APSN East Timor News Digest 8 - August 1-31, 2004

Dili -- Five years after his tiny nation voted in a UN referendum to end 24 years of Indonesian occupation, East Timor's president warned on Monday that the poverty-stricken country still faced major challenges.

"I must remind you again that this process [nation building] is a very difficult one," Xanana Gusmao said during a televised broadcast. "Building a nation implies working hard, making sacrifices, having the ability to distinguish what can be done now and what will take time."

East Timor, a former Portuguese colony, was devastated during a long war of liberation that followed Indonesia's December 1975 invasion. Some 200,000 Timorese and about 10,000 Indonesian troops died in the conflict.

The invasion was sanctioned by then-US President Gerald Ford and Secretary of State Henry Kissinger, who both visited Jakarta a day before the attack to discuss the matter with Indonesia's dictator, Soeharto.

Soeharto was ousted amid pro-democracy protests in 1998 and his successor allowed the United Nations to conduct a plebiscite in East Timor on August 30, 1999, in which 80 percent of the half island territory voted for independence.

In a final act of vengeance, withdrawing Indonesian troops and their militia auxiliaries destroyed much of the country's infrastructure and killed at least 1,500 people.

East Timor, which gained full independence in 2002 after a period of UN rule, remains Asia's poorest country. But the government has high hopes that an expected agreement with neighboring Australia over the exploitation of the Timor Sea natural gas reserves will bring major benefits for the 800,000 people in coming years.

"It has been five years since we achieved freedom. But sometimes people are a little frustrated with their daily lives, and might say: This freedom has not helped us move forward but instead it has made us go backward," said Gusmao, a former resistance fighter who was elected head of state two years ago.

Gusmao has been in the forefront of efforts to patch up relations with Indonesia. Ties between Jakarta and Dili have improved significantly in the past two years.

But international human rights groups insist that Indonesian military commanders must be punished for abuses in East Timor and have urged the United Nations to set up a war crimes tribunal akin to those for ex-Yugoslavia and Rwanda.

Life still a struggle five years after referendum

Radio Australia - August 30, 2004

It's been five years since the referendum in East Timor which lead to its independence. On August 30 1999, the people voted overwhelmingly to break away from 25 years of repressive -- even brutal rule by Indonesia. But the jubililation turned to terror as violence and bloodshed, organised by pro Jakarta militia left a trail of destruction during and after the ballot.

Presenter/Interviewer: Anita Barraud

Speakers: Rosario Martins, Head of Programs, RadioTimor Leste

Martins: I hope in the next five years East Timorese will initiate themselves to celebrate their independence day or the referendum. They have hope to realise for instance dancing or something but now maybe because of the economic situation or the security situation, so they can't realise it now.

Barraud: There are still many problems arising from the violence during that 1999 referendum, and also criticism that those responsible for the violence are yet to be held accountable?

Martins: Yeah that's the big news I think last week up to now about the establishment of the international tribunal. Maybe the governments of the two countries can work it out and it can be put in West Timor or on the border of Timor Leste and West Timor temporarily solution for the victims that still are waiting for justice, you know commits a crime against humanity in East Timor.

Barraud: So is that certain that some kind of international tribunal will operate on the border or near the border?

Martins: No the Indonesian government and East Timor maybe they can discuss by one commission from two countries.

Barraud: What about recovering from the violence from that ballot? I still remember those pictures of the black smoke that hung over Dili for days and days and other cities following the destruction. How is the rebuilding going on?

Martins: Yes you know that based on the national planning of the government the construction of infrastructure is also the main priority of the development now. From our side, our observation that you know the reconstruction is going on but as you know that East Timor now is depending on the international community contribution. It's going on slowly.

Barraud: Is there a sense that there's not enough international assistance and especially with a lot of efforts going on in Iraq and other countries has the sort of sights on East Timor faded as far as the international community's concerned?

Martins: Yeah it's true that after the war in Iraq I think the international attention to East Timor is going down.

Barraud: What about schools and hospitals, baby health centres, even technology? I know the phones as we're experiencing right now aren't the best in East Timor?

Martins: Yeah you know that another main period of the development of the national planning is also education. We only have four for the kindergarten, and the others is still using mixing curriculum. So it's also confusing from the kindergarten up to primary school we are using Portuguese. But for the secondary school we are still mixing it so sometimes the pupils are confused.

Barraud: So there's a bit of confusion over language whether it's Portuguese, Tetum, English, even Indonesian?

Martins: Yes it's true.

Barraud: And you do hear stories of a lot of children in the streets.

They're obviously not going to school, and unemployment, youth is also a problem, which of course can lead to disaffected youth, especially boys whipping up trouble?

Martins: Yeah it's true that based on the preliminary report from the UN Secretary Kofi Annan also stated about the rate, the high rate of unemployed people here in East Timor. I think the rate of unemployment, unemployment problem is also affected to the veterans.

Barraud: Despite the problems five years on is there still though that sense of hope and pride and a sense of future for East Timor?

Martins: I think yes, yes.

Barraud: Perhaps next year or when things get economically better perhaps it's time to dust off those dancing shoes and get out there in the streets and celebrate?

Martins: Yes, yes, I think so, I think so.

East Timor not ready for life without UN peacekeepers

Sydney Morning Herald - August 26, 2004

East Timor urged the United Nations not to be hasty in withdrawing its peacekeeping forces from the fledgling nation, after the world body said it was considering further cutting back the mission.

Nelson Santos, the secretary-general of East Timor's foreign ministry, said that security along the country's border with Indonesia had improved but remained fragile.

"UN peacekeeping is a very good deterrent for any further internal or external instability ... If the remaining troops can remain here until next year, then we will be able to further consolidate our security forces," Mr Santos said from Dili on Tuesday.

"For the past six months or more nothing crucial has been happening on the border area, but it needs only a small group to destabilise the whole situation. Therefore it is better for us to exercise caution rather than over-optimism," he said.

Timorese voted overwhelmingly in an August 1999 referendum to break free from Jakarta, prompting a rampage by gangs with links to elements in the Indonesian military.

More than 1000 people were killed in violence following the vote, and the UN administered the territory until independence in May 2002.

The UN Assistant Secretary-General for Peacekeeping, Hedi Annabi, told the Security Council on Tuesday that his staff would decide in October whether changes should be made to the size, composition or tasks of the East Timor mission.

The comments led Australia to oppose any further withdrawal of peacekeepers before mid-2005. The mission's mandate is due to be reviewed by the council in November.

The Security Council ordered an earlier reduction of the mission in May, cutting it to 604 civilian police, troops and military observers as of July 31 from 3000. The mission had numbered 11,000 troops and civilians when it was first authorised.

It had been expected to shut down this year, but East Timor's leaders persuaded the UN Secretary-General, Kofi Annan, to keep some troops in place in case of unexpected violence.

"Our own troops are undergoing training and the training has been delayed because of some logistical problems. We had hoped they would have some time to adjust themselves to a pullout or a phased pullout of the UN mission," Mr Santos said.

He said the current presence was not a huge burden for the UN and that relations with Jakarta were improving.

International assistance still needed, Security Council told

Lusa - August 25, 2004

New York -- Although East Timor continues to make progress towards self-sufficiency, it still requires international assistance for the foreseeable future, a senior United Nations official has told the Security Council.

Hedi Annabi, Assistant Secretary-General for Peacekeeping Operations, said Tuesday that demonstrations in July outside Dili's government palace were an indication of underlying tensions in Timorese society.

"Social and economic development and the creation of jobs are essential to deal with the root causes of these problems", Annabi told the Security Council, which had met to discuss the latest report on Timor by Secretary-General Kofi Annan.

In his brief on Timor, Annan had noted that with less than a year before the UN pullout from the new nation, Dili has made significant progress to running its own affairs.

The United Nations Mission of Support in East Timor (UNMISET) concludes its mission next May and Annabi told the Security Council that much remained to be done in Timor before the mandate expires.

He said the situation in Timor would be reviewed in October to determine whether any changes would be made to the size, composition and tasks of UNMISET.

The UN downsized its mission in May, leaving only 604 police, troops and military observers after July 31, from 3,000 previously.

Annabi warned the Security Council that Timor's justice sector continues to suffer a shortage of qualified officials and limited infrastructures, casing delays to the legal process and violations of prisoners' rights.

Timor's UN ambassador, Josi Luis Guterres, said his country would continue to rely on support from international financial institutions to promote development.

Dili's state budget of about USD 70 million was almost entirely dependant on foreign aid and would remain so for several years until oil revenues began to flow into Timor's state coffers, he told the Security Council.

Timor urges UN not to pull out peacekeepers

Reuters - August 25, 2004

Jakarta -- East Timor urged the United Nations on Wednesday not to be hasty in withdrawing its peacekeeping forces from the fledgling nation, after the world body said it was considering further cutbacks to the mission.

Nelson Santos, the secretary-general of East Timor's foreign ministry, said the security situation along the country's border with former ruler Indonesia had improved but remained fragile.

The Timorese people voted overwhelmingly in an August 1999 referendum to break free from Jakarta, prompting a rampage by gangs with links to elements in the Indonesian military.

More than 1,000 people were killed in violence surrounding the vote, prompting Australia to send troops to restore order. The United Nations then administered the territory until independence in May 2002.

UN Assistant Secretary-General for Peacekeeping Hedi Annabi told the Security Council on Tuesday that his staff would take a look in October at whether changes should be made to the size, composition or tasks of the East Timor mission.

Those comments prompted Australia to state its opposition to any further withdrawal of peacekeepers before mid-2005. The mission's mandate is due to be reviewed by the council in November.

The Security Council ordered an earlier downsizing of the mission in May, reducing it to 604 civilian police, troops and military observers as of July 31 from 3,000 previously.

The UN Mission of Support in East Timor, or UNMISET, numbered 11,000 troops and civilians when first authorised. It had been expected to shut down this year, but East Timor's leaders persuaded UN Secretary-General Kofi Annan to keep some troops in place in case of unexpected violence.

Canberra in May pleged about 100 troops for the extended East Timor mission, down from about 5,000 in 1999 when Australia led the multinational peacekeeping operation.

He said the current presence was not a huge burden for the UN and that relations with Jakarta were improving.

Dili progressing towards self-sufficiency, says UN chief

Lusa - August 24, 2004

New York -- As the United Nations readies next year's withdrawal of its mission to East Timor, Dili is making significant progress towards running its own affairs, UN Secretary- General Kofi Annan says in a new report debated by the Security Council on Tuesday.

In his latest brief on Timor, Anan says that the world's newest nation has made progress in reaching critical levels of self- sufficiency in administration and internal and external security. Timor's public administration, police and armed forces continue to develop and mature, he notes. Preparations for Timor's first post-independence elections in 2005 are well on course, the UN chief says.

Although there has been "significant achievements in prosecuting perpetrators of serious crimes committed in 1999" around the time of Timor's independence ballot, "many indicted persons remain outside Timor and have not been brought to justice", says Anan.

UN member states, including Indonesia, should make all efforts to ensure that the 279 people indicted for human rights abuses in 1999 who reside outside of Timor do not enjoy continuing impunity, Anan underscores.

Key work still needs to be completed in demarcating Timor's borders with Indonesia, Anan points out, adding that "progress has not been as rapid or as conclusive as hoped".

The UN Mission of Support in East Timor (UNMISET) ends its mandate next May and Anan says continued successful nation building in Timor depends on cooperation between Dili, UNMISET and the international community.

Timor Gap

Sword-Gusmao condemns Canberra's gas revenue offer

Green Left Weekly - August 18, 2004

Vannessa Hearman -- Kirsty Sword-Gusmao, the Melbourne-born wife of East Timorese President Xanana Gusmao and chairperson of the Alola Foundation for women and children of East Timor, has condemned the stance taken by the Howard government on the Timor Sea oil and gas negotiations.

Speaking in Melbourne on August 6, she said that having access to the hydrocarbon resources in the Timor Sea was the key to East Timor's ability to respond to basic needs. "I'm dismayed at the attitude of the Australian government", she said. "Surely the powers that be in Canberra should say it is better for us and better for East Timor if they stand on their own two feet." Sword-Gusmao alleged that Canberra's intractability in negotiations suggested that Australia preferred to "keep East Timor dependent on aid to give it leverage to have influence in the country".

The issue of permanent maritime boundaries based on the international law principle of the "median line" between two countries was "an ongoing self-determination issue" for the Timorese, said Sword-Gusmao.

She praised the work of the Timor Sea Justice Campaign, which has "kept the issue alive in Australia" and "raised public awareness". She warned that in Australia, "newspapers don't necessarily tell you the real truth", arguing that sections of the Australian media ran the line that the Timorese were "ungrateful" for the 90% of gas revenues East Timor would receive, despite this figure only pertaining to the Joint Petroleum Development Area and not to the other oil and gas fields in the Timor Sea.

Sword-Gusmao said that foreign minister Alexander Downer was not interested in "Australians knowing the fact that East Timor would get four times the amount if the boundaries were resolved [under international law]".

She said the Australian foreign affairs department "is out of synch with public opinion and sentiment on East Timor".

During her travels in Australia, according to Sword-Gusmao, she had not met one person who disagreed with East Timor's claim, "and I haven't just been meeting with members of the Timor Sea Justice Campaign".

She said it was difficult, in a country with limited media outreach and low levels of literacy like East Timor, to "get the technical details across", but the East Timorese people understand it as "an issue of rights and fairness".

Asked about the difference between the Labor Party and the Coalition on the Timor Sea issue, she said: "I think the substantial difference in the position of the opposition Labor Party and the current government is Labor has said that they are not interested in screwing East Timor... but let's say that nothing can be worse than what we've got at the moment."

New Timor Sea deal?

Green Left Weekly - August 18, 2004

Vannessa Hearman -- On August 11, East Timorese foreign minister Jose Ramos Horta and Australian foreign minister Alexander Downer agreed on a "framework" for a Timor Sea agreement. According to Downer, an agreement could be reached by Christmas.

During a joint press conference in Canberra, Downer stated that, "as a result of these discussions, we can find a way through which will be beneficial to the people of East Timor, but will also be satisfactory as far as the Australian people are concerned". The ministers did not discuss details of the talks.

In the press conference, Downer stated that Australia's concerns are "less with the revenue we can extract from the Timor Sea than with the broader questions of sovereignty". This probably means that the Australian government is willing to offer East Timor a higher percentage of revenue, in order to entrench the current, highly unfair, maritime boundary between East Timor and Australia.

According to UN conventions on the law of the sea, the maritime boundary should be drawn halfway between East Timor and Australia. Under its agreement with Indonesia, however, the Australian government took sovereignty of considerably more. Since the occupation ended, the Timorese government has been attempting to reset the boundary in accordance with international law. The disputed area includes the entire Timor Sea, and the Greater Sunrise, Buffalo, Laminaria and Corallina oil and gas fields.

