Timor Gap

All East Timor seeks is a fair go

Melbourne Age - November 3, 2004

Mari Alkatiri -- The talks in Dili last week between the governments of East Timor and Australia were aimed at finding a way to resolve our overlapping maritime boundary claims in the Timor Sea, which in turn would create the environment for the Greater Sunrise oil and gas field to be developed.

There is political will on our side to achieve a just settlement that allows development to proceed. During these exploratory sessions, we put a number of possible means of resource sharing on the table for discussion.

Unfortunately, we were told categorically that none of these could be contemplated. We were talking about East Timorese participation in the development of the disputed resources. The Australians, unfortunately, only wanted to talk about money.

The stakes are high for both nations, but it is fair to say these talks were of vital importance to a country that after 24 years of brutal occupation has no industry and most of whose people are desperately poor and live a semi-subsistence lifestyle.

Greater Sunrise is much closer to East Timor than to Australia, but we stand to gain only 18 per cent of the "upstream" royalty and tax revenue, and nothing from the "downstream" revenues, in particular the onshore processing should the gas be piped to Darwin.

Under the interim arrangements negotiated for the Bayu-Undan field, we receive a much fairer 90 per cent of the revenue from oil and gas from the field, but we get nothing from the onshore processing. A 500-kilometre pipeline and an LNG plant in Darwin are being built.

As ABC TV's Four Corners said earlier this year, Darwin is booming as a result of the thousands of jobs created by the plant's construction phase, and the Northern Territory's march towards statehood is being propelled by Timor Sea gas.

Processing the Greater Sunrise gas in Darwin would lead to an even more lopsided distribution of benefits. One Australian Government estimate put the economic benefit to the Darwin region of about 100,000 people at $22 billion.

In last week's talks, we were willing to defer our right to the delimitation of a maritime boundary -- which is inextricably part of our right to self-determination -- and opt for a solution that addresses Australia's concerns and delivers justice, fairness and economic development for our people.

This solution could be based on resource sharing along similar lines to the Timor Sea Treaty, rather than a permanent boundary. This was a major concession on our part, because under a permanent boundary we might treble the revenue that we are projected to earn under the interim Timor Sea Treaty.

In seeking this solution, we are not simply looking for the Australian Government to write a cheque or to hand out quasi-aid for an extended period. We want an outcome that underpins our national development.

One element of a fair settlement that should be given full consideration is to pipe the Greater Sunrise gas the much shorter distance to a processing plant on East Timor's shores. Woodside estimates the distance to East Timor at 150 kilometres, compared with 500 kilometres to Australia, and technology is no longer an impediment.

We asked the Sunrise partners to study this option in detail earlier this year. In so doing we were exercising the regulatory power that is enshrined in the Timor Sea Treaty. The Australian Government, in seeking to find a solution, is able to exercise the same power.

An East Timor pipeline and LNG plant have been on the table since the meeting between our foreign ministers on August 11 that focused on "resource sharing" to resolve the dispute. Such an outcome would mean much more than more revenue. It would mean that in resolving the Timor Sea dispute we would be finding a fair means of sharing the upstream revenue as well as the downstream benefits, including processing.

The dispute would be resolved in a way that spearheads the economic development of this new nation. The construction phase alone would help to create thousands of jobs, plus new businesses.

It is perfectly reasonable for the government of one of the world's poorest nations to seek an outcome that directly tackles its great need for economic development. Darwin already has one LNG plant to process gas from the Timor Sea, which is why one fair outcome would be to put the second LNG plant in East Timor.

I also believe it is imperative that a Timorese entity be allowed to participate in the exploration and exploitation of present and future resources.

East Timor remains willing to find a solution to our maritime boundary claims that accommodates the Australian concerns, but we cannot accept a solution that jeopardises our sovereign rights over resources.

Although we are disappointed with the outcome of last week's talks, East Timor remains willing to reach a solution to the Timor Sea dispute. East Timor and Australia are neighbours. We cannot stop negotiating.

[Mari Alkatiri is the Prime Minister of East Timor.]

Canberra wants more realistic Timor Sea terms

Dow Jones Newswire - November 11, 2004

Veronica Brooks, Canberra -- East Timor's government must return to the negotiating table with more realistic expectations if a protracted maritime boundary dispute between Australia and the impoverished nation is to be resolved, Industry and Resources Minister Ian Macfarlane said Thursday.

Macfarlane also told Dow Jones Newswires in an interview that he isn't confident the development of the Greater Sunrise gas field in the Timor Sea will go ahead, given it is unlikely a deal over how to share revenue from the US$5 billion natural gas project will be struck between Canberra and Dili by a December target date.

East Timor's Prime Minister, Mari Alkatiri, has also said the December deadline looks unachievable after a third round of negotiations last month ended without an accord on the project which straddles a disputed maritime border.

Woodside Petroleum Ltd. (WPL.AU) has a 33.4% stake in the Sunrise field, which is regarded as the biggest prize in the Timor Sea. Its partners in Sunrise are ConocoPhillips (COP) with 30%, Royal Dutch/Shell Group (RD) with 26.6%, and Japan's Osaka Gas Co. (9532.TO) with 10%.

The Sunrise group is investigating three development options that consist of hauling gas to a liquefied natural gas plant in Darwin, a floating LNG plant at the field, or piping gas to an LNG plant in East Timor.

Woodside wants to take one of those options into a detailed design phase by the end of 2004, aiming to begin producing LNG by 2010. But it has said the project will stall unless it has an assurance about royalty payments by the end of this year, while the partners still need to secure a foundation customer.