Horta's indication that both Prime Minister Mari Alkatiri and President Xanana Gusmao were supportive of finding "a solution that is satisfactory to the two sides" may mean an East Timorese compromise on the boundary is forthcoming. However, many Timorese believe that a fair boundary is necessary for the country to achieve full independence.

Australia will push for any agreement to include East Timorese government ratification of the Greater Sunrise Unitisation Agreement, which Woodside Petroleum, the lead company in the Greater Sunrise project, has been agitating for. This could be a sticking point. So far, East Timor has refused to ratify the agreement, because entitlements under the agreement will be affected by changes in the maritime boundary.

On August 13, the Murdoch-owned Australian newspaper -- which has been campaigning against a fair deal for Timor -- reported that "in an offer yet to go to federal cabinet, the Howard Government is now prepared to concede up to half of the Greater Sunrise gas reserves to East Timor, giving it an extra $3 billion". However, East Timorese sources have been reluctant to comment on a possible resolution.

On August 13, the Timorese secretary of state for resources and energy, Jose Teixeira, told Green Left Weekly that it was "difficult to answer if there is a deal" as yet. He said that Alkatiri "has just been briefed about what happened in Canberra" and a statement would be released by Alkatiri's office this week.

Teixeira said that the Timorese negotiating team was "encouraged by suggestions of a framework" for negotiations, but that "a lot of detail still has to be worked out". Asked if the campaign for East Timor's claim to the oil and gas in the Timor Sea is now finished, Teixeira responded that, whilst East Timor was "encouraged by the goodwill shown by Australia", it was still cautious, because the details are still unclear.

Greens Senator Bob Brown commented that the rumours of Australian government concessions on Greater Sunrise showed, "not just how justified the East Timorese refusal to accept the deal was, but how angry the Australian electorate has been over the mistreatment of East Timor by the Coalition government".

He added: "The Greens will not accept any deal which falls short of an internationally arbitrated readjustment of the sea boundaries." Leading Timorese activist Tomas Freitas told Green Left Weekly on August 13 that campaigners in East Timor had many questions about the details of Downer and Horta's agreement and discussions -- in particular, whether his government had discarded its principle of maritime sovereignty. They were waiting, he said, for clarification from Alkatiri's office before releasing a statement. Dan Nicholson from the Timor Sea Justice Campaign in Melbourne was similarly cautious. He said that the group would go ahead with its planned meeting on August 18 and decide on campaign priorities, which could include continued lobbying efforts and hosting a tour of two Timorese civil society activists.

The next round of talks between the two countries will likely go ahead on September 20 in Canberra.

Reaching out across the Timor Gap

Melbourne Age Editorial - August 13, 2004

A sensible, if imperfect, compromise appears to have retrieved relations with East Timor.

The people of East Timor are under no illusions about how much they owe Australia for its help in winning independence from Indonesia. So when East Timor recently accused Australia of bullying and stealing oil revenue this signalled a serious dispute.

Talks were at a stalemate on two related issues: the division of oil reserves and the determination of undersea boundaries.

East Timor is a poverty-stricken country where 70 per cent of infrastructure was destroyed during the violent transition from Indonesian rule. Its Government is desperate to get a fair share of oil and gas reserves, worth up to $30 billion, that lie between the countries.

While East Timor has a 90 per cent share of tax revenue from the Bayu-Undan field launched in February, it was to get only 18 per cent from the much bigger Greater Sunrise field.

The fields are closer to East Timor than Australia, which has also taken all of $2 billion in tax collected since 1999 from the Laminaria Corallina field, even closer to East Timor.

Meanwhile, East Timor has needed more than $40 million in aid just to balance its $100 million annual budget.

The problem for Australia was that conceding marine boundaries it had settled with Indonesia and accepting a median-line border could cast doubt on all territorial sovereignty based on the continental shelf, with the risk of a flow-on to other agreements.

While there have been shifts in international law since the border was agreed on 32 years ago, Australia's refusal to accept international legal arbitration suggests it was not certain of the outcome, no nation can be expected lightly to cede established territory.

In any case, the unequal nature of the countries' relationship and relative urgency of needs suggested Australia had East Timor over an oil barrel.

It was a pleasant surprise this week when foreign ministers Alexander Downer and Jose Ramos Horta struck an in-principle compromise worth an extra $3 billion or so to East Timor. Although crucial details must be worked out, the deal is based on a pragmatic decision to decouple East Timor's moral claim to a more equitable share of oil revenues from unresolved legal issues of sovereignty.

The agreement also opens the way for Australia to take responsibility for security and resource protection, including fisheries, in the Timor Sea.

Aside from settling an awkward election issue, the Government had to act on longer-term considerations, not the least of which was strategic self-interest.

This encompassed at least two aspects: other nations were critical observers of Australia's conduct as a regional power; and the new state of East Timor could not be allowed to fail.

Australia's attitude seemed inconsistent with its progressive and generous policy on restoring the viability of Pacific island nations. The newfound preparedness to "meet halfway", as Dr Ramos Horta put it, promises a restoration of the sort of friendship that flows naturally from the founding bond between the nations.

Australia and East Timor move to resolve dispute

Wall Street Journal - August 12, 2004

Timothy Mapes and Patrick Barta, Jakarta -- Australia and East Timor have worked out the broad outlines of a possible compromise that could help end a bruising two-year dispute over control of giant oil and natural-gas fields in the Timor Sea, officials familiar with the talks said.

While final terms still need to be negotiated, the proposed deal would give East Timor, one of the world's poorest nations, access to billions of dollars in additional revenue from the disputed fields. In return, East Timor would drop plans to press Australia for a new sea boundary based on a median line between the countries.

A deal on the Timor Sea energy fields would be of critical importance for East Timor, a territory of just 800,000 people with few other resources and almost no industry. East Timor officials hope to use revenue from the Timor Sea fields to build schools and hospitals and develop the country's economic infrastructure, which was mostly destroyed during a bloody rampage by Indonesian forces after the territory voted for independence from Jakarta in 1999.

But a dispute about sovereignty over some of the sea has hindered investment and prompted some East Timor officials to claim that Australia was intentionally dragging its feet on the issue.

During talks in Canberra this week, officials discussed a plan that would expand a joint development zone that already exists between the two nations to include additional fields. The expansion would be designed to cover a field called Greater Sunrise, which is believed to contain natural-gas reserves valued at as much as $30 billion and has been the subject of most of the wrangling.

"We've come up with a framework in which [East Timor] gets additional revenue while [Australia] gets to keep the continental-shelf principle," said an official familiar with discussions in Canberra. The idea would be to give East Timor roughly the same revenue it would receive if the border were placed along the midpoint between the two countries, without actually fixing the boundary in that way.

In prior talks, Australia has resisted East Timor's efforts to draw a new sea boundary between the countries using a median line rather than the continental shelf, which defines Australia's boundaries with other countries. Australia worries that the use of a median line in the Timor case could expose the country to new border disputes with Indonesia or other neighbors. East Timor favors the idea because most of the Timor Sea's energy deposits are on its side of such a line.

If a deal is finished by the end of this year, it could allow a consortium led by Woodside Petroleum Ltd. of Australia to move ahead with plans to develop Greater Sunrise. Woodside's chief executive, Don Voelte, warned officials from both nations last month that the project -- which would involve building a liquefied-natural-gas facility to export the fuel by tanker -- might be shelved if the matter isn't solved by year end.

"This dispute is hurting our ability to market the gas," a Woodside spokesman said Thursday. Several competing liquefied- natural-gas projects are expected to be finished around 2010 and are already working to line up long-term sales agreements with consumers. Europe's Royal Dutch/Shell Group, ConocoPhillips of the US, and Japan's Osaka Gas Co. also hold shares in the Greater Sunrise project.

Under a 2002 treaty, East Timor gets 90% of the revenue produced by fields in the development zone, while Australia gets 10%. East Timor hopes to maintain that ratio if the zone is expanded, although the final figure will be subject to further negotiation, officials said. In February, Houston-based ConocoPhillips began tapping natural gas and liquid condensates from a $1.8 billion venture in the zone.

After talks on Wednesday in Canberra, Australian Foreign Minister Alexander Downer said the two sides had made "extremely good progress' and said he hoped the two countries could wrap up a deal by the end of the year.

East Timor Foreign Minister JosC(c) Ramos Horta added, "We have the basic ideas....Now we just need to work out the details." However, both offiicials declined to discuss the new framework in any detail.

Some people in the oil industry hailed the news of an apparent deal. Geoffrey McKee, an oil-industry consultant in Sydney, called the proposed compromise "the only possible deal in the real world," noting that East Timor was never likely to get everything it wanted in the Timor Sea. A deal became more likely after Woodside threatened to pull out of Greater Sunrise if a resolution wasn't reached before the end of this year, Mr. McKee added.

A compromise on the Timor Sea gas dispute could factor into Australia's coming election. Prime Minister John Howard faces a stiff challenge from opposition Labor Party leader Mark Latham, and the Australian leader's government has come under fire from activists for failing to solve the East Timor issue.

"What this has done is it has taken this issue off the election agenda," Mr. McKee said. "If the Howard government gets returned, you could say this helped."

Timor Sea Oil a political football, Sword Gusmao says

Australian Assoicated Press - August 6, 2004

Melbourne -- East Timor's first lady today accused the federal government of making the Timor Sea oil negotiations a political football.

Melbourne-born Kirsty Sword-Gusmao, the wife of East Timorese president Xanana Gusmao, was in Melbourne today to call on the Australian public to lobby for a fairer deal for East Timor in the maritime boundary negotiations.

The Australian government is currently in negotiations with the fledgling nation to divide up the estimated $30 billion in royalties from Timor Sea oil and gas deposits.

But talks between the two countries, scheduled for next month, are in doubt after the Australian government threatened to suspend them a week ago when the Labor opposition said it might have to start negotiations from scratch if it won the coming election.

"It is obviously being used a bit of a political football at the moment," she said. "I think the substantial difference in the position of the Opposition Labor Party and the current government is Labor has said that they are not interested in screwing East Timor."

She questioned the government's reaction to Opposition Leader Mark Latham's comments that if Labor won the election it would need to recommence negotiations from the beginning.

"[It] has got Alexander Downer's back up and I'm not quite sure why, because from what I can see there hasn't been any substantial progress in the negotiations anyway, so going back to the drawing board wouldn't significantly alter things."

An interim deal gives East Timor 90 per cent of government revenue from the so-called Joint Petroleum Development Area, including the Conoco Phillips-operated Bayu Undan field and part of the Woodside Petroleum-operated Sunrise project.

But East Timor has refused to ratify a second deal -- the international unitisation agreement, which puts 80 per cent of Sunrise in Australian waters and the remaining 20 per cent in the joint development area.

Mrs Sword-Gusmao, said East Timor was one of the world's poorest countries, with more than 40 per cent of the population living on less than 55 US cents a day.

The former Indonesian province has been reliant on foreign aid to keep its $100 million annual budget afloat since becoming a nation in May 2002.

"I'm dismayed at the attitude of the Australian government....surely the powers that be in Canberra should say it is better for us and better for East Timor if they stand on their own two feet."

Australia bars the way to East Timor's future

South China Morning Post Editorial - August 5, 2004

Oil wealth was always expected to play an important role in rebuilding East Timor after independence. Two years on, thanks to the stubbornness of neighbouring Australia, there is still much uncertainty over whether the bulk of that wealth will ever be made available to the government of the struggling new country. Meanwhile, poverty remains high, there is little to speak of in terms of an economy, and unemployment runs above 60 per cent. It is a situation that could be eased by a compromise from Australia, but there are few signs that such an outcome is likely in the immediate future.

The disputed oil fields fall in the Timor Sea between the two countries. Going by a border negotiated long ago with the Indonesian government, from which East Timor won its freedom only recently, Australia claims the vast majority of one of the most lucrative deposits -- in an area called Greater Sunrise.

If the border was determined by the median-line method now commonly accepted in international courts, much more of Sunrise and other contested fields would fall in Timorese waters.

Negotiations, however, have been slow and may even stop completely as the Timor Sea oil issue becomes a political football in the Australian national elections. The next meeting, scheduled to take place soon, might be cancelled if the Australian negotiators follow through on their threats.

While talks stall, pumping on existing projects continues and preparations are being made to tap Greater Sunrise. Billions that could be channelled into rebuilding an area devastated by decades of guerilla war -- and arguably the poorest country in Asia -- are instead going into the coffers of the Australian government and international oil companies. All of it is unseemly to say the least.

There may be concerns about whether East Timor has adequate infrastructure to handle even the trickle of oil money that is now flowing into the country, much less the funds that would become available after it gains access to a fairer share of the fields.

Obviously, the non-governmental organisations already there will have to stay engaged and even intensify their institution- building work. But it is far preferable for the NGOs to be focusing on training new leaders than on providing funds for basic services and infrastructure. They are still involved in the latter. Nor will these NGOs support East Timor indefinitely, as other trouble spots demand the world's attention.

East Timor's small size, poverty and relative lack of resources other than oil mean that it has relatively few options for development. It would be a shame if greed and intransigence from one of the richest nations in the hemisphere served to close off the country's most promising means for achieving long-term stability and prosperity.

Canberra threats to cancel Timor Sea talks

Green Left Weekly - August 4, 2004

Jon Lamb -- Australian Labor Party federal leader Mark Latham's comments on July 22 that a government led by him would start new negotiations with East Timor over the maritime boundary in the Timor Sea has provoked a threat from Prime Minister John Howard's government to cancel the next round of talks between Canberra and Dili scheduled for September.

Speaking on Lismore radio station 2LM on July 22, Latham said: "If we come into government, I think we'll have to start again because, from what I can gather, there's been a lot of bad blood across the negotiating table and you never get it right in these sensitive areas unless you're there doing things in good faith." Responding to Latham's comments, Australian foreign minister Alexander Downer told reporters: "If the Labor Party is still going to take the view that it wants to politicise these delicate negotiations, we'll have no choice but to suspend the next round of negotiations".

The day before Latham's comment, Downer was forced to respond to comments by East Timor's Foreign minister, Jose Ramos Horta, who told a packed public meeting on July 21 in Sydney: "On our side we have very, very solid legal grounds. We are supremely confident and we will be prepared to go to the International Court of Justice. We will be prepared to accept arbitration and we will honour whatever result." Horta also suggested that if Australia maintained its opposition to arbitration by the World Court, then a third-party such as New Zealand should be involved.

On July 28, Australian oil giant Woodside Petroleum weighed into the dispute between the ALP and the government warning that if the dispute with East Timor is not settled by the end of the year, the $5 billion Greater Sunrise gas development will not go ahead. Woodside is the lead developer in the Greater Sunrise gas project which lies between East Timor and Australia.

Woodside is demanding that, at a minimum, the East Timorese parliament pass legislation similar to that passed by the Australian parliament earlier this year ratifying an agreement under which 80% of the Greater Sunrise field -- believed to hold the largest deposits of gas and oil in the Timor Sea -- would be placed under Australian control. This would give Canberra the vast bulk of future government revenue from the development of the field.

Within hours of Woodside's public threat, Howard told reporters that Labor and government need to adopt a bi-partisan approach to defend Australia's "national interest" because "dealing with another country, you're both on the same side". He also said that he would be personally meeting with Woodside and its US partner, Conoco-Phillips, to discuss the government's next steps.

The threat of Woodside pulling the plug on the Greater Sunrise project propelled Northern Territory Chief Minister Claire Martin to repeat her call for the Howard government to be more generous and provide a better royalty deal or one-off payment to East Timor. Woodside plans to export the oil and gas from Greater Sunrise via the Northern Territory, rather than East Timor.

Martin's Labor government has been pushing the "generous" solution as a compromise to the stalemate and as a means to directly avoid recognising or supporting East Timor's sovereign territorial rights.

Public and private lobbying of the East Timorese government has dramatically increased as a result of Latham's remarks. Woodside sent its newly appointed CEO, Don Voelte, to Dili for talks with East Timorese Prime Minister Mari Alkatiri. Also on the path to Dili was Labor's former shadow minister for foreign affairs, Laurie Brereton.

According to Australian press reports, Brereton's visit was to help clarify Labor's position and to urge approval for the Greater Sunrise project. His visit and the comments by Martin indicate that there are differences within the ALP over how to deal with the maritime boundary issue, despite Latham's call for "negotiations in good faith".

Both Labor and the Howard government are acutely aware of the growing public understanding and support within Australia for East Timor's claim for the maritime boundary to be settled in accordance with international law. This is one of the reasons behind Labor's apparent shift toward a fairer deal. A more important motivation, however, is the ALP's desire to reassure the oil companies that a Labor government could provide a speedier resolution to the dispute.

For East Timor, there is much at stake. The East Timorese government -- along with East Timorese non-government groups and international solidarity organisations -- point out that the current proposal for the split of royalties from Greater Sunrise would see East Timor denied at least US$8 billion.

"This $8 billion more than doubles East Timor's budgets for 30 years but adds less than 1% to Australia's budgets", remarked Greens Senator Bob Brown on July 24. "It is essential for schools, hospitals and roads in East Timor where there is up to 90% youth unemployment".

The Howard government's stance was also criticised by a US legislator during the debate in the US House of Representatives on the US-Australia Free Trade Agreement.

Representative James McGovern stated on July 21 that he was concerned by Australia's "ruthless treatment and disregard of East Timor's rights." He urged the Howard government "to do the right thing by East Timor ... rejoin the international dispute resolution mechanism for maritime boundaries; refrain from offering disputed areas for new petroleum contracts; and expeditiously negotiate in good faith a permanent maritime boundary in the Timor Sea." McGovern added that "the US and Australia scarcely took one year to negotiate a free trade agreement. Australia has been dragging its heels since 1999 to resolve this dispute with East Timor."

Don't make us beg, Timor first lady urges Australia

Agence France Presse - August 2, 2004

Sydney -- The Australian-born first lady of East Timor, Kirsty Sword-Gusmao, Monday appealed to Canberra not to force her country beg for a "fair share" of the Timor Sea oil and gas reserves.

Melbourne-born Sword-Gusmao, the wife of East Timorese President Xanana Gusmao, said the fledgling nation needed access to the energy reserves to rebuild hospitals, schools and the economy.

"I certainly don't think it's dignified for East Timor to be forced into begging," Sword-Gusmao told a forum in Canberra on Monday.

Talks between the two countries have stalled over negotiations over a maritime boundary and the delay is threatening oil and gas projects in the region.

The boundary dispute centers on a demand from East Timor that the border be redrawn to half way between the two countries, which would give it a greater share of the oil and gas revenues.

Australia's conservative government has been accused of bullying the nation by claiming ownership of the oil-rich continental shelf two-thirds of the way across the Timor Sea under the terms of an agreement reached with Indonesia when it controlled East Timor.

Under an International Unitization Agreement agreed but not ratified by Dili, 80 percent of the Greater Sunrise project operated by Australia's Woodside falls within waters designated as Australian, leaving East Timor access to just 20 percent.

A second revenue sharing deal allows East Timor to take 90 percent of government revenue from the so-called Joint Petroleum Development Area, which includes only 20 percent of Sunrise, whose fields are considered the most lucrative in the area.

Talks scheduled for next month are in doubt after the Australian government threatened to suspend them when the Labor opposition said it would start negotiations from scratch if it won the coming election.

"We are so far aid dependent, and without access to the oil that we say is legally ours. We are in poverty and need to struggle to overcome this," Sword-Gusmao said.

"And in this fight against poverty and ignorance we also need Australia to play fair in resolving access to the resources of the Timor Sea that will be vital for rebuilding this new nation. The right to a maritime boundary is vital to the future of East Timor."

Timor Gap - Energy now, borders later

Business Review Weekly - August 26-September 1, 2004

Brad Howarth -- The East Timorese and Australian Governments have agreed to proceed with negotiations over the Timor Sea oil and gas fields without discussing permanent seabed boundaries.

East Timor's Foreign Minister, Dr Jose Ramos-Horta, told BRW: "The two sides realise that if we continue to insist on each side [sticking to] our respective claims of sovereignty, we will never agree, unless the two sides go to international arbitration."

Australia's Minister for Foreign Affairs, Alexander Downer, remains positive about the discussions and says he wants to see the dispute with East Timor over the oil and gas fields resolved in time to hand the East Timorese and Australian people a "Christmas present".

But a resolution of the tensions by December is far from certain. Negotiations in early August resulted in a positive outlook on the long-running seabed boundaries disagreement, but there is still a long way to go. In dispute are numerous oil and gas deposits in the Timor Sea, including the Australian Governments have agreed to proceed with negotiations over the Timor Sea oil and gas fields without discussing permanent seabed boundaries.

Almost 90% of this field lies outside the so-called Timor Gap (also known as the Joint Petroleum Development Area). The existing Timor Sea Treaty prescribes that 90% of the government revenue within the joint petroleum development area will flow to East Timor, but makes no recommendations on where the processing should take place.

The field's developer, Woodside Energy, is considering three proposals, including one that would lead to processing in East Timor. But Woodside has added further pressure to the negotiations by stating it would "mothball" the development of the Greater Sunrise field if the dispute is not resolved by the end of the year. Woodside is estimated to have invested $US200 million in the region.

Until now the negotiations have been acrimonious with accusations from East Timor that Australia is exploiting the fledgling nation's dire need for resources revenue.

A Woodside spokesman says the company is seeking ratification of an international unitisation agreement, which would create the legal and taxation framework for the development of Greater Sunrise. Without this, Woodside cannot proceed with the $US60- million, 15-month design phase.

The unitisation agreement has been signed by Australia but not by East Timor, and is a key point in the current discussions. The next round of discussions is in September

The dispute centres on attempts by East Timor to have boundaries moved south, to the midpoint between it and northern Australia. The present boundaries, established in the 1970s with East Timor's former ruler, Indonesia, extend close to East Timor's coastline, along Australia's northern continental shelf.

The president of East Timor, Xanana Gusmao, characterises the discussions as positive, but is reserving judgment on what has been said. He says East Timor wants a proper outcome based on the principles of fairness and sovereignty -- not a "Christmas present".

"In the struggle I learned to be sceptical," Gusmao says. "We fought for 24 years, against a very big country, and we never gave up. We said, 'No, it is a matter of principle'. Under the frame of principles, we can work. We don't want to be taken as beggars ... But sometimes we feel ... that some people want to insult our intelligence."

Gusmao says that international experts have described the existing arrangements, including the positioning of the eastern and western lateral lines around the Timor Gap as legally indefensible and says. "We cannot inherit the mistakes of the other treaties."

The most likely outcome will be a revenue-sharing arrangement, with East Timor keen to see some onshore processing within its territory.

Ramos-Horta is adamant that the existing arrangement in the Timor Gap is not an adequate model for development. Despite East Timor earning 90% of the revenue from the extraction of the raw materials, he estimates that it receives only 10% of total revenue, as all processing is handled within Australia.

Timor gas deal to go ahead

The Australian - August 31, 2004

Dennis Shanahan -- A gas revenue deal worth $5 billion for the infant nation of East Timor is expected to go ahead despite the election campaign clashing with scheduled negotiations next month.

The last federal cabinet meeting before the Coalition goes into election "caretaker" mode cleared the way yesterday for a deal on gas revenues from the Timor Sea.

Cabinet has established the benchmarks for offering a greater share of the revenue from the massive Greater Sunrise gas project headed by Woodside Petroleum, which could be between $10 and $12 billion over 25 years.

The decision is based on the understanding that Labor has abandoned Mark Latham's suggestion that negotiations would start again under a Labor government and the East Timorese have accepted there would be no new deal.

East Timorese officials have informed the ALP that they are keen to have the dispute settled and the project finalised before the end of the year.

Labor has indicated to the Government in Dili that the Opposition Leader's public comments that negotiations would have to recommence under a Labor government because of "bad blood" over the negotiating table did not mean there would be a change of policy under the ALP.

East Timorese sources said they were happy with the Government's proposal and the ALP's agreement, which meant the deal could be finalised.

The revenue-sharing negotiations have been bitter at times with the East Timorese leadership accusing Australia of colonialism and theft over the revenue from gas fields falling within maritime boundaries negotiated with Indonesia.

Cabinet yesterday agreed to the broad principles for a better deal for East Timor based on a greater share of revenue but the same maritime boundaries.

Under the Coalition's new deal the existing maritime boundaries would remain but there would be an increase in tax revenue of about $3 billion.

Woodside Petroleum and the other joint venture partners, Conoco Phillips, Shell and Osaka Gas, have warned they will pull out of the project if the revenue dispute between Australia and East Timor is not settled by Christmas.

Three weeks ago Alexander Downer and East Timor's Foreign Minister Jose Ramos Horta worked out terms for a broad agreement. Mr Horta said East Timor was trying to demonstrate it would not waste resource income.

"The resources that will flow to East Timor under a fair settlement with Australia will help make our nation a viable, independent and prosperous neighbour of Australia," Mr Horta said.

East Timor, Australia fight for riches beneath the sea

Washington Times - August 27, 2004

Janaki Kremmer, Sydney -- Not so long ago, Australians were being feted for helping tiny East Timor, their northern neighbor, gain independence from Indonesia.

But a tug of war over riches lying at the bottom of the Timor Sea that divides the two countries has quickly changed the tone of the relationship. East Timor has branded Canberra a thief, complaining that a deal on harvesting the undersea energy riches greatly favored Australia.

But after a rough patch, it looks as if the two countries could be back on an even keel -- if things go according to plan.

The trouble centers on vast oil and gas deposits in the seabed that researchers estimate will be worth billions of dollars when developed.

The 15-year-old boundary -- drawn up long before East Timor was a country -- gives the bulk of the seabed to Australia.

East Timor, whose annual budget is less than $71 million, thinks that the wealth and royalties lying at the bottom of the sea could total $20 billion in the next 30 years. The money could transform the infant country from a beggar nation -- Australia will provide $27.5 million in aid in its next budget -- into a fiscally viable country.

East Timor says Australia collects $7 in oil and gas revenues for every dollar it gives to its poor neighbor in aid.

East Timor "cannot be deprived of its rights or territory because of a crime," Prime Minister Mari Alkatiri said at a press conference in the capital of Dili in April.

On a trip to Lisbon that same month, East Timorese President Xanana Gusmao sharply attacked Australia's attitude, saying the struggle over oil and gas rights mirrored East Timor's long and bloody campaign to break free from Indonesia.

Australia negotiated the seabed deal with Indonesia in 1989, 13 years before East Timor won its independence from Jakarta, and insists that its claim is legitimate. The accord, in which Canberra recognized Indonesia's claim to East Timor, long has been viewed with resentment in Dili.

Under that deal and in line with international laws at the time, Australia's continental shelf, whose edge is marked by the so- called Timor Trough, became the boundary. In some places, the line runs as close as 9.3 miles from East Timor's coast.

East Timor wants the middle of the 62-mile-wide sea lying between the two neighbors to be the border -- which would put an estimated 90 percent of the oil and gas reserves on East Timor's side.

Australian officials have showed no enthusiasm for changing the terms of the 1989 deal. "It's an argument that Mexico, being a poor country, might try with the US to take over Texas, with rather more historic claims than East Timor has with us," Australian Foreign Minister Alexander Downer told the Australian newspaper.

East Timor gets 90 percent of the revenues from the seabed directly across from it in an area known as the Timor Gap. American energy giant ConocoPhillips and its partners have begun work there in a gas field known as Bayu-Undan. By 2007, East Timor should be receiving tens of millions of dollars in royalties.

But Dili wants to adjust other parts of the boundary line, in particular the areas west and east of the Timor Gap. East Timorese officials argue that the lines that define the two sides were unfairly drawn.

If the border is moved slightly farther to the west, then East Timor would get all of the revenues from the Laminaria oil fields, predicted to be about $225 million a year for the next few years.

If the border is adjusted a little farther east, East Timor would lay claim to much of the more lucrative Greater Sunrise field, which also is under the Australian seabed.

Australia and East Timor signed the Timor Sea Treaty in 2002, using the earlier boundary agreement with Indonesia. Under that agreement, yet to be ratified by East Timor, only 18 percent of Sunrise revenues would go to the fledgling nation.

Australian oil company Woodside Petroleum, which heads the consortium planning to develop the Sunrise field, has made it clear that it will not begin work until the revenue arrangements are settled.

Researchers say the relocation of these lines could mean a difference of $8 billion dollars in revenues for the poor country.

Australian scholars say their country's legal standing in the dispute is solid. "The fact is that the coordinates were impeccably and fairly drawn out 32 years ago. So unless Australia also believes there is a dispute, there is really no dispute about these lines," said Gillian Triggs, director of the University of Melbourne's Institute for Comparative and International Law.

A meeting earlier this month between the foreign ministers of the two countries in Canberra resulted in Australia offering billions of dollars more in extra revenue from the gas extracted from the joint development zone in return for a commitment from East Timor not to challenge the existing boundary.

Although no dollar amount has been set, East Timorese officials appeared open to the compromise. "I think we can meet halfway in the basic approach, and now we just need to work out the details," East Timorese Foreign Minister Jose Ramos Horta told reporters.