Gas from Sunrise has often been touted as a supply source for the California market, with Woodside also keen on sales to the US West Coast from the giant North West Shelf which it operates.

"I'm quite pessimistic about the development of Sunrise at the moment and my feel is that the clock is ticking away," Macfarlane said, adding he's unsure when talks might resume.

"We said from the start this needed to be finalized by Christmas. That wasn't for any other reason other than the fact that we need to get ... the [Sunrise] gas fired up and going in terms of satisfying market windows," he said.

Macfarlane said he had spoken with Woodside Chief Executive Don Voelte and the company's Chief Operating Officer Keith Spence in the past week and the tone wasn't upbeat.

"Their view is the same as ours, that is they can't proceed with the project under current arrangements and obviously in terms of the project proceeding, they'll need to see some agreement between Australia and East Timor," he said.

"At this stage, that doesn't seem likely in the timeframe they need, so we're all sitting and waiting to see if the Timorese will reconsider. But at this stage, there's no indication of that," said Macfarlane.

East Timor wants a maritime border midway between the two countries, which it argues would provide Dili with an extra US$12 billion in total revenue. Australia, however, wants the border it shared when Indonesia occupied East Timor, which followed the Australian continental shelf that at some points is only 150 kilometers from the East Timorese coast. That border puts the bulk of natural resources under Australia's control.

Last month's negotiations in Dili were aimed at achieving a solution to the dispute over resources, without setting a permanent maritime boundary.

"We were disappointed. We made what we thought was an extraordinarily generous offer and the Timorese have decided not to negotiate on that offer or even, it seems to us, give it serious consideration," said Macfarlane, with divulging any of the details.

"The ball is now very squarely in the Timorese government's court. If they want Sunrise to proceed, then it's really up to them to show that they have a reasonable expectation in this process. We really need to see an indication from them that they want to move forward," the minister said.

Macfarlane warned that East Timor must understand Woodside and its partners could well abandon the Sunrise development and turn their attention to other projects.

"As is always the case with resources developments, if you miss a window then companies just simply go somewhere else and put their billions [of dollars] into a new project and then you have to wait for the cycle to come back to you," he said.

"I think sometimes the Timorese don't fully appreciate just how many options companies like Shell and Woodside and all the other major resources companies have in terms of where they could take their development if they don't develop Sunrise," the minister added.

Australia asks UN to recognize continental shelf jurisdiction

Associated Press - November 15, 2004

Canberra -- Australia staked its claim Tuesday to its vast undersea continental shelf, asking the United Nations to grant it rights to minerals and other resources under a tract equivalent to almost half the country's land mass.

The claim came as Australia and East Timor continue negotiations over the maritime boundary that divides them, with ownership of billions of dollars worth of undersea oil and gas reserves at stake.

The government said it was claiming an area covering 3.4 million square kilometers -- potentially the world's largest such entitlement.

Under a 1983 UN convention, a coastal nation can claim the resources of its continental shelf outside its 200-nautical-mile exclusive economic zone provided there is geographical or geological continuity of the seabed.

"It is in Australia's interests to gain legal certainty on the outer limits of these areas, which give Australia exclusive rights to explore, exploit and conserve the natural resources of the relevant seabed areas," the government said in a statement.

Canberra says the request to the United Nations has nothing to do with its negotiations with East Timor.

Dili disputes Canberra's claim to the Timor Sea bed to the end of Australia's continental shelf which comes closer to the East Timor coast than Australia. Dili argues the border should run midway between the two countries.

In 2002, Australia withdrew from the international tribunal governing the Law of the Sea, so that the court could not finally decide the dispute.

"We've always argued that our territory is based on the continental shelf so this doesn't change anything in terms of the Timor Sea," a spokesman for Foreign Minister Alexander Downer said on usual condition of anonymity. "The East Timor negotiations are ongoing."

Don Rothwell, director of the Sydney Center for International and Global Law, agreed that the submission likely would have little if any impact on the Timor Sea border dispute because of East Timor's overlapping claim to its own continental shelf of at least 200 nautical miles.

The Australian submission to the United Nations will be examined by an international body of experts, the Commission on the Limits of the Continental Shelf, starting early next year.

Downer's spokesman said Australia's withdrawal from the tribunal in 2002 would have no impact on this process.

The terms of the UN Convention on the Law of the Sea required Australia to make the submission by November 16, 2004, the 10th anniversary of its entry into force for Australia. Australia's submission is the third on the commission's books following similar applications from the Russia and Brazil.

East Timor's ambassador in Canberra was not immediately available for comment on the plan.

Woodside pulls out of US$5.2 billion Timor Sea gas project

Financial Times (UK) - November 17, 2004

Lachlan Colquhoun in Sydney and Shawn Donnan in Jakarta -- Woodside Petroleum, Australia's biggest oil and gas producer, said on Wednesday it would halt its investment in the A$6.6bn (US$5.2bn) Sunrise project in the Timor Sea following the breakdown of talks between Australia and East Timor over how to split the revenues.

David Maxwell, Woodside's director of gas, told investors in Sydney that the liquefied natural gas project "was likely to stall". Income from the project is seen as vital to ensuring the economic viability of the fledgling East Timorese state, which won independence from Indonesia in 1999 through a United Nations-backed referendum.

"That looks like the most likely scenario," Mr Maxwell said. "What does stall mean? It means we won't spend any more money."

Woodside, which holds a 34.4 per cent stake in the development and is slated to be its operator, had said earlier this year that if an agreement was not in place between Australia and East Timor by the end of 2004 it might be forced to mothball the project.

But Wednesday's tough remarks put additional pressure on the two countries to resume talks, which broke down last month with both sides blaming each other for the deadlock.

The Sunrise project, which would tap estimated gas reserves worth as much as A$25bn, involves the most significant resource in the Timor Sea, which lies between Australia and East Timor.

Revenues from the project are expected to eventually provide the biggest income stream for East Timor, which now ranks among the poorest countries in Asia.

Jose Teixeira, East Timor's resources and energy minister, said on Wednesday that no further talks with Australia were planned. "It was the Australian delegation that cut the talks short and said no more talks," he said. "We think quite clearly the ball is now in the Australian government's court."

Royal Dutch/Shell, which has a 34 per cent stake in Woodside, also has a 26 per cent stake in the Sunrise project, while Conoco Phillips has a 30 per cent share. The remainder is held by Osaka Gas.

The Sunrise partners have already spent A$250m on the project, and had planned to spend another A$80m next year. But that future investment is now unlikely to go ahead bar a surprise deal between Australia and East Timor.

The disagreement between the two countries hinges on a disputed maritime boundary. Canberra contends the boundary should be the continental shelf which comes within 70km of the East Timorese coast. East Timor argues the border should be drawn at the midway point between the two countries.

Talks between the two countries broke down last month after East Timor rejected an offer of up to A$3bn in extra revenues if it agreed to defer boundary talks for 100 years.

Woodside said that until the sea boundary negotiations were resolved it would concentrate on other projects, including the Browse project, which sits in Australian waters in the Timor Sea. Shares in Woodside rose 2.5 per cent to A$19.04 in Sydney on Wednesday.

East Timor laments likely shelving of gas project

Associated Press - November 18, 2004

Rod Mcguirk, Canberra -- A senior East Timorese official Thursday lamented the likely scrapping of a $5 billion natural gas project in the Timor Sea because of a deadlocked border dispute with Australia.

Woodside Petroleum Ltd., the Australian energy company responsible for the project, has said development of the massive Greater Sunrise oil and gas field -- believed the richest in the Timor Sea -- could be shelved if a revenue-sharing agreement is not struck between Australia and East Timor before the year's end.

"We lament that it hasn't been able to proceed," said East Timor's Secretary of State, Jose Teixeira, adding that he doubted a solution would be found in the next six weeks -- or that the two sides would even meet again before 2005.

East Timor wants to divide the seabed midway between its southern coast and northern Australia but Canberra insists on maintaining a maritime border closer to East Timor, as agreed in 1989 when East Timor was still a province of Indonesia.

Where the line is finally drawn will determine the countries' respective share of billions of dollars of oil and gas revenue.

Teixeira, East Timor's head negotiator in the dispute, has been critical of Australia, which continues to issue drilling licenses for disputed seabed areas. He said East Timorese Prime Minister Mari Alkatiri was keen for the project to go ahead, but only if the proceeds are divided fairly between the two countries.

Australian Resources Minister Ian Macfarlane says the maritime border is still being negotiated.

Woodside owns 33.4 percent of Sunrise. Its partners are ConocoPhillips with 30 percent, Royal Dutch/Shell Group (RD) with 26.6 percent and Japan's Osaka Gas Co. with 10 percent.

East Timor's oil: Blessing or curse?

Estafeta - Winter 2004-2005

Charles Scheiner -- East Timor hopes to use its offshore oil and gas deposits to enable the country to escape its position as the poorest nation in Asia. Managing those resources, however, will be a challenge for the inexperienced nation.

East Timor must avoid the "paradox of plenty" which has brought misery to people in oil-producing countries across the Third World.

However, given that Australia illegally claims much of East Timor's seabed resources, many East Timorese people see the issue of the oil curse as secondary to what they perceive to be an ongoing struggle for independence.

That struggle will not end until Australia respects the country's true national boundaries and allows East Timor full access to its fair share of the seabed resources.

The economic future of East Timor depends on where the Timor Sea boundary with Australia is drawn. Since the 1999 referendum, the Australia government has taken in more than one billion dollars in revenues from oil fields much closer to East Timor than to Australia. Under current international legal principles, these fields should belong to East Timor. (Larger fields, yet to be developed, are claimed by both countries.)

After two years of stalling, Australia finally sat down at the negotiating table last April, one week after one thousand East Timorese protested Canberra's "occupation" of the Timor Sea. The talks went nowhere, because Australia refused to discuss the 60 percent of East Timor's legal entitlement Australia claims on the basis of illegal agreements with the former Indonesia occupiers.

Over the next few months, grassroots pressure in East Timor, Australia and around the world grew increasingly uncomfortable for Canberra. Two months before Australia's October election, Foreign Ministers Josi Ramos-Horta and Alexander Downer suggested a "creative solution," whereby Australia would give up some revenues from disputed fields. In return, East Timor would not ask for a permanent maritime boundary until the oil and gas had been exhausted. Under pressure from the oil companies to reach an agreement by year-end, Downer said that he hoped for a "Christmas present for all the people of East Timor." Last June, ETAN demonstrated in support of East Timor at the Australian Embassy in Washington, DC.

East Timorese NGOs, insulted by Downer's "present" of a fraction of what his government had stolen from them and resenting Australia's use of their national entitlement as a campaign tool, wrote "Over the past six months, we have been disappointed to see Timor-Leste's rights used by Australian politicians for domestic political purposes. Our rights are based on international law and moral principles, not on Australian public opinion polls."