Former US diplomat Peter Galbraith, who has served as a tough negotiator for East Timor in the past, has argued that Australia should abide by the 1982 UN Convention of the Sea. That agreement states that if two states lie fewer than 400 nautical miles apart, as Australia and East Timor do, the border should be drawn halfway between them, regardless of the shape of the seabed.

Ms. Triggs disagreed. "There is no rule to say you must have a median line if the two countries do not have a common continental shelf. Geologically, Australia is on one [shelf], and East Timor is on another," she said.

But more serious than any disputed economic benefits for Australia is the problem posed by having such a desperately poor country on its doorstep, said George Quinn, the head of the South East Asian Center at Australian National University.

"By taking a hard line, Australia is in danger of creating a state that will be strategically and politically a risk and could well post security problems by becoming a base for international crime," Mr. Quinn said.

Mr. Gusmao made the same argument in Lisbon, saying East Timor is in danger of becoming a "failed state" like Haiti if Australia does not relent, causing far greater problems for all the states in the region.

But, Mr. Quinn said, "with a little cooperation from Australia, East Timor could become another Brunei -- whose entire wealth is generated from oil revenues and is now a good member of [the Association of Southeast Asian Nations]."

The next round of talks on the seabed dispute is scheduled for next month, and the two sides have said they hope to nail down a deal by the end of the year.

Mr. Downer said, "It would be good if we can have a Christmas present ... for all the people of East Timor and a slightly smaller Christmas present for the people of Australia."

Justice & reconciliation

UN expert commission to be denied access to Indonesia

Tempo Interactive - August 30, 2004

Jakarta -- Indonesian foreign affairs department spokesman Marty Natalegawa has said that the Indonesian government will not allow the United Nations Expert Commission to enter Indonesia as it would be highly inappropriate to authorize a third party institution to evaluate and monitor a legal process that still prevails in a sovereign country.

In addition, the government could not confirm the recommendations that would be given by such a commission. "It could present a previously determined conclusion to the case," Natalegawa told reporters on Friday in Jakarta.

As reported earlier, the governments of European Union countries, the USA and New Zealand expressed their disappointment over the ruling made in the case of East Timor human rights violations follwoing the 1999 ballot, which released Indonesian Military (TNI) and police officials from any charges.

The EU had stated its support for the UN Secretary-General Kofi Annan's plan to establish an expert commission into the case.

Natalegawa said that Indonesia is ready to face the possibility of pressure being brought to bear by the international community over the settlement of the East Timor case.

He added that the settlement of the case was the responsibility of Indonesia and East Timor, not the UN. Moreover, both the Indonesian and East Timorese governments have stated their refusal over Annan's plan to establish the Expert Commission.

[Faisal-Tempo News Room.]

Human rights trials

Sham trials for generals

Green Left Weekly - August 18, 2004

Jon Lamb -- On August 5, the ad hoc human rights court in Indonesia accepted an appeal, and acquitted four generals of any involvement in the killing of at least 1500 East Timorese during the 1999 terror campaign that was orchestrated by the Indonesian Armed Forces (TNI). Six days later, another prominent general was acquitted for his role in the 1984 Tanjung Priok massacre of 23 people in Jakarta.

The two decisions have been strongly condemned by Indonesian and international human rights and solidarity organisations.

Major-General Sriyanto Muntrasan -- the current head of the infamous Kopassus commando unit -- was accused of ordering soldiers to shoot into a crowd of protesters in the Tanjung Port area when he was an army captain in 1984. The incident resulted in 23 deaths, at least 50 wounded and several "disappearances" of protesters. Despite compelling evidence, he and other officers have received no convictions.

The four generals on trial in the East Timor case -- former regional military commander Major General Adam Damiri, former Dili police chief Hulman Gultom and former military chiefs Brigidier General Nuer Muis and Lieutenant Colonel Soedjarwo -- were amongst a group of 16 Indonesian military and police officers out of a total of 18 charged with human rights crimes in East Timor. None of the 16 have been convicted.

On only two East Timorese have the charges stuck -- the notorious militia leader Eurico Guterres and former East Timor Governor Abilio Soares. On August 5, however, the court halved Guterres' 10-year sentence to five years -- below the legal minimum.

An August 6 media release by the Britain-based solidarity group Tapol commented: "Although an International Commission of Inquiry on East Timor recommended in January 2000 that an international tribunal for East Timor should be set up, the UN controversially opted instead to give Indonesia the chance to bring the alleged perpetrators to justice under its own legal system.

"That process has quite clearly failed ... Indonesia has shown that it is unwilling and unable to establish the truth of what happened in East Timor -- especially as regards the role of its security forces -- and to hold the perpetrators to account for their crimes." Asmara Nababan, a former member of Indonesia's National Commission on Human Rights (Komnas HAM), stated: "These decisions confirm the view that the tribunal is unfair, and it appears that this impunity will as a result be perpetuated in other human rights cases." Brian Adams, the director of the Asia division of Human Rights Watch, remarked that "the decisions show that courts in Indonesia are simply not independent and are incapable of rendering justice for the atrocities committed in East Timor". John Miller, spokesperson for the US-based East Timor Action Network, commented that "These acquittals shouldn't surprise anyone. Now that Indonesia's judicial farce is in its final act, the United Nations must step in and create an international tribunal with the resources and clout to credibly prosecute the masterminds of the terror in East Timor." Most of the generals involved in the TNI terror campaign in East Timor have been promoted or maintain prominent positions in the military. Damiri, for example, has been given responsibility for overseeing the 15-month military siege in Aceh, where there has been the same pattern of indiscriminate killing and torture as there was under his command in East Timor. Other generals that operated in East Timor have been linked to serious human rights abuses in West Papua.

In response to the decision, East Timorese foreign affairs minister Jose Ramos Horta has repeated the call for supporters of East Timor not to campaign for an international war crimes tribunal, on the basis that such a tribunal could have a destabilising influence on Indonesia and affect East Timor.

His preference is for a type of truth and reconciliation commission, such as was held in post-apartheid South Africa. In an article in the August 13 Sydney Morning Herald, prominent West Papuan human rights advocate Jacob Rumbiak commented that: "I understand East Timor's political circumstances and the need for good relations with Indonesia ... but bringing justice to the East Timorese would have created a very positive precedent. Without that our own human rights campaign seems hopeless." A letter co-signed by 106 East Timorese individuals and representatives of human rights and non-government organisations on July 20 called on the United Nations General Secretary to support some sort of tribunal: "We, the East Timorese people, argued that it is the United Nations' responsibility to examine and evaluate the court processes that have taken place in both countries. The United Nations should seek any other mechanisms and/or alternatives to bring to justice those perpetrators of crimes against humanity, where there is evidence that the process was unjust." The US State Department has also responded with a strong criticism of the decision regarding the East Timor trials. Anxious to resume military co-operation with Indonesia, it wants some kind of due process or convictions in order to be able to so with a minimum of protest. The Australian and British governments have made no comment.

Government tries to prevent establishment of UN commission

Tempo Interactive - August 16, 2004

Denpasar -- The East Timorese government has stated its commitment to prevent the establishment of an UN Expert Commission, aimed at investigating human rights violations in East Timor following the 1999 ballot.

"We prefer focusing on a better relationship between Indonesia and East Timor. The current situation is far more important than what happened in the past," said East Timorese foreign minister Ramos Horta after a meeting with Indonesian foreign minister Hassan Wirajuda in Denpasar, Bali, on Sunday (15/08).

Horta admitted that the case of human rights violations in East Timor following the 1999 ballot had disturbed the relationship between Indonesia and East Timor. However, the East Timorese government considers Indonesia as a country that is in a transitional process towards democracy.

"We are really impressed with the holding of the general election in Indonesia. It comes as an excellent example of democracy for the international community," Horta stated.

He declined to comment on the ruling made by the Central Jakarta District Court, which released several Indonesian Military (TNI) high-rank officers in East Timor human rights violation cases.

Horta once again stated his government's intention to prioritize the future relationship between both countries.

Indonesian foreign minister Hassan Wirajuda said that the Indonesian government believed in the commitment made by the East Timorese' government as regards human rights violations in East Timor.

Such a commitment, he added, had been indicated and shown in the policies of the East Timorese government.

Wirajuda said that the Indonesian government had a similar commitment as East Timor regarding the establishment of an UN Expert Commission.

"We share the same view that the bilateral relationship should not be burdened by the past. The most important thing for us is to maintain our relationship," he stated.

Wirajuda and Horta also agreed that the handling of human rights violation cases in East Timor following the 1999 ballot had been maximal.

Therefore, they did not think that any foreign parties' intervention would be necessary regarding this.

In addition to discussing the plan to establish an UN Expert Commission, Horta and Wirajuda also discussed the settlement of Indonesia's and East Timor's borders.

Wirajuda said that at the end of June 2004, 90 percent of all matters related to land borders between both countries had been settled.

The two countries will only have to discuss the matters on sea borders on Batek Island and other maritime borders.

Wirajuda and Horta said they hoped that by October, all matters related to Indonesia's and East Timor's borders would have been settled. (Rofiqi Hasan-Koran Tempo)

US rights groups seek UN intervention in Timor abuse cases

Agence France Presse - August 11, 2004

US-based rights groups called for a UN inquiry to bring to justice Indonesian security officers let off the hook for atrocities during East Timor's 1999 violence-marred independence vote.

An Indonesian appeals court had overturned the convictions of four high-ranking Indonesian security officials and halved the 10-year sentence of a notorious pro-Jakarta militiaman who oversaw the murder and torture of independence supporters.

"The decisions show that courts in Indonesia are simply not independent and are incapable of rendering justice for the atrocities committed in East Timor," said Brad Adams, executive director of Human Rights Watch's Asia Division.

All four security officials had been earlier found guilty of crimes against humanity by the ad hoc Human Rights Court in Jakarta, which Indonesia created in an attempt to shield itself from calls for an international tribunal.

"Indonesia has given the international community no choice but to initiate a justice mechanism for these appalling crimes, which took place in full view of the world in 1999," Adams said.

He said the United Nations should take steps to create a judicial process that would bring to justice those responsible for these crimes.

The support of the United States, Japan, Australia, and European Union countries was essential in this effort, he said.

In a recent letter to UN Secretary-General Kofi Annan, Human Rights Watch and other human rights groups urged the world body to immediately establish a Commission of Experts "to resolve the impunity gap created by the Indonesian ad hoc Court in Jakarta." The East Timor Action Network (ETAN), which had been calling for an international tribunal to prosecute crimes against humanity in East Timor since 1975, also sought the intervention of the United Nations in the case.

"Now that Indonesia's judicial farce is in its final act, the United Nations must step in and create an international tribunal with the resources and clout to credibly prosecute the masterminds of the terror in East Timor," ETAN spokesman John Miller said Friday.

He urged the US administration and Congress to strengthen restrictions on assistance to the Indonesian military "until there is meaningful justice." East Timor, which won full autonomy in 2002, has downplayed the importance of the trials, insisting that forging good ties with Indonesia is a greater priority.

Indonesia invaded East Timor in December 1975, shortly after Dili declared independence from centuries of Portuguese colonial rule.

East Timor urges end to push for UN tribunal

Reuters - August 9, 2004

Dan Eaton, Jakarta -- East Timor urged its friends on Monday not to push for a U.N tribunal for Indonesian forces accused of abuses during its bloody 1999 vote for independence, saying such a court would not help the fledgling state. The move comes after an Indonesian appeals court overturned the convictions of three top soldiers and a policeman found guilty of crimes against humanity, meaning all of the security forces implicated in the bloodshed have walked free.

Foreign Minister Jose Ramos-Horta said his tiny nation was heavily dependent on political stability in neighbouring Indonesia and a UN court trying Indonesian soldiers could spark a backlash and even be a setback for the war on terror.

"The government of East Timor does not contemplate lobbying for an international tribunal to try the crimes of 1999 because we know this would undermine the existing relations between the two countries," Ramos-Horta told Reuters by telephone from Dili.

"We know it could be manipulated by certain elements in Indonesia itself and create a backlash against the United Nations and the international community, even against the government of the day in Indonesia," he said.

New York-based Human Rights Watch over the weekend issued a statement calling on the United Nations to create a judicial process for the abuses surrounding East Timor's independence. "The support of the United States, Japan, Australia and the European Union countries will be essential in this effort," it said.

Indonesia is in the middle of a lengthy presidential election with an ex-army general locked in a tight race with incumbent Megawati Sukarnoputri. The world's most populous Muslim nation is a US ally in the war on terror.

Ramos-Horta said Dili would prefer to see an international truth and reconciliation commission rather than a court. Dili set up its own commission in 2002.

"At least it would give some comfort to the victims that truth is acknowledged by the international community," he said. "We are certainly touched by the concern and the care of these NGOs, members of the US Congress and others that are demanding justice through an international tribunal," he said.

Timor's predicament

"They must also understand the enormous difficulties and predicament that Timor is in. That in this current climate of the fight against international terrorism, and the need to avoid further exacerbating the tensions that exist in Indonesia itself, the Timorese side would prefer not to push for an international tribunal."

Local militia gangs backed by elements in the Indonesian military are blamed for much of the carnage in 1999, during which the United Nations estimates some 1,000 people were killed and thousands more were forced to flee.

"The East Timorese side is now just awaiting a reaction from the [UN] Secretary General to look at alternative means short of an international tribunal to address the issue of justice," Ramos- Horta said.

The latest decision by Indonesia's human rights appeals court was made last month and was not announced to the public. The news leaked out in newspaper reports on Friday last week.

The four acquitted men -- a major-general, two lieutenant- colonels and a police commissioner -- were convicted by the human rights court in 2002 and 2003.

The court, which Indonesia set up in an attempt to ward off calls for an international tribunal, has tried 18 people and acquitted all but two civilians of Timorese origin, drawing widespread criticism from some countries and human rights groups.

The court also halved the 10-year sentence handed to militia leader Eurico Guterres.

Indonesia invaded East Timor in December 1975, shortly after Portugal withdrew from its former colonial outpost.

US 'dismayed' over court decision on East Timor

Voice of America - August 9, 2004

David Gollust, State Department -- The United States Monday expressed dismay over an Indonesian appeals court ruling overturning convictions of security officials for crimes against humanity in the 1999 violence in East Timor. The State Department called the Indonesian legal process "seriously flawed."

US officials have been monitoring Indonesian court cases stemming from the 1999 East Timor violence with concern, and they are criticizing in strong terms the appeals court decision that overturned the convictions of four senior security officials, and cut in half the prison term of another figure in the violence.

The appeals court decisions, made two weeks ago but only revealed publicly last Friday, reversed the convictions of three senior army officers who were posted in East Timor along with that of the former police chief of the regional capital, Dili.