Two weeks of talks were suspended in September for the Australian election. On October 9, Australian voters re-elected their conservative government.

At the negotiations two weeks later, East Timor again asked for respect of its rights, including a possible gas pipeline to a future liquification plant in East Timor. Unfortunately, Australia has returned to its former intransigent position, and refused to discuss non-Australian development options.

A "seriously disappointed" Prime Minister Mari Alkatiri wrote "We were talking about East Timorese participation in the development of the disputed resources. The Australians, unfortunately, only wanted to talk about money. The stakes are high for both nations, but it is fair to say these talks were of vital importance to a country that after 24 years of brutal occupation has no industry and most of whose people are desperately poor and live a semi- subsistence lifestyle."

Negotiations will not resume until mid-2005, but it appears that Australia hopes to prolong its maritime occupation indefinitely. Thus, ETAN and other advocates in East Timor, Australia and around the world will continue to demand that Canberra respect the rights of its sovereign neighbor.

As talks continue, Dili has begun to receive some oil revenues. The new nation is developing policies to regulate the industry, to issue new on-shore and off-shore licenses, and to manage the income, which will soon far exceed all other government revenues.

Resource curse

In virtually every country which was not rich, economically diversified and democratic before oil money started to flow, the "resource curse" has left people worse off than in comparable countries without oil. Petroleum extraction almost invariably brings war, corruption, unsustainable economic policies, conflict, debt and/or environmental devastation.

East Timor contains all the pre-conditions for this "paradox of plenty": its population faces desperate poverty and an inexperienced government structure with no tradition of integrity or democracy. In a few years, oil and gas revenues will comprise more than half of East Timor's gross domestic product, nearly all its exports, and more than two-thirds of its government income. In a few decades, all of the oil will be gone.

East Timor, which is influenced by advisors from international financial institutions and pressured by oil companies, is writing laws to manage the petroleum industry and revenues. Although international advisers and policymakers know of the pitfalls of basing an economy on oil, their drafts are not imaginative enough to avoid the resource trap. La'o Hamutuk (a Timorese NGO), ETAN and others are bringing in broader perspectives promoting transparency, accountability, public and community consultation, environmental protection and restoration, long-term economic planning, and other lessons learned from countries which have suffered the resource curse.

Although East Timor's struggle against Indonesian military occupation was long and painful, the goals and methods were clear. The means of protecting future generations from present- day petroleum mismanagement are harder to envision, more uncertain and probably more difficult to implement.

With skill and luck, East Timor could break the pattern and become a leader in responsible oil development. However, international solidarity is essential to help the Timorese people resist pressure from the oil companies and bad advice from pro- globalization economists.

East Timor pleads for fair oil deal

Melbourne Age - November 29, 2004

Tom Noble, Dili -- East Timor's President Xanana Gusmao wants Australia to be fairer in negotiations over disputed oil and gas reserves, saying the delays are profoundly affecting the new nation's economy and it was "a matter of life and death for the state we are building".

"To provide schools, health services and basic assistance to the most vulnerable in our society, and to develop the agriculture and tourism sector, we need money," he said. "Money which is, inevitably, expected from the oil and gas exploitation in the Timor Sea."

In October, talks to find a "creative solution" to the dispute collapsed. Eight days ago, Woodside Petroleum, the lead developer of the proposed multi-billion-dollar gas project Greater Sunrise, said it would put the project on hold unless a deal could be struck by December.

Mr Gusmao said he was concerned at Woodside's plans to defer development, which would cost East Timor desperately needed royalties. "Although a delay is not what we desire, we are nevertheless prepared to face the consequences or effects of any delays. We fought 24 long years for our independence. We know how to be patient and we can persevere," he said. It was essential that East Timor negotiate permanent sea boundaries with Australia, which he said would entitle East Timor to all the areas in dispute, including Greater Sunrise.

"However, the Australian Government has refused to talk about the permanent maritime boundary and insists only on temporary agreements. We are prepared to negotiate, but this does not mean we give up our claims for a permanent maritime boundary."

In October, Australian officials blamed East Timor for the collapse of a deal that would have allowed the Greater Sunrise project to proceed. Most royalties would have gone to Australia.

Australia had offered about $4 billion extra in return for East Timor agreeing not to challenge the seabed boundaries between the two countries. The deal split the revenues from the Greater Sunrise deal 50-50, instead of 80-20 in favour of Australia, as previously agreed.

A separate deal to share royalties in a disputed part of the Timor Sea favours Dili. But East Timor wants permanent sea boundaries drawn halfway between the two countries, which would give it control of most oil and gas projects and billions of dollars in royalties and benefits in the next few decades.

Mr Gusmao said Australia's claim to a 200-nautical-mile sea boundary was not valid when countries were less than 400 nautical miles apart. "We understand that Australia has its claims, although we do not agree with the legal basis for their claim," he said. "Any solution or agreement must take into consideration the principles of international law and must be fair." He believed the delays were caused by a lack of understanding and openness.

Blackmail claims over Timor Sea

Sydney Morning Herald - November 30, 2004

Cynthia Banham -- The East Timorese Foreign Minister, Jose Ramos-Horta, has accused Australian officials of attempted blackmail during recent negotiations over the new nation's maritime boundaries.

In an address at the Lowy Institute in Sydney yesterday, he said Australia changed its negotiating position after the federal election, offering $1.5 billion less compensation than it had originally put on the table.

The Federal Government has rejected the accusations, which come as the two countries have reached a stalemate in their negotiations, putting the future of the Greater Sunrise gas field at risk.

Mr Ramos-Horta said he was "thoroughly disillusioned" with the negotiations over the carve-up of the oil- and gas-rich seabed between East Timor and Australia -- worth an estimated $42 billion -- and did not believe the countries could come to a resolution without outside mediation or a hearing in the International Court of Justice.

He said if the dispute was not resolved, it would "soil Australia's international image and would do irreparable damage to Australia-East Timor relations".

Mr Ramos-Horta's grievances centred on the conduct of the Dili round of negotiations in October, when he claimed that Doug Chester, the deputy secretary of the Department of Foreign Affairs and Trade, abruptly ended talks, telling the East Timorese they could "take or leave" Australia's offer of a $3 billion compensation payment for accepting Australia's preferred boundary. East Timor had been offered $4.5 billion previously. Mr Ramos-Horta said the official's remarks "amounted to an unacceptable blackmail".

A spokesman for the Foreign Minister, Alexander Downer, rejected the claims that Australia had changed its position, saying it had put up several "constructive solutions", but all were rejected by the East Timorese. "We say the ball is now in East Timor's court. Since they rejected our proposal they need to come up with their own," Mr Downer's spokesman said.

The imbroglio has put in jeopardy the future of Woodside Petroleum's multibillion-dollar Greater Sunrise project. The company has said that if an agreement cannot be reached, the project would stall at the end of the year. A spokesman for Woodside said yesterday that without an agreement the company would not be able to invest any more money in the project and that it would not be able to move into the next engineering and design phase.

The dispute between Australia and East Timor centres on where the boundary between the two nations should lie and how the gas revenue should be split, with Canberra rejecting Dili's assertions it should be the mid-point between the countries and refusing international arbitration on the matter.

The two countries appeared to be close to reaching an agreement in August, but talks broke down.

Mr Ramos-Horta said yesterday that Australia "knows too well that its continental shelf claims are not credible and sustainable in international law".

Dili also wants the gas in the disputed area to be processed in East Timor rather than the Northern Territory, saying it would provide an important opportunity for the long-term sustainable development of the country's economy.

Mr Downer's spokesman said Mr Ramos-Horta and the Foreign Minister would both be in South Australia later this week for the South West Pacific Dialogue and would probably resume discussions about the Timor Sea fields on Friday.

Transition & reconstruction

UN East Timor mission enters final six months

Reuters - November 16, 2004

Irwin Arieff, United Nations -- The Security Council extended the life of a UN peacekeeping mission in East Timor for a final six months on Tuesday after Secretary-General Kofi Annan argued the fledgling nation was still too fragile to stand up on its own.

A resolution adopted unanimously by the 15-nation council renewed the mission's mandate "for a final period of six months until 20 May, 2005" while instructing it "to focus increasingly on implementing its exit strategy."

East Timor became independent in May 2002 after centuries of Portuguese colonial rule, 24 years of occupation by Indonesia and 2-1/2 years of UN administration.

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

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

The UN Mission of Support in East Timor, or UNMISET, numbered 11,000 troops and civilians when first authorized in 1999 to guide the territory to nationhood. But it has dwindled to fewer than 1,000 now, including 472 troops and military observers.

Annan, in a report to the Security Council this month, said the overall security situation in East Timor had been "calm and peaceful" in recent months.

But Timorese defense forces lack needed equipment and experience while border security agencies are as yet unable to manage the borders on their own, he said.

The government has in the past feared cross-border attacks by Indonesian gangs and militias and Annan cautioned that "the possibility of exceptional circumstances" beyond the ability of East Timor's national police to handle "cannot be ruled out."

Security & boarder issues

Gusmao warns Timor still under threat of armed incursions

Kyodo News - November 26, 2004

East Timor President Xanana Gusmao warned Friday his emerging nation still faces the threat of incursions by armed militias, most likely from Indonesia's West Timor.

Speaking at a seminar on the role the United Nations in peacekeeping and peace-building, Gusmao added he harbors concerns about whether East Timor's fledgling armed and police forces could withstand a determined onslaught.

"We are looking at the future as a continuity of conflicts, of maybe guerrilla war ... We want peace in East Timor ... [not] permanent conflicts with the other side," he said.

Recalling several militia incursions from Indonesia's West Timor, which shares Timor Island with East Timor, Gusmao suggested that while there was no evidence of direct involvement by Indonesia's armed forces "we can suspect that they back the incursions."

Indonesia invaded the former Portuguese colony in 1975 and ruled East Timor as a province until being ousted via a UN-sponsored voter in 1999. Despite the clear majority voting against Indonesia, widespread violence broke out, largely caused by Indonesian Army-backed anti-independence militias. Only intervention by an Australian-led international force ended the carnage.

The United Nations Mission in East Timor, which replaced the international force, then helped the tiny country to independence in 2002.

The UNMISET seminar Friday included participation by donor- country representatives in East Timor as well as UN agencies and other international representatives to discuss security, law, justice and development.

UN Special Representative in East Timor Sukehiro Hasegawa called on the international community for continued support for East Timor. "It is essential that the international community continues to support independent East Timor in progressing steadily on the path to sustainable development, stability and advancing the quality of life of the dignified and deserving people of East Timor," Hasegawa said. UNMISET's mandate in East Timor expires in May next year.

Corruption/collusion/nepotism

Aussie in East Timor fraud

Courier Mail - November 29, 2004

Mark Dodd -- An Australian businessman working in East Timor has been found guilty by the World Bank of corruption in connection with the procurement of school equipment for the impoverished country.