All had been convicted of crimes against humanity in the East Timor violence in which local paramilitary forces, backed by elements of the Indonesian military, killed at least a thousand people and displaced hundreds of thousands in a campaign against local independence efforts.

The appeals court also reduced, from 10 years to five, the prison sentence of the most prominent paramilitary chieftain.

State Department Deputy Spokesman Adam Ereli made clear US disappointment over the appeals court ruling:

"We are dismayed by this decision, and we are profoundly disappointed with the performance and record of the Indonesian ad hoc tribunal," he said.

"In our view, as a result of this appeals decision, only two of the 18 defendants have been convicted, and both individuals are ethnic-Timorese, and both received sentences below the 10-year minimum set by law. We think the overall process was seriously flawed and lacked credibility."

Mr. Ereli said the United States is consulting with the governments concerned, implicitly those of Indonesia and East Timor, and with international organizations on how to insure what he termed "a credible level of justice" for the 1999 abuses.

The paramilitaries had tried to derail a UN-supervised election for East Timorese independence, which went ahead despite the violence and led to the territory becoming an independent state in 2002. Much of the country's infrastructure was destroyed in the fighting and a third of its population of about 800,000 were forced into camps in West Timor.

Indonesia established the tribunal, under international pressure, to try those responsible for the destruction, but its work has been widely criticized by diplomats and human rights groups.

The New York-based group Human Rights Watch said the appeals court decision shows that Indonesian courts are simply not independent and are incapable of rendering justice for what it termed the "atrocities" committed in East Timor.

Human Rights Watch, along with some Indonesian rights advocates, called on the United Nations to establish an international tribunal.

However, East Timor's Foreign Minister Jose Ramos-Horta was quoted as saying Monday that such a tribunal would not help the fledgling government in Dili, and that East Timorese officials would not lobby for it.

Mr. Ramos-Horta told the Reuters news agency a UN tribunal might be politically destabilizing, and that his government would prefer to see an international truth and reconciliation commission set up to examine the 1999 events.

Army officers cleared of East Timor crimes

The Guardian - August 7, 2004

John Aglionby, Jakarta -- A UN prosecutor and human rights groups called for international action yesterday after an Indonesian appeal court quashed the four outstanding convictions of members of the country's security forces prosecuted for their alleged involvement in violence in East Timor in 1999.

An international commission of experts appointed by the UN should assess the judicial processes in Jakarta and East Timor to bring the alleged perpetrators to justice, the human rights groups said.

It is estimated about 1,500 people were killed, 250,000 forcibly moved into Indonesian West Timor and almost all the territory's infrastructure destroyed during a UN-organised referendum in which the East Timorese voted to end Indonesia's 24-year occupation. The court's decision, made last month but confirmed yesterday, means of the 18 people indicted for crimes against humanity, only two, both East Timorese civilians, have had their convictions upheld.

Indonesian prosecutors could appeal to the supreme court but they are not expected to do so.

The serious crimes unit in East Timor, funded and staffed by the UN, has indicted 373 people. About 280 of these are at large in Indonesia including General Wiranto, the military chief at the time.

More than 50 members of the militias Jakarta created to disrupt the referendum and several East Timorese members of the Indonesian security forces have been convicted and jailed in East Timor.

Nicholas Koumjian, a UN-appointed prosecutor for serious crimes in East Timor, said Indonesia had failed to demonstrate its commitment to uphold human rights and the rule of law.

"The international community should now act to make sure impunity is not allowed to continue," he told the Guardian. "It should take a look at what happened and judge the process both in East Timor and Indonesia."

Amnesty International and Tapol, a campaign group for victims of alleged Indonesian oppression, said the UN should provide "meaningful justice for the victims".

Amnesty told the Guardian: "The trials and appeals in Indonesia have been flawed from the very start. The UN must ensure that its commitment to bring the perpetrators of human rights abuses to justice is fulfiled. Amnesty calls on the UN secretary general to set up an international commission of experts."

Paul Barber of Tapol called the decision a "travesty". "The UN, which has ultimate responsibility for justice must now evaluate the steps taken and consider alternative judicial mechanisms, including the establishment of an international tribunal for East Timor," he said.

Diplomats say an international commission, which is thought to have the support of Kofi Annan, the UN secretary general, is unlikely to be established, if at all, before Indonesia swears in its first directly elected president in late October.

East Timor's government is opposed to an international tribunal. In the interests of good neighbourly relations, it prefers to focus on reconciliation.

The four officers who have had their convictions overturned include the regional military commander at the time, Major General Adam Damiri. He has since played an important role in Jakarta's 15-month offensive against separatists in Aceh, northern Sumatra. Another officer, Colonel Noer Muis, is teaching an ethics course at the army's staff college.

Colonel Yani Basuki, a military spokesman, said the armed forces had not interfered in the judgment. "We respect the rule of law and let the judicial process take its course," he said. "Of course we think this was the correct verdict."

The judges also halved the 10-year sentence given to a militia leader Eurico Guterres. He and the former civilian governor, Abilio Soares, are the two East Timorese whose convictions were upheld.

The price of freedom

Violence erupted in 1999, with Indonesian troops and militias blamed for deaths of approximately 1,500 civilians, forcing 250,000 people into Indonesian West Timor and destroying much of the region's infrastructure after East Timorese voted for independence
Eighteen people indicted by Indonesia's tribunal into the violence.
The most senior officer was Major General Adam Damiri. The defence minister, General Wiranto, and his immediate subordinates escaped prosecution.
About half the indicted members of the security forces were convicted. All were freed on appeal. The two civilians who were tried, both East Timorese, were convicted
Almost 400 people indicted by East Timor's UN-run tribunal. More than 50 were convicted, of whom about 280 are at large in Indonesia. An arrest warrant was issued for Gen Wiranto in May. Jakarta says it has done its utmost to deliver justice for the victims and the accused

Rights group call for foreign tribunal after acquittals

Associated Press - August 7, 2004

Jakarta -- Foreign rights groups Saturday demanded the establishment of an international tribunal to punish Indonesian security officers implicated in the 1999 violence in East Timor after an appeals court overturned four earlier convictions.

Friday's acquittals sparked criticism over the failure of Indonesia's human rights court to punish any police or military officers for the bloodshed in East Timor when it voted to break free from 24 years of Jakarta rule.

The tribunal has now acquitted 16 police and military officers. Only two people -- both ethnic East Timorese civilians -- have been found guilty.

"Indonesia has given the international community no choice but to initiate a justice mechanism for these appalling crimes, which took place in full view of the world in 1999."

At least 1,500 people were killed in East Timor by rampaging Indonesian troops and their militia proxies in attacks before and after the UN-backed independence vote. The vengeful rampage ended only when international peacekeepers arrived.

Jakarta established the human rights court amid intense pressure to punish those responsible for the violence. Friday's acquittals led to fresh calls for a UN tribunal akin to those for Rwanda and the former Yugoslavia.

"More than four years after this sham court was established, the question remains: When will the international community act?" said John Miller, from The East Timor Action Network. "Real pressure and real trials are the only ways to end impunity."

But with international attention now focused on the war on terror and the wars in Iraq and Afghanistan, the setting up of a UN tribunal is unlikely to be a top priority for the international community.

East Timor itself has not aggressively pushed for those responsible for the violence to be tried, saying that maintaining good ties with Indonesia is more important.

The United States has criticized the Jakarta trials, but it too needs to stay on good terms with Indonesia, which it sees as a key partner in the war on terrorism.

US rights groups seek UN intervention in Timor cases

Agence France Presse - August 7, 2004

New York -- US-based rights groups called for a UN inquiry to bring to justice Indonesian security officers let off the hook for atrocities during East Timor's 1999 violence-marred independence vote.

"Indonesia has given the international community no choice but to initiate a justice mechanism for these appalling crimes, which took place in full view of the world in 1999," Adams said.

He said the United Nations should take steps to create a judicial process that would bring to justice those responsible for these crimes. The support of the United States, Japan, Australia, and European Union countries was essential in this effort, he said.

The East Timor Action Network (ETAN), which had been calling for an international tribunal to prosecute crimes against humanity in East Timor since 1975, also sought the intervention of the United Nations in the case.

He urged the US administration and Congress to strengthen restrictions on assistance to the Indonesian military "until there is meaningful justice."

East Timor, which won full autonomy in 2002, has downplayed the importance of the trials, insisting that forging good ties with Indonesia is a greater priority.

Indonesia invaded East Timor in December 1975, shortly after Dili declared independence from centuries of Portuguese colonial rule.

Just two punished for Timor atrocities

Australian Financial Review - August 7, 2004

Andrew Burrell, Jakarta -- The only four Indonesians found guilty of the wave of killings and destruction in East Timor in 1999 have all had their convictions and jail terms overturned by a Jakarta appeals court.

The High Court verdict almost certainly means that no Indonesian will ever be punished for the East Timor atrocities that shocked the world five years ago.

It also confirms suspicions that Indonesia's senior military personnel remain largely immune from being punished for gross human rights abuses.

The Indonesian army-backed militia violence against East Timorese independence supporters killed about 1500 people and destroyed much of the territory's infrastructure. It also prompted an international outcry that resulted in Australia leading a peacekeeping force to the then Indonesian province.

Of the 18 original defendants who appeared before a Jakarta ad hoc human rights tribunal, just six were found guilty of abuses in East Timor, sparking claims the tribunal was a sham.

The High Court has now quashed the convictions and jail terms of four of those six men in a decision handed down on July 29 but made public on Friday.

Three of them are active military officers: the former military commander in East Timor, Major-General Adam Damiri, his then deputy Noer Muis, and the former Dili district commander Soedjarwo.

The fourth Indonesian to be acquitted, Hulman Gultom, was the head of the Dili police at the time. All of the security officers had remained free pending the outcome of their appeals. No charges were brought against the former Indonesian military commander Wiranto, who has been indicted for war crimes by a United Nations-backed tribunal based in Dili but who is unlikely to face trial.

The only two men whose convictions will stand are ethnic East Timorese: former governor Abilio Soares and the notorious militia commander Eurico Gutteres. However, the High Court has reduced Gutteres' jail sentence from 10 years to five years.

A judge hearing the case, Basoeki, told Koran Tempo newspaper that Gutteres' sentence had been halved because he had already suffered by being forced to leave his East Timor homeland.

A spokesman for the Attorney-General's Office, Kemas Yahya, said on Friday that his office had not received the court's verdict and would decide later whether to launch an appeal to the Supreme Court.

The head of the Indonesian Legal Aid Foundation, Hendardi, said the verdict confirmed his assumption that "this has been a fabricated legal process" from the beginning.

He blamed a lack of international pressure for the fact that only two men had been found guilty.

"When the international community is not paying attention to this issue, they will come up with this kind of decision," he said. Indonesia set up the special court to head off the establishment of a powerful UN war crimes tribunal similar to those established in Rwanda and Bosnia, which also suffered human rights atrocities.

Jakarta closes book on Timor atrocities

Sydney Morning Herald - August 7, 2004

Matthew Moore, Jakarta -- Three Indonesian soldiers and a police officer have won their appeals against convictions for gross human rights abuses in East Timor, in a decision that means all Indonesian security force personnel have now been cleared of the violence that resulted in the deaths of about 1600 people.

In the decision last month, made public yesterday, the notorious former East Timorese militia leader Eurico Guterres also had his 10-year jail sentence halved because the judges said the sentence was too severe.

The successful appeals by five of those originally convicted by an Indonesian human rights tribunal means the country's courts have upheld convictions of only two -- both born in East Timor -- of those charged over the bloodshed surrounding East Timor's vote for independence in 1999.

East Timor's former governor Abilio Soares recently became the only person to be jailed in Indonesia for the crimes when he began serving a three-year term.

This latest decision makes it more likely that Guterres, the other person facing a sentence, could join Soares, although he remains free while deciding on another appeal. The overturned convictions were those against Major-General Adam Damiri (three years), Lieutenant-Colonel Noer Muis, (five years) Lieutenant- Colonel Sujarwo (five years) and the former Dili police commander Hulman Goltom (three years).

It is unlikely that prosecutors will appeal against this decision, particularly in the case of Damiri, the most senior officer tried.

The general was indicted in July 2002 for crimes against humanity specifically in relation to massacres in Liquica (April 6, 1999), at Isaac Leandro's and Manuel Carrascalao's homes (April 17, 1999), at the Dili diocese office (September 5, 1999), at the resident of Bishop Carlos Belo and the Suai church (September 6, 1999).

At the conclusion of the case against Damiri last year the prosecutor urged the court to acquit him because of lack of evidence.

Critics have accused Indonesia of failing to find and punish those responsible for the bloodshed and destruction before and after East Timor's independence vote.

Tiago Sarmento, the deputy director of the Dili-based Judicial System Monitoring Program, called the decision "just one more example of how the Jakarta process has failed the Timorese people". He urged the United Nations to create a commission of experts to "ensure this mockery of international criminal law does not go unchecked".

Human rights bodies and several Western governments have already labelled Indonesia's prosecutions as a sham.

Indonesia was forced to set up its ad hoc tribunal under international pressure, but prosecutors only charged 18 people, and from the outset their cases were criticised as extremely weak.

The latest decision was read in open court late last month but its details only emerged yesterday after the senior judge told a newspaper the original convictions had been overturned because there was no proof.

A UN- backed team in East Timor has also conducted a series of prosecutions. Several senior Indonesian officers have been indicted, including the military commander at the time, the former general and recent presidential candidate Wiranto.

Court voids four convictions in 1999 East Timor strife

New York Times - August 6, 2004

Evelyn Rusli, Jakarta -- An Indonesian appeals court has overturned the convictions of three army officers and one policeman for crimes against humanity during violence in 1999 over East Timor's independence that left some 1,500 people dead.

The court has also reduced to 5 years from 10 years the prison sentence of Eurico Guterres, who led paramilitary gangs recruited by the Indonesian Army to suppress East Timor's independence movement. Mr. Guterres was convicted in 2002 but had been free pending the outcome of the appeal, as had the army and police officers.

The decisions, delivered two weeks ago but released only on Friday, may mark the end of legal processes against 18 people in all -- 16 security officers and 2 civilians -- indicted by an Indonesian human rights tribunal on East Timor.

Prosecutors may appeal the decisions to the Supreme Court, but they made no indication on Friday whether they would. Mr. Guterres may also appeal to further shorten his term.

In all, four sentences have been overturned and one reduced. Twelve others were were acquitted. Only one person -- East Timor's former governor, Abmlio Josi Soares -- is serving a prison sentence, a three-year term that started last month.

The massacres that occurred in 1999 have been well documented by human rights groups and official investigators in both Indonesia and East Timor. Many more suspects have been identified than tried.