A World Bank investigation into procurement contracts in East Timor found Rob Foster guilty of fraudulent practice in 2000 and ordered he be banned for three years from any involvement in government tenders. News of the ban has been welcomed by East Timorese authorities.

The World Bank named Mr Foster and three others for collusion in deciding the outcome of a $US245,000 tender for the procurement of school furniture. The tender was part of an urgent rehabilitation project to repair East Timorese schools destroyed by pro-Jakarta militias following the bloody 1999 vote for independence from Indonesia.

A World Bank statement said an internal investigation uncovered the collusion and the contract was immediately cancelled and then re-tendered to support local East Timorese carpenters. The investigation found that the named firms and individuals colluded to decide who would win contracts under the Trust Fund for East Timor to purchase 15,000 sets of chairs and desks, it said in a November 22 statement released on Thursday.

East Timor's Secretary of State for Investment Jose Teixeira said the outcome was welcomed by his Government. And he warned Mr Foster's Timorese business visa could be reviewed.

"This is a matter that comes under our immigration law. The Government of Timor Leste [East Timor] takes this very seriously," he told The Australian, adding: "It's part of our commitment to weed out bad businesses that became all too pervasive during the UNTAET [United Nations Transitional Administration in East Timor] period."

Mr Teixeira said Mr Foster had been involved in several business projects in East Timor, including a fuel distribution business, in addition to holding an executive position on the Australia- East Timor Business Council.

Justice & reconciliation

East Timor's unfinished business

BBC News - November 5, 2004

Sarah Buckley -- Five years after 1,000 people died as East Timor broke away from Indonesia, almost all those responsible for the violence are still walking free.

An Indonesian court's decision on Friday to acquit East Timor's former governor Abilio Soares means only one conviction brought by Jakarta now stands.

Yet while the international community is quick to dismiss Indonesia's justice as a whitewash, few foreign governments are prepared to back their words with actions. There is therefore a risk, analysts say, that the issue of justice over East Timor will be allowed to fade away.

Friday's court ruling came at the end of a two-year process that saw 18 people tried in Indonesia for human rights abuses in East Timor. Jakarta set up a special human rights court to try the suspects, most of whom were members of the Indonesian security forces.

Now the court has failed to secure convictions, human rights groups say the cases should be handed over to an independent commission, with international backing.

But the biggest barrier to this and other suggestions is that East Timor's government is not interested. Despite the loss of life and suffering during the 1999 violence, the country's new leaders now want a better relationship with their giant neighbour. President Xanana Gusmao, East Timor's most famous resistance fighter, is now the strongest advocate of reconciliation, taking care not to offend Indonesian sensitivities, and even publicly embracing Gen Wiranto, the head of Indonesia's military in 1999.

One reason for this turnaround is that East Timor is so dependent on Indonesia for trade. East Timor is not only the world's youngest nation, but also one of its poorest -- with one in four people living below the poverty line.

The other main factor, according to Marcelino Magno, a political analyst in East Timor, is security concerns regarding up to 15,000 Indonesian militia members and their relatives still living just across the border in Indonesian West Timor.

So although the EU, US and the UN may express concerns that justice does not appear to have been done, they are unlikely to push for something the East Timorese leadership does not want itself.

Popular anger

Peter Kessler, a spokesman for the UN's refugee body the UNHCR, said East Timor's focus was on reconciliation. "A great many people, both aid workers on the ground and Timorese, feel it is time to move forward, work on better relations," he said.

But Mr Magno said the majority of East Timorese did not support this view. They wanted to see Jakarta held accountable for the violence, and were angry at their government for not working harder. "They have criticised the president, the prime minister, and the foreign minister because of this issue," he said.

Paul Barber of UK-based Indonesian rights campaign Tapol agreed. "They are very helpless and frustrated and angry," he said.

But the wishes of East Timor's people is not the only the issue at stake. Mr Barber said that the international community had to bring the alleged perpetrators of the violence to trial regardless of the East Timorese government's position.

"The East Timor government and the Indonesian government seem to have a veto over what should happen. That is hugely problematic because we're talking about alleged crimes against humanity ... the reason the international community are meant to take responsibility for such crimes is that they're of such a grave nature," he said.

And for the people of East Timor, as long as the 1999 violence in unpunished, then however successful the government's efforts at nation building, the ghosts of the past may not be laid to rest.

Abilio acquittal 'erodes trust in rights tribunal'

Jakarta Post - November 6, 2004

Jakarta -- The acquittal of former East Timor governor Abilio Soares could further erode people's confidence in the country's commitment to justice, a senior Cabinet minister announced on Friday.

Minister of Foreign Affairs Hassan Wirayuda said that the verdict served as fresh ammunition for people to question the credibility of the courts. "I am sure the decision provides more reasons for others to question the credibility of the ad hoc human rights tribunals," Hassan said after meeting President Susilo Bambang Yudhoyono.

Abilio, the only official to be jailed for atrocities related to the United Nations-backed referendum in East Timor in 1999, was acquitted Thursday on the grounds that is was under military rule at the time of the bloodshed.

A total of 18 civilians and military and police officers were implicated in the bloody rampage, but only three civilians were sentenced to jail, including Abilio. All of the military and police defendants were acquitted.

Rights activists have called the trials a sham, held merely to avert an international rights trial for the military personnel allegedly responsible for the violence.

Criminal law experts from the University of Indonesia's school of law Rudy Satryo Mukantarjo warned that the verdict would likely "endanger Indonesia's position in the international community." "The United Nations could try the cases in the International Criminal Court (ICC), if it considers the tribunal in Indonesia substandard," he said.