The Indonesian military organized, supplied and commanded Timorese militias to try to derail a vote on independence, which was conducted by the United Nations. But 80 percent of voters chose to break from the 24 years of Indonesian rule, and the militias went on a campaign of death and destruction.

Most of East Timor's buildings were destroyed; some 250,000 people -- out of a population of 800,000 -- were forced into militia-controlled camps in the Indonesian territory of West Timor.

Under international pressure, Indonesia established a tribunal to try those responsible, but Western diplomats have said the Indonesian government did not seem to take it very seriously.

On Friday, the Indonesian military applauded the appeals court's decision. Col. Ahmad Yani Basuki, a military spokesman, said, "We believe the process was handled professionally."

But the criticism was immediate. Hendardi, one of Indonesia's leading human rights advocates, called the verdicts "theater," and said the United Nations should establish an independent tribunal.

John M. Miller, a spokesman for the East Timor Action Network, a New York-based advocacy group, said the "whole process has been a farce."

Sam Zarifi, the deputy director of the Asian Department for Human Rights Watch, said: "For the enormity of everything that happened in East Timor, it's just a tragedy that it seems like that there will be no accountability for any of the people responsible."

Mr. Zarifi said the overturned convictions in particular had profound ramifications. "Because all the Indonesians are acquitted and only the convictions of the two ethnic East Timorese stand, Indonesia can perpetuate the fiction that the violence was only East Timorese against East Timorese," Mr. Zarifi said. He took the United Nations to task, saying the tribunal "was created under United Nations Security Council auspices, but now the UN has let this whole process fall apart."

Steven L. Pike, a United States State Department spokesman, said the United States was "dismayed" by the appeals court decision and "profoundly disappointed" with the Indonesian process over all.

"With this appeals decision, the court has convicted only 2 of 18 defendants," he said. "Both individuals convicted are ethnic Timorese civilians and received sentences below the 10-year minimum set by law.

We believe the overall process was seriously flawed and lacked credibility."

Among those whose convictions were overturned was Maj. Gen. Adam Damiri, the highest-ranking military official to face trial for crimes against humanity in East Timor.

He had been convicted of failing to control subordinates in a September 1999 case in which at least 15 people were killed in a diocesan headquarters in the capital, Dili.

Brig. Gen. M. Noer Muis, an East Timor military commander, had been convicted in the killings of at least a dozen Catholics in the city of Suai. Lt. Col. Sujarwo, the Dili military commander, was convicted in the attack on the diocesan headquarters.

The former Dili police chief, Col. Hulman Goeltom, was convicted in an attack on the home of a prominent family that sheltered refugees in which at least 12 people were killed in April 1999. Mr. Guterres was also convicted in that case.

For all but Mr. Guterres, the initial sentences were less than half the 10-year minimum prescribed by the tribunal's statutes.

Several countries concerned about Timor trials

Antara - August 25, 2004

New York -- A number of countries have expressed concern about the trial of gross human rights violations in East Timor carried out in Indonesia and in East Timor by the Serious Crime Unit of the UN Mission for Support in East Timor (UNMISET).

"The process toward justice has gone wrong," Dirk Jan van den Berg of the Netherlands who represented the European Union at a UN Security Council session on UNMISET's performance here Tuesday.

Among the countries that had expressed the dissatisfaction about the trails were the Netherlands, Portugal, France, New Zealand, and the United States.

The decision made by the Serious Crime unit could not yet bring defendants in the case to jail, van den Berg said.

He said, many people involved in the post-ballot human rights abuses in East Timor in 1999 still enjoyed freedom outside the newly independent country. The issue had been an urgent agenda for UNMISET to settle before it end its task in East Timor in May 2005, he added.

The European Union also expressed concern on the Jakarta ad hoc court's verdicts on the abuses , van den Berg said. "The European Union expresses hope for the court to be conducted according to international standards," he said. However, he believed the Indonesian government could make maximum efforts to uphold the credibility of its legal process.

Meanwhile, the US representative, Stuart Holliday, emphasized the need of training personnel of the judicial office in East Timor thus they could fulfill the requirements for the implementation of judicative function.

Holliday expressed concern on limitation of judicial organs in East Timor and the "impair" ad hoc court process in Indonesia.

The United States opined that it would be necessary to establish an international commission on truth regarding to the issue. Other countries in the session has focused on the need of support for the new country to be fully independent.

Earlier on Monday, the UN Secretary General Kofi Annan expressed dissatisfaction on the result of Indonesia's ad hoc court for human rights abuse in East Timor, and called UN members to insist that people suspected of being involved in the post ballot riots must not go free without any trial.

Riots broke out in East Timor after a majority of its people chose to separate from Indonesia in a UN sponsored ballot in AUgust 1999. Some 1,000 to 2,000 civilians were killed in the months before and the days after the ballot, and some 500,000 others fled to seek refuge.

The ad hoc court in Jakarta have tried 12 people, 10 of whom were acquitted. Of the 10, 9 were Indonesian military and police personnel.

The court has convicted two people, both East Timorese, including former East Timor Governor Abilio Soares.

Meanwhile, the UNMISET' special court has passed 58 verdicts, 55 of which were guilty verdicts and the other three were acquittals.

Annan dissatisfied with Indonesia's ad-hoc court

Antara - August 24, 2004

New York -- United Nations (UN) Secretary General Kofi Annan has expressed dissatisfaction over the result of the trials conducted by Indonesia's ad-hoc court for human rights violations in East Timor.

"Many people allegedly involved in the case are living abroad and have yet to be brought to court," Annan said in his report before the UN Security Council in relation with the UN Mission of Support in East Timor (UNMISET) here on Monday.

He called on UN members to insist that people suspected of being involved in the riots that erupted in East Timor following the August 1999 ballot, which resulted in the territory's separation from Indonesia, must not go scot-free without any trial.

Based on data from the UNMISET's serious crimes unit, 279 people allegedly involved in human rights violations following the ballot, are still in East Timor.

The UNMISET's special court has passed 58 verdicts, 55 of which were guilty verdicts and the other 3 were acquittals.

Riots broke out in East Timor after a majority of its people chose to separate from Indonesia in a UN-sponsored ballot. Some 1,000 to 2,000 civilians lost their lives in the months before and the days after the ballot, and some 500,000 people fled to seek refuge.

Annan has proposed the establishment of a UN expert commission to assess the ad-hoc court in Indonesia. Indonesian authorities however rejected the idea.

To date, only 12 people have been tried by the ad-hoc court in Jakarta, 10 of whom were acquitted. Of the 10, 9 were Indonesian military and police personnel.

The court has convicted only two people, both East Timorese -- including former East Timor Governor Abilio Soares.

Indonesia has no comment on Annan's report on Timor case

Antara - August 24, 2004

Jakarta -- The Indonesian government has no comment to make on UN Secretary General Kofi Annan's report to the UN Security Council in which he expressed dissapointment about the outcome of Indonesian court trials of human right violations in East Timor in 1999, a spokesman said. .

Foreign Affairs Minister Hassan Wirajuda, said here on Tuesday night he understood there were some parts in the report indicating that a number of countries were disappointmed about the results of the Indonesian human right trials. But according Hassan there was no need to worry about the UN Secretary General's report because Annan himself did not mention measures to be taken to follow up his disappointment.

"He only mentioned the fact that there was disappointment about the case [in Indonesia] but he said nothing about what actions the UN needed to take nor about forming an experts comission," the minister said.

Hassan pointed out the Indonesian and Timor Leste governments had agreed they prefered to take reconciliation measures in solving the human rights violations in East Timor in 1999.

At the UN headquarters in New York, Annan earlier praised Indonesia-East Timor cooperation in discussing the two countries' borders , saying the discussions were nearing a conclusion.

In his report on the UN Mission for East Timor (UNMISET)'s role on Monday, the UN secretary general said the talks on the Indonesia-East Timor borders were expected to be finalized in a few weeks' time.

Minister Hassan, meanwhile, said recently the Indonesian and Timor Leste governments had agreed not to discuss what happened in the past between the two countries and therefore holding an international tribunal on 1999 human rights violations in East Timor was irrelevant.

"The justice approach will harm the spirit of reconciliation, open up wounds of the past and that will hurt," the minister said here on Saturday when asked about the agenda of a meeting he is to have with his Timor Leste counterpart, Ramos Horta, in Bali on Sunday afternoon.

Speaking to reporters during a break in a football match between the foreign ministry's team and foreign diplomats at the Borobudur hotel, Hassan said ,"opening wounds of the past will harm bilateral relations." Indonesia and Timor Leste preferred the reconciliatory approach over the holding of a human rights tribunal or the UN secretary general's idea to form an experts' comission, he said.

"We prefer to cultivate good bilateral relations as neighbours and orient ourselves to the future, not the past," he said.

The proposed formation of the UN commission of experts came to the surface as New Zealand planned to urge the UN to form an international tribunal to settle the human rights violations in East Timor.

New Zealand made this plan after it became disappointed over the Indonesian court's rulings of acquitting certain Indonesian police and military officers accused of committing the abuses.

A similar disappointment had also been aired by the United States, but the relevant Indonesian government authorities thought that there was no need to give a serious response to the countries' disappointment. Indonesia believed that court decisions must be respected.

Eighteen people, including military and police high-ranking officers, stood trial at a special court handling East Timor cases in Indonesia, but only two civilian figures had been convicted, namely former East Timor Governor Abilio Soares and integration leader Eurico Guterres.

News & issues

One dead, seven missing after gangs clash in East Timor

Associated Press - August 16, 2004

Four martial arts gangs, armed with machetes and swords, fought pitched battles in the streets of East Timor over the weekend, leaving a police commander dead and dozens of houses burned to the ground, police said Monday.

The violence started late Friday in Ainaro, about 130 kilometers north of the capital, Dili, and spread to another village before fighting largely ended Monday, said Ainaro Police Commander Rarquimino Ramos. Ramos said a police commander was killed by unidentified men outside his home in Ainaro and that seven others, including three gang members, were missing. Fifty-three homes were also burned down. Clashes spread on Saturday to Baucau, about 128 kilometers east of Dili.

"Martial arts groups have been fighting one another for a long time," Ramos said. "The government needs to pass laws that regulate these groups because they are always stirring up trouble. People are scared the fighting will start again."

It was unclear what sparked the fighting, but Ramos said it was likely due to long-standing rivalries. Police have sent reinforcements to the villages and arrested more than 50 people, he said.

The fighting does not appear to be connected to pro-Indonesian militia groups, which along with the Indonesian military were blamed for killing 1,500 people and destroying much of the half- island before and after voters approved an independence referendum in 1999. The country became independent in May 2002.

There are dozens of martial arts groups in East Timor, who combine elements of kung fu, karate and taekwondo. Groups typically face off in sanctioned competitions but in recent months have increasingly fought pitched battles sparked by petty insults or personal grudges.

In June, four people including a 70-year-old man were killed when two martial arts groups clashed in the village of Urahu.

Dili hero vanishes after clash with police

Melbourne Age - August 7, 2004

Jill Jolliffe, Dili -- "I saw seven police firing their pistols at L-7, a volley of bullets directed at his legs. It would be surprising if he hadn't been hit."

This is how bodyguard Oan Kiak describes his last glimpse of Cornelio Gama, the charismatic former guerilla known as L-7, who has been missing since violent clashes between police and demonstrators in Dili on July 20.

Family and supporters fear Mr Gama may be in hiding, wounded. "We want answers," his niece Alice Gama said. "If he's dead, we want them to return the body, the Government and police must tell us if he's alive or dead."

Whatever has happened, the issue threatens more conflict between war veterans and the increasingly authoritarian East Timor Government. The bravery of L-7, a colourful figure who boasts magical powers, was legendary during the country's 24-year fight against the Indonesian army.

Foreign Minister Jose Ramos Horta, a childhood friend of the missing hero, has worked frantically this week to find him, without success.

The July 20 demonstration was called by the newly formed National Union of Resistance Staff and Veterans. It claims veterans are excluded from power in post-independent Timor, and is demanding a cabinet reshuffle, including dismissal of unpopular Interior Minister Rogerio Lobato.

Police were criticised soon after the rally for beatings and excessive use of tear gas, but Oan Kiak's claim that they also used pistols, including against L-7, has startled human rights observers.

UN mission head Sukehiro Hasegawa said Prime Minister Mari Alkatiri had assured him no guns had been used. The Prime Minister had explained that he did not allow officers to carry guns and that tear gas was used so that crowds could be dispersed without hurting anybody.

Mr Kiak was one of five bodyguards protecting L-7 but became separated from the others after being overcome by tear gas. "They fired simultaneously at him from about 100 metres, then ran up and dragged him out of the car, beating him over the head with truncheons," he said.

Two other demonstrators, one with what he says is a bullet wound in a leg, said police fired simultaneously, laying one arm over the other to steady their aim.

First Lady calls on Alkatiri to respond to L-7

Radio Australia - August 6, 2004

East Timor's first lady, Kirsty Sword Gusmao has called on the Alkatiri government to listen to the needs and demands of rebel Cornelio Gama or L-7. The disgruntled war veteran recently lead a demonstration in Dili in which 26 people were arrested after riot police fired tear gas to break up the protest

Presenter/Interviewer: Claudette Werden

Speakers: Kirsty Sword Gusmao, East Timor's first lady, wife of President Xanana Gusmao

Gusmao: "I can understand the position of those former veterans, you know they previously were very clear about who the enemy was, it was the Indonesian military. They had a role as heroes in fighting against that enemy. Nowadays who are they? You know they haven't been given any special recognition from government, they're not clear about what their role is in determining the future of their country. So I think it's very understandable that they are feeling marginalised now and disgruntled with the government and expressing that through demonstrations."

Werden: Well what do you think the government should do with people like L-7?

Gusmao: "I think it's really important that the government sit down and listen to what they're saying and really make a special effort to respond in some way, either with training or employment opportunities for these people, not just because they have the potential to disrupt stability in the future, but because they really are genuinely deserving of attention and special support."

Werden: Kirsty you said earlier in the week that East Timor shouldn't have to beg in connection with the Timor Gap treaty. What did you mean by that?

Gusmao: " Just that I think that it's not befitting a nation that fought courageously and with determination for 24 years against tremendous odds and without any external help for their independence, to now be in a position to be beggar if you like rather than prosperous in our own right as a sovereign nation."

"I feel sad seeing that scenario and I think the Timorese are an extremely proud and dignified people and I'd like to see the country be able to progress on its own terms, you know not as a fully aid-dependent nation as it is at the present time."

Werden: In your opinion what is the stumbling block? Is the Australian government being too greedy?

Gusmao: "I think it does come down to a question of greed and I don't think that the position that's been taken by the Australian negotiating side in any way reflects public sentiment in Australia, in my last three tours here of Australia I haven't met a single Australian who has said to me I don't agree with you, I think we need access to those resources."

"I think it's just so clear, Australia is one of the richest countries in the world, a recent UNDP human development report, which was published puts Australia at number three on the human development index after Norway and Sweden, and East Timor at 155. That's not to say that East Timor is basing its claim on superior need as Alexander Downer would have us believe. It is based on established principles of international law.

And East Timor is saying if Australia would allow a third party neutral arbitor to come in and to tell us that we actually don't have a claim to any more of the resources in the Timor Sea we will accept that. But of course Australia has effectively removed the umpire from the playing field by withdrawing from the jurisdiction of the International Court of Justice on this issue."

Werden: Ok if the Australian government has withdrawn from the international court, who would you recommend as the third party?

Gusmao: "Well I think it's not too late to actually restore the previous arrangement and actually invite the Court of Justice to intervene on the matter. I know that East Timor has sort of put forward the idea that perhaps another country in the region such as New Zealand might play that role. I think it'd be far preferable that it was a body such as the International Court of Justice that was playing a role in this matter, given their experience and the fact that they really represent I guess those principles of international law that I referred to earlier."

Guerilla veteran returns in triumph to Dili

Sydney Morning Herald - August 24, 2004

Jill Jolliffe, Dili -- After a month in hiding, the guerilla hero known as L-7 has made a triumphal return to the East Timorese capital and supported claims that police shot at him and other demonstrators on July 20.

"They shot at me but missed, hitting Mario Mendes," said L-7, whose real name is Cornelio Gama. Police also struck him twice with a truncheon after pulling him from a taxi as he tried to leave the veterans rights demonstration, he said.

The original allegations were made by his bodyguard, Oan Kiak, a fortnight ago but were denied by the East Timorese Government.

Mr Gama arrived in Dili on Saturday from the eastern Baucau region with about 1000 supporters to attend a meeting of disgruntled veterans chaired by President Xanana Gusmao.

The Prime Minister, Mari Alkatiri, and most of his cabinet attended, facing angry criticism from a range of veterans' organisations who are pressing for a cabinet shuffle and the dismissal of the Interior Minister, Rogerio Lobato.

On several occasions ministers were booed as Mr Gusmao struggled to cool tempers. In contrast, Mr Gama was cheered when he spoke, and much of the debate revolved around him.

Mr Gusmao had issued more than 2000 invitations to the meeting, some of them to serving members of the newly formed East Timorese Army, who publicly joined forces with jobless veterans for the first time.

An anti-Government petition signed by veterans, including army officers from the rank of major down, was distributed. It called for the restructuring of all state institutions and warned that East Timor was becoming unstable, and things would get worse if the Government did not heed the veterans' demands.

There has been no independent verification of the shooting accusations, although three other people have claimed police fired Glock pistols and teargas at the crowd. They include Mario Mendes, who has a foot wound.

Mr Gama said his bodyguard's allegations were "not a lie", and that he had been in hiding for most of the time since the demonstration because police had been searching for him.

He said that after the demonstration he "changed houses for two or three nights and then went on to Baucau".

East Timor media monitoring

August 2, 2004

Timor Post

The newspaper reports that 8,9 tonnes of meat were disposed of on Thursday for not having the necessary documents from the exporting country (does not say which country). The newspaper reports that a statement issued by the Internal Director of Timor-Leste's quarantine, Rui Daniel Carvalho, said that the disposal of chicken, pork and beef meat in Tibar, belongs to Eurest, a company catering for PKF in Timor-Leste.

Today's edition of the newspaper says that Women Organization made a recommendation to the Government of Timor-Leste, United Nations, Civil Society and the National Parliament to make the necessary amendments to the domestic violence legislation and approve it as soon as possible. She said that in Timor-Leste domestic violence is still happening without any respect for the women rights.

The Police Commissioner, Paulo de Fatima Martins, said that the National Police Force have arrested twenty members of the CPD- RDTL in suco Waibobo, Sub-District of Ossu, District of Viqueque for not allowing members of the population to participate in the census. The Commissioner said that the order was given to arrest them and they currently detained in the District of Baucau waiting to appear in court.

The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, said that the Government of Timor-Leste cannot solve all the problems in a short period of time because there have only been two years of governance since independence.

The Minister said that the Government is implementing the actions suggested by the people, and cannot solve everything at the same time, and need time for it.

Suara Timor Loroase

The newspaper reports that the Special Representative of UN Secretary-General, Sukehiro Hasegawa, said that the UNMISET feels like it is also responsible for the brutality by National Police Force members in handling protesters during July 19-20 demonstration. The paper says Mr Hasegawa admitted that the training programme provided so far to the National Police is not enough to change the mentality and attitude of the Timorese police officers to work more professionally. Mr Hasegawa reiterated that anywhere in the world police are asked to perform professionally based on the existing norms, just as it has been demanded of every member of PNTL.

The newspaper reports that four members of CPD-RDTL were taken to Dili district court on Thursday for kidnapping, Marcelio Mau, his wife Cristina Amaral Tele, and their four years old son on July 09 in Fatumea, Covalima District.

According to the newspaper, the four alleged kidnappers, Arnaldo da Cruz, Domingos Tilman, Jose Don and Daniela were behind the kidnapping as an expression of frustration for not getting official position as a result of their long contributions to Timor-Leste's freedom. The paper reports that the four alleged culprits had violated the law by supposedly restricting the residents of that area from participating in the national census.

The Special Representative of the Secretary General in Timor- Leste (SRSG), Sukehiro Hasegawa, said that the UN will implement a new training program for the National Police Force. Mr Hasegawa said that the request was made by the Prime Minister, Dr Mari Alkatiri, to make some changes to the training method given to the police force of Timor-Leste.

ABC News

The Northern Territory and Victorian governments have called for the inclusion of East Timor as an observer on Australia's Ministerial Council on Minerals and Petroleum Resources. The call comes amid fears that final negotiations over maritime boundaries between Australia and East Timor may be suspended until after the federal election. Mining ministers from every state and territory met with Federal Resources Minister Ian Macfarlane in Alice Springs today to discuss a number of issues, including Australia's relationships with countries in the region. Northern Territory Mines Minister Kon Vatskalis says strengthening ties with East Timor must be a priority. "There was a call by the Victorian counterpart, Theo Theophanous, for the East Timor minister to be called in to be an observer on the Ministerial Councils and for a fair share of the Sunrise proceeds to go to East Timor," he said. "Unfortunately the Commonwealth did not support either of those issues." Mr Macfarlane says calls to include East Timor as an observer on the Ministerial Council are a smokescreen for Labor's wider political problems. "In complete disregard of process, what we saw was Minister Theophanous from Victoria attempt to move a motion which is clearly a smokescreen to distract attention away from his Federal leader, who has created an enormous foreign policy blunder in relation to Timor and the Timor Sea negotiations," he said.

August 4, 2004

Timor Post

An independent Timorese lawyer, Aderito de Jesus, said that the nomination of a former Indonesian intelligence officer (BIN) by Jakarta, Ahmed Bey Sofwan, as the first Indonesian Ambassador to Timor-Leste, would reopen old wounds of the Timorese, who have not fully recovered from past Indonesian experience.

Mr de Jesus said that the Indonesian government needs to carefully consider the political sensitivity before appointing a person to be the Indonesian Ambassador to Timor-Leste. Mr de Jesus said that the appointment of new Indonesian Ambassador could create problems because the people are still very sensitive to the politics that had taken place in Timor-Leste, and besides which he is a former Indonesian intelligence officer.

The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, said that he has sent a message to the ex-commander of Falintil, Cornelio Gama (L7), suggesting he comes to talk. Minister Ramos Horta also said that he does not accept critics branding L7 as criminal. The Minister said that he does not agree with L7 actions just as the President and the Prime Minister do not, and the Prime Minister has been trying to talk to L7 to solve the problem APSN.

During the Open Governance at Railaco, District of Ermera, the Prime Minister, Dr Mari Alkatiri, said during the "Open Governance" gathering at that to govern in the first five years is like giving your head to be chopped off because it is not easy to start something. The Prime Minister said that apart from the daunting challenges faced by the country, what people really want to see is the nation established while others wants to destroy it. The Prime Minister said that the issue of the 'veterans' is an example where many people tend to politicize by using members of the population as their instrument for their political activities. "For instance, L7 is sitting quiet but people politicize his name to counter the government as well as L7's friends," said the Prime Minister. PM Alkatiri has also affirmed that Timor-Leste's government is open to everybody who wants democracy and development, taking into consideration that it requires peace and stability.

The Prime Minister, Dr Mari Alkatiri, said that he doubts that the number of veterans are around 3000, as registered by the government, noting that if that was the case then what took so long to end the war in Timor-Leste.

Meanwhile the Prime Minister reminded the participants of Railaco that promoting democracy does not necessarily mean to shout randomly or create violence because it would be considered a crime and the government has right to stop it just like it did in Suco Waibobo, sub-district Ossu, District of Viqueque.

The National Police Commissioner, Paulo de Fatima Martins, said on Monday that former Indonesian police officers would have packed their boots if the government of Timor-Leste gave the instruction to do so. The Police Commissioner reiterated that the position of the police force is to respect the government elected by the people, citing that today it is Fretilin, and in future perhaps another party but PNTL should always remain loyal to the government.

Suara Timor Lorosae

The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, has asked the entire population of Timor-Leste not to lose its patience with the current negotiation over the maritime boundary with Australia. The Minister said that the Government's of Australia and Timor-Leste will find a solution to the maritime boundaries problem. The Minister said that any negotiation always takes time giving the example of the dispute between the Russia Federation and Norway which been ongoing to 50 years, without any end result yet.

The Minister of Agriculture, Forestry and Fishery, Eng Estanislau da Silva, said that his Ministry will soon employ park rangers to stop people from cutting down trees without license to do so. The Minister said those who don't follow the rules will be fined, and many have been detained recently for not having the license. The Minister said that his Ministry has run information campaigns throughout the Districts but people just don't follow the rules.

The District Administrator of Baucau, Michaela Ximenes, said that women have shouted many times for equality but, as women, one needs to know first what their responsibility is. She said that before women can participate, one needs to take into consideration that the Timorese culture and their values are very high.

August 5, 2004

Timor Post

The coordinator of CPD-RDTL, Antonio Aitahan Matak, said that the National Parliament should be in charge to solve the case of the 24 members of CPD-RDTL, who were arrested in Uai-bobo and not the court because it is a political and not a criminal case. Mr Matak said that the 24 people were arrested in Uai-bobo, sub-district of Ossu, Viqueque District after they presented two symbols to the National Parliament and urged to be approved. Meanwhile the 24 members of the CPD-RDTL have been released on bail following the decision taken by Baucau District investigative judges, Agelina Saldanha.

During an Open Governance in the District of Ermera, the Prime Minister, Dr Mari Alkatiri, said that some politicians are taken advantage of peoples suffering for their political interest, without caring about peoples' needs. The Prime Minister said that many have used the TV and Radio to criticise the Government and have now turned their strategy to the base and are trying to campaign against the government.

Suara Timor Lorosae

The former Timor-Leste Governor, Abmlio Josi Ossrio Soares, has extended his gratitude to the President, Xanana Gusmco, as well as members of the National Parliament who have expressed their sympathy over his imprisonment.

According to the newspaper, a note of gratitude was delivered to its office a few days ago for publication. "As fellow Timorese, whenever and wherever we are, the issue of truth and justice should be upheld as a foundation for the future", said Soares in the note. Mr Soares also conveyed his gratitude to the East Timorese community who had expressed their sympathy to him.

Today's edition of the newspaper reports that the Coordinator General of the Ex-Combatants and Veterans of Falintil, Duarte Viana, said that the Government has not given any consideration to the veterans and ex-combatants. He said that some members of the Government do not respect the bravery of Falintil.

Mr Viana said that he's not happy with the action taken taken by the Government against Cornelio Gama (L7), and veterans that took part in the demonstration July 20.

Today's edition of the newspaper reports that corruption in Timor-Leste is not an issue that one can hide anymore, but it has become a custom amongst people and needs to be eradicated. According to the newspaper this is part of the report from the Office of the Inspector General to the Prime Minister.

The Director of an NGO LABEH (Mirror for the People) Dr Christopher Henry Samson, said during a press conference that corruption is a criminal act and people need to act according to the Constitution by taking those who are practicing corruption to court. Dr Samson said that corruption can weaken the economy and slow the development of the country. Dr Samson said that a mechanism needs to be put in place like other nations to prevent corruption from spreading.

(The newspaper headline says 51 cases of corruption reported to the Government. But the paper does not mention what type of corruption. The report also says that three cases were handed over to the Prosecutor General to follow up).

August 6, 2004

Timor Post

The Minister of Agriculture, Forestry and Fishery, Eng Estanislau da Silva, said that his Ministry has set up groups to buiold capacity in the area of agriculture for women and men. The Minister said that the agriculture training is an important thing for them to know the techniques to apply to get a good quality of products. The Minister said that some have received training in how to plant grapes, fruits and how to take care of poultry.

The District Administration of Baucau got together after the Secretary of State for Electricity and Water, Egidio de Jesus, made a suggestion that all should contribute in the clean up of the city. According to the newspaper all the public civic servants in Baucau from the Agriculture Department, Public Works, Education, EDTL and Telecom got together and decided on the day for the clean up of tree branches hanging and touching the electricity cables. The newspaper reports that the clean up started on July 29 until 5 August.

Suara Timor Lorosae

Today's edition of the newspaper carries an article written by the Director of LABEH (Mirror for the People), Dr Christopher Henry Samson, about "Good Governance and Democracy". The article says that LABEH wants Timor-Leste to be a truly democratic country in every respect where individual freedoms and responsibilities are upheld and where economic, cultural, social and political rights are protected. The policy foundation of a democratic state based on the rule of law is justice. Justice is part of our sovereignty and ideal for which our people have fought and died, it is the objective and priority that LABEH are committed to achieve. The article by Dr Samson says that UNMISET, UNDP, IMF the World Bank and the Government of Timor-Leste are now active in promoting transparency and accountability. Something that is interesting to hear, but can this commitment be carried out in good governance and democracy" How far are these institutions and the government transparent and accountable" Dr Samson questions how can we measure the use of funds donated to elevate our people from their suffering and poverty under the control of UNMISET, UNDP, IMF and the World Bank, what is the result these funds has produced" Sound governance, taken a step further, is a subset of governance wherein public resources and problems are managed efficiently and in response to the critical needs of the people.