Bonar Tigor Naipospos of the Solidarity Without Borders human rights group said Abilio was as guilty as the security officers, and that judges had "overlooked" abuses under Abilio before the military took over.

"For example, he was still the territory's governor during a bloody attack by militias on the house of pro-independence figure Manuel Carrascalao in April 1999," he was quoted by the Agence- France-Presse.

At least 12 people were killed when pro-Jakarta militia members attacked dozens of refugees sheltering at Carrascalao's house.

Abilio, who was serving his three-year sentence handed down by the ad hoc rights tribunal in 2002, said in his review hearing that the Indonesian Military (TNI) was responsible for crimes against humanity in East Timor in 1999.

Submitted as new evidence in the case review was, among other items, letters from East Timorese figures and president Xanana Gusmao, which state that Abilio is innocent.

Abilio also argued that the military disliked him because he once suggested that regents and local councillors should all be reserved for native East Timorese to strengthen integration. He also accused the military of a series of attempts, including a demonstration by militia leader Eurico Guterres, to topple him.

Three of the five justices accepted his arguments, while two rejected them. The two were Artidjo Alkostar, who has a master's degree in international human rights law, and former diplomat Soemaryo Suryokusumo, known also as an international law expert.

Abilio's acquittal has raised questions as to who should be held responsible for the violence that drove more than 200,000 East Timorese into West Timor and destroyed almost 80 percent of infrastructure in the former Portuguese colony in 1999.

Anger as Soares acquitted of rights abuses

Agence France Presse - November 6, 2004

The only Indonesian jailed for abuses during East Timor's violence-marred independence vote has been cleared on appeal in a move that has angered rights groups and embarrassed the Jakarta government.

Abilio Soares, the last Indonesian governor of East Timor who was jailed for three years in July, could be released Friday following a Supreme Court ruling acquitting him of crimes against humanity during the UN-backed referendum.

The court said that because East Timor was under military rule at the time of the bloodshed, the civilian governor was not responsible, spokesman Joko Upoyo told AFP.

Some 18 people were sentenced by an Indonesian tribunal to probe the violence surrounding the August 1999 vote in which at least 1,400 people died as troops and pro-Jakarta militias waged a savage intimidation campaign.

But all have now had their convictions quashed, meaning that no senior Indonesian officials, military or police have been convicted. Only Eurico Guterres, a notorious East Timor militiaman, faces jail pending an appeal.

Rights groups say the tribunal was a sham set up to deflect calls for an international probe into the carnage during which whole towns were razed to the ground as the country voted overwhelmingly to separate from Jakarta.

Last month, outgoing US ambassador Ralph Boyce said Jakarta's failure to make its soldiers accountable for abuses was a missed chance to revive military ties with Washington. US and EU condemnations said the trials were flawed.

Although the latest ruling was made independently of newly- elected President Susilo Bambang Yudhoyono, a top military officer at the time of the Timor vote, it will reflect poorly on pledges to clean up the country's judicial system.

Indonesian Foreign Minister Hassan Wirayuda said Soares' acquittal would fuel international criticism on Indonesia's efforts to prosecute East Timor human rights cases.

"I think that this decision ... will boost arguments by parties who have been doubting the credibility of the judiciary in Indonesia," Wirayuda said.

Soares, an ethnic East Timorese, has said he has been made a scapegoat for police and the military.

But Bonar Tigor Naipospos of the Solidarity Without Borders human rights group said that the former governor as guilty as the security officers, and that judges had "overlooked" abuses under Soares before the military took over.

"For example, he was still the territory's governor during a bloody attack by militias on the house of pro-independence figure Manuel Carrascalao in April 1999," he told AFP. More than 100 refugees were sheltering when the attack took place, in which 12 people including Carrascalao's son died.

Naipospos also said that judges for the other Timor rights abuse cases should view the Timor mayhem as a "collective responsibility" shared by Soares and his fellow former government officials.

"All of those cases are linked one and another and what the judges should have done was to find the ties that bind them all together," he said. 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 the half-island nation in December 1975, shortly after Dili declared independence from centuries of Portuguese colonial rule.

International tribunal could try rights abusers: Jones

Jakarta Post - November 8, 2004

M. Taufiqurrahman, Jakarta -- The acquittal of former East Timor governor Abilio Soares of human rights abuse highlights the flawed Indonesian human rights court and could prompt the international community to set up a tribunal to right the wrongs in the judicial process, analysts say.

Sidney Jones of the International Crisis Group (ICG) said the credibility of the ad hoc human rights tribunal established here in 2002 had plummeted, leaving a big question about the country's commitment to human rights protection.

"The international community who closely watched the court proceeding, keep asking the question why the process has turned so ugly," she told The Jakarta Post on Sunday.

Jones said the ad hoc tribunal was not only to blame for the rights tribunal fiasco as "the Attorney General's Office under the leadership of M.A. Rachman has drawn up a very weak prosecution against Abilio".

There were a few ad hoc judges who strove to uphold justice against those implicated in the human rights abuses, but they were powerless in the face of weak cases brought forth by the prosecutors, Jones said.

The initial faith in Indonesian authorities prompted the United Nations in 2000 to rule out the possibility of trying those implicated in the mayhem that surrounded East Timor's independence in an international court.

Jones said the Attorney General's Office under new leader Abdul Rahman Saleh could start reviewing the court proceedings that had led to Abilio's acquittal.

During an interview with the Post earlier, Jones said the United Nations could set up The Commission of Experts to review the entire judicial process both in Dili and Jakarta.