August 9, 2004

Timor Post

The Chief of Staff for F-FDTL Colonel, Lere Anan Timor, said that the F-FDTL is not hiding Cornelio Gama (L7) as according to the rumors, and that he did not know about or was he informed by L7 about the demonstration. Colonel Lere said that until now nobody was able to give him information about L7 whereabouts.

Suara Timor Lorosae

The President of the Timorese Association of Social Democrats (ASDT), Francisco Xevier do Amaral, said that since May 20, 1974 until now this is the first time that ASDT has done a party congress. Mr Amaral said that before all the decisions were made by the Central Committee or the President. Mr Amaral said that ASDT will prepare to hold the same congress throughout the Districts in two or three months.

A Member of the National Parliament for the Christian Democratic Party (PDC), Antonio Ximenes, said that the Government and the people responsible for the electricity (EDTL) have to fix the electricity problem in the District of Baucau, because people have been in the dark for the last 8 months. Mr Ximenes said that the electricity issue had been raised many times within the National Parliament, and the Government has not taken any action to fix it.

The Vice-Administrator of the District of Viqueque, Augusto Fernandes, said that the Ministry of Justice have recently held a dialogue with the population of Uato-Lari. He said that the objective of the dialogue was to explain the judicial system and how to implement it. Mr Fernandes said that one of the topics discussed with the population was the election procedures (how to elect the Chefe Suco), how to acquire a passport and the civil registry mechanisms.

VoxPopuli (weekly newspaper)

The President of the Timorese Association of Social Democrats (ASDT), Francisco Xavier do Amaral, as doubts over the judicial system and its procedures in Timor-Leste courts. Mr Amaral said that he doesn't know why many detainees are waiting for months in Becora prison before any are sentenced, not only in Dili, but throughout the Districts. Mr Amaral said that he is very disappointed with the judicial system for not trying to solve cases as soon as possible, but instead they are dragged on for months. Many of the detainees have complained because they don't know when their case will be heard in court. Mr Amaral suspects that the government is interfering with the judicial system and that is why many cases have not yet been solved.

August 10, 2004

Timor Post

The newspaper reports that a police officer with the initials LJC appeared in court for beating up another female officer who was in the early stage of pregnancy on December 18, 2003. According to the paper the incident occurred when the two were arguing and it reached a point when the male police officer started calling his female colleague names and ended up with him slapping and kicking her.

The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, said that Oan Kiak gave a deceitful information to a journalist of the Sydney Morning Herald, Jill Jolife, about L7 being wounded by police during the protest. The Minister said that he has confirmation that L7 is in Baguia, Sub-District of Baucau in good physical condition. Dr Horta said that the National Police Force never fired upon or beat L7 during the demonstration. The Minister made an appeal to the people not to exaggerate and create rumors when giving information.

Meanwhile the Minister for Foreign Affairs said that he is dismayed by the decision taken by the Ad-hoc tribunal in Indonesia by overturning the convictions of three top soldiers and a policeman found guilty of crimes against humanity in Timor-Leste. The Minister said that the whole world knows about the crimes committed by TNI (Indonesian Army) commanded by Adam Damiri, Tono Suratman and Wiranto. The Minister said that they were directly or indirectly involved in the massacres in Timor- Leste. Instead of them being condemned the courts condemned the former governor, Abilio Osorio Soares, who was powerless.

Today's edition of the newspaper says that the Head of the Dili District Court, Antonio Helder do Carmo, said that from August 9-20 the courts in Timor-Leste will take their annual leave. The only court procedures that will take place are those handed to the Crime Judge, and that shifts have been set up for the court officials. The newspaper reports that many court officials are not turning up and following the roster shift that they agreed upon, and the Dili District Court Administrator will make a report to the Superior Magistrate about the undisciplined behavior of the courts officials. (the newspaper does not say if the court officials are judges, lawyers or prosecutors).

An Indonesian court dismissed an appeal from presidential hopeful Wiranto against the July 5 election results, ending the ex- general's bid for the country's top job. Former military chief Wiranto appealed to the constitutional court last week, arguing that he lost more than 5,4 million votes due to irregularities in the first round of Indonesia's first direct presidential elections.

Suara Timor Lorosae

A day after their release by Baucau District prosecutor, 21 out of 24 members of CPD-RDTL were rearrested. According to the newspaper the 21 suspects were brought back to the court for a second hearing process on Friday at Dili District Court. According to PNTL Deputy Commander Inspector, Ismael Babo, the second arrest was carried out with the proper documents unlike the first detention where police did not have an arrest warrant. The 21 arrested have been accused of provocative behavior and for ordering community members not to participate in the upcoming chefe de suco (chief of villages) elections.

Meanwhile the public defender for the 21 accused members of CPD- RDTL said that although the second capture was done more appropriatly than the first one, the way police handled the case still violated the rights of the accused.

During a graduation ceremony for the new police cadets the Minister for Interior, Rogerio Tiago Lobato, said that as an institution that works closely with the community the Police need to portray a good image, and cannot behave like it was during the Indonesian times. The Minister said that as police officers you cannot use the pistol to threaten people or use violence.

Today's edition of the newspaper reports that four hectares of rice fields in the District of Covalima, Suai, has been destroyed by mice. The community are desperate for a solution from the Ministry of Agriculture to help them get rid of the mice. The newspaper reports that the community has reported that by night thousands of mice are running amuck in their rice field destroying everything.

Antara

The former commander of the militia Aitarak, Eurico Guterres, told a crowd of 500 people that the purpose of the recent data collection by the local government on Belu District Administration on the former Timorese refugees was not to provide further humanitarian assistance but to provide the exact numbers of Timorese living in Belu, reported the Indonesian news agency.

According to Antara, Guterres told the crowd that due to change in their status, they are no longer entitled to the same assistance as when they were refugees. He informed them that with the information gathered, would allow the local Indonesian government to start planning its empowerment program to camp community. A former refugee community leader called Francisco Soares Pereira described that during 1999-2000 the refugees in the camp had provided wrong information in order to double their food supplies and other goods. Pereira cited as an example that a family of 6 would increase the numbers to 12. According to Antara the current number of refugee living in West Timor are 7408 households and 4680 household residing in Belu.

August 11, 2004

Timor Post

Thirty-two members of the Rapid Intervention Unit (UIR) were sworn in on Monday at its headquarter in Fatuhada, Dili. According to the National Police Commissioner, Paulo de Fatima Martins, with the induction of the 32 officers, the numbers of UIR have increased to 182. According to the newspaper the Rapid Intervention Officers are stationed in Baucau and Dili, and the number of UIR personnel officers in Baucau will increase from 40 to 90.

Rogerio did not order to act against the demonstrators, said Horta The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, said that the Minister of Interior, Rogerio Tiago Lobato, did not order the police to act upon the demonstrators in front of the government building. The Minister said that at the time of demonstration the Minister of Interior was not in Dili. The Minister for Foreign Affairs said that the veterans papers were already submitted to the National Parliament, and the Government is also waiting for the Parliament to decide.

The coordinator for the Unidade Nacional dos Antigos Quadros e Membros da Resistencia de Timor-Leste (UNAQMERTIL), Francisco Salsinha, said during a press conference that if the Government does not find a solution to the demands by the group, they will organize a big demonstration in Dili. Mr Salsinha said that they would appeal to the population to support their demonstration against the government. (The demands from the UNAQMERTIL is to dismiss members of the national police who during Indonesian times worked as police officers and some as soldiers. This organization brand them as spies)

Today's edition of the newspaper reports that the Ministry of Agriculture has launched a new book entitled "Agriculture New Direction for a New Nation East Timor". According to the newspaper the book focuses on the direction for the development of the agriculture activities in Timor-Leste. The paper says that the National University of Timor-Leste collaborated in this book after a seminar held and organized together with the Ministry of Agriculture.

Suara Timor Lorosae

The National Police Commissioner, Paulo de Fatima Martins, said that the security situation at Atsabe, Sub-District of Ermera is back to normal following tensions between community members and the District Administrator. The Commissioner said that 8 people have been detained including 2 former members of Falintil, suspected for destruction and provocation that led to the dispute. Mr Martins said that the police force was dispatched to the Sub-District following an argument with members of the community and the Sub-District Administrator, Raimundo Gomes, about personal belongings that were taken away in 1999, but not yet returned to the claimed owners.

The Coordinator of CPD-RDTL, Antonio Aitahan Matak, said that his group is recovering from mourning following the death of one of its 28 members, who was arrested by Police. The newspaper reports that a 56 year-old member of the group passed away due to starvation and weakness when he was trying to reach his home in the suco of Nahareka, a Sub-District of Ossu, District of Viqueque.

According to the newspaper Mr Matak said that he is very disappointed with the police as the law enforcement institution for failing to return the detainees to their area after releasing them.

The National Police Force and members of F-FDTL met yesterday to discuss and review the security issue at the border region with West Timor and Dili. The newspaper reports that the Police Commissioner, Paulo de Fatima Martins, said that the meeting is held every two weeks to evaluate the security issue nationally. The Police Commissioner said that so far the security is under control and calm at all fronts.

Members of the Truth and Reconciliation Committee (CAVR), Aniceto Guterres and Olandina Caeiro, requested an extension to their mandate at the CAVR during a meeting with the President, Xanana Gusmco. According to the paper, Olandina Caeiro, said that the extension would allow CAVR to finish the translation to Portuguese. (CAVR reports directly to the President).

The District Administrator of Baucau, Olivio Freitas, said that the company that won the tender contract is working full steam ahead to repair the generator that has been broken since January. He said that he was promised by the contractors that people will have electricity back in their homes before the end of this month.

August 12, 2004

Timor Post

According to the newspaper the Public Defender who's handling the illegal detention of 24 members of CPD-RDTL, Pedro Aparicio, accused the police and the prosecutor for negligence that led to the death of Jose Soares.

According to the report Jose Soares, also a member of CPD-RDTL passed away following the release of the group after being arrested by PNTL in Uai-Bobo suco sub-district of Viqueque, on July 28, 2004. Aparicio, who previously handled the case, argued that the prosecutor and the police have the obligation and responsibility to return the suspects safely back to their hometown. He explained further that the police and the prosecutor did not meet their obligation in returning those people to their family and to clarify the court's decision to the family member(s). Meanwhile the National Police Commissioner, Paulo de Fatima Martins, said that he had not received a report regarding the death of Jose Soares, a member of CPD-RDTL but had already requested more information from Baucau police.

The newspaper reports that a ceremony was held at PNTL police academy on Tuesday to award certificates to 15 PNTL officers who have completed 7 days of training on 'basic rifle use'. According to the report, the PNTL and F-FDTL officers conducted the training together. It started on August 2 and concluded on August 9, 2004.

The newspaper reports that the Ministry of Education and Care International have set up a training course for primary school teachers from 13 Districts on how to teach children through the use of the LAFAEK magazine. The training consisted of social behavior, politics and culture that is published in the LAFAEK magazine.

According to the newspaper LAFAEK has 16 pages which soon will increase to 32 pages. CARE International is responsible for the publication and the stories are supported by the Ministry of Education, the World Bank, UNO Institution and UNICEF.

The Minister for Foreign Affairs and Cooperation, Dr Ramos Horta, said that in all democratic nations before any demonstration that takes place, the police need to be informed. The Minister made an appeal to the Timorese society to inform the National Police before staging any protest in order for the police to give them protection and security. The Minister said that anyone has the right to demonstrate but the police need to be informed otherwise it would considered an illegal demonstration without proper authorization.

Suara Timor Lorosae

The National Police Commissioner, Paulo de Fatima Martins, said that is not a duty for the police to provide transport back home for released prisoners. The Commissioner said that the role of the police is to investigate, arrest and present the culprit to the prosecutor.

August 13, 2004

Timor Post

A Member of the National Parliament for the Democratic Party (PD), Rui Menezes, said that the decentralization system used by the Government is not working, and thus is making the government weak. He said that for this reason the districts are not functioning well due to lack of initiatives. Mr Menezes said that there are no programs for the development of the districts and the District Administrator is always waiting for central governments guidance.

The special Representative of the Secretary General of the United Nations (SRSG), Dr Sukehiro Hasegawa, said that the National Memorial for the heroes who died for the liberation of the country will go ahead, and will be erected in Metinaro. Dr Hasegawa said that the project will start on August 20, 2004, and will be finished on November 28.

The Vice-Minister of Health, Luis Lobato, said that the national and international NGOs working on health need to take into consideration the work that is being carried out by the health centers at the national level.

He said that it is important to establish a coordination mechanism before any consultation is given to the people in the districts. Mr Lobato said that the Ministry of Health' doors are always open for the NGOs that are participating in the development of the country in the area of health.

Suara Timor Lorosae

The Minister of Justice, Domingos Maria Sarmento, said after signing a Memorandum of Understanding with the Ministry of Education, UNICEF, World Vision and Don Bosco Salesian Congregation that the establishment of a juvenile detention center would provide a separate space for the underage currently serving in Bekora Prison. The Minister also said that the center would also focus on different types of education for those troubled children who would be serving their time in the center. The Minister said that that he had made the request earlier for a juvenile detention center to the aid agencies.

Is not a problem to use Portuguese or Tetum in courts, says Carmo The Director of the Dili District Court, Antonio Helder Viana do Carmo, said that there is not a problem to use the Portuguese or Tetun language in the Courts, but so far there is no judicial dictionary written in Tetun. He said that he has used the Tetun language, without any difficulties, but the difficulty for them is how to implement the legal terms or words in courts when we don' have them in Tetun.

August 31, 2004

Timor Post

The Prime Minister, Dr Mari Alkatiri, said that he is not a dictator like Soeharto regime was, because he has nothing to hide nor does he do whatever he wants to do like Soeharto used to do. The Prime Minister said that as a Prime Minister he abides by the constitution of the RDTL. The Prime Minister said that there is no one above the law in the country and people should stop thinking that they can do whatever they please and not obey the law.

The President of Timor-Leste, Xanana Gusmco, said that he believes that relation between Timor-Leste and the Republic of Indonesia will continue to strengthen.

The President said that the people of both countries should also contribute to this and help reconstruct the future of both countries.

The President, Xanana Gusmco, said that some sector of the society people have said that the recent dialogue about veterans issue at the gymnasium was like popular justice. The President said that people might be creating these rumours because they don't know the difference between democracy and popular justice.

Suara Timor Lorosae

The F-FDTL Commander Brigadier General, Taur Matan Ruak, said that the youth martial arts groups are behaving like militias by setting houses on fire. The brigadier General said that before militias were accused of setting houses on fire, and now the youth are behaving exactly like the militias. The Brigadier General said that youth need to know that what they are doing is wrong when they burn people's homes causing more suffering to people with hardly anything.

[Compiled by Jose Filipe External Affairs World Bank, Dili Office.]