Abilio, the only official jailed for atrocities related to East Timor's breakaway from Indonesia in 1999, was acquitted by the Supreme Court last week on the grounds that the territory was under military rule at the time of the bloodshed.

A total of 18 civilians, soldiers and police officers were brought to the ad hoc rights tribunal for the bloody rampage, but only three civilians were sentenced to jail terms, including Abilio. All the military and police defendants were acquitted.

Abilio, an East Timor native, was sentenced to three year's jail in 2002 for failing to control his subordinates during an attack on a Liquisa church that left 22 civilians dead.

The United Nations is currently considering setting up a team to review what has transpired in the ad hoc rights tribunals. East Timor leaders, however, have said they would prefer to instead build good ties with their giant neighbor, rather than concentrate on the past.

Contacted separately, law expert Andi Hamzah said Law No. 26/2000 on human rights that sanctioned the ad hoc rights tribunal was flawed as it blurred the boundaries between ordinary and gross human rights violations.

"The law stipulates that gross violators of human rights must be sentenced to at least 10 years' [jail], aside from death or life sentences. However, in Abilio's case, he only got three years in jail, which means he did not commit gross human rights abuses," he told the Post. In the face of the improper application of human rights law, the Supreme Court had no choice but to acquit Abilio, Andi said.

He said the jail sentence for Abilio was based on his minor involvement in the atrocities. "Despite his minor role helping the Indonesian Military rule the strife-torn province, the prosecutors were obliged to bring him to justice. Therefore they charged him under the law on human rights which could be applied retroactively; that's the only way," he said.

He said the prosecutors' determinations had led to a weak case against Abilio. "The law setting up the human rights tribunal needs amending so that it concerns only gross violations of human rights," he said.

AGO to 'honor' Soares acquittal, review procedure

Jakarta Post - November 9, 2004

M. Taufiqurrahman, Jakarta -- Following the Supreme Court acquittal of former East Timor governor Abilio Soares from human rights violations, the prospect that other suspected abusers would be brought to justice has dimmed, as the Attorney General's Office (AGO) said on Monday it would not contest the decision.

AGO spokesman RJ Soehandojo said the office honored the Supreme Court's decision to clear Soares of all charges in the East Timor human rights case and would not challenge it, as all legal recourse had been exhausted.

"Our next step will be to review the whole judicial process to see whether the law was applied properly. However, the review will only serve an internal purpose," he told The Jakarta Post.

Soehandojo said justices and prosecutors may have interpreted the Human Rights Law differently. "The review will tell us more about how to present a strong case against human rights violators in the future," he said.

The AGO has been criticized for creating a very weak case for the prosecution against Soares and 17 other defendants in connection with the bloodshed and rampage that occurred before and after the 1999 East Timor referendum. Aside from Soares, the only other civilian tried by the ad hoc rights tribunal was militia leader Eurico Gueterres; the rest were police and military officers who have all been acquitted.

Soares, the only senior official detained in the rights cases, was acquitted last week by the Supreme Court on the grounds that the territory was under military rule at the time of the atrocities, so a civilian official could not be held responsible.

The former governor was sentenced in 2002 to three years in jail for failing to control his subordinates during an attack on a church in Liquisa regency that left 22 civilians dead.

Critics have said the weak prosecution's case left the Supreme Court no choice but to acquit Soares. The ad hoc rights tribunal was Indonesia's only hope of avoiding an international tribunal to try parties suspected of perpetrating the mayhem in which 1,000 East Timorese civilians are believed to have been killed.

Separately, Ifdhal Kasim of the Institute for Policy Research and Advocacy (Elsam) said Indonesia could still elude the possibility of an international tribunal by salvaging the remaining legal process taken against the rights abusers. For example, Gueterres is appealing his five-year sentence. "The Supreme Court justices must show resolve and reject the appeal, because what they decide has wide political implications in the outside world," said Ifdhal.

Soares and Gueterres have claimed to be scapegoats, as all police and military suspects -- mostly Indonesian nationals -- walked free. Ifdhal said although the government could not intervene in the judicial process, it could send a strong signal about its commitment to bringing human rights abusers to justice.

"A number of Scandinavian countries have proposed to United Nations secretary-general Kofi Annan that a Commission of Experts be established to review the entirety of court proceedings at the ad hoc rights tribunal," he said.

If the Commission deemed the Indonesian judiciary inadequate in its execution of the law in the East Timor rights cases, it could recommend the establishment of an international tribunal.

"With all the pressure against us, we must leave behind nationalistic sentiment that obscured the trying of rights abusers in East Timor. The case is not about the military as an institution, but about individuals who abused their authority," Ifdhal said.

Reopening East Timor cases possible, says AGO

Jakarta Post - November 10, 2004

M. Taufiqurrahman, Jakarta -- The Attorney General's Office is looking into the possibility of building new cases against the military officers widely believed to have been responsible for the atrocities that occurred before and after the East Timor referendum in 1999.

Attorney General Abdul Rahman Saleh said on Tuesday that there was still a chance that prosecutors could build new cases and name new suspects for crimes against humanity in the former Indonesian province. "I will study the cases first. However, there is a possibility that the cases will be reopened, and we will look at the relevant procedural law," he told reporters here.

Abdul Rahman was responding to a demand from two human rights groups, the Commission for Missing Persons and Victims of Violence (Kontras) and Imparsial, which called on his office to find new suspects for the human rights abuses in East Timor.

Kontras and Imparsial said in a joint statement that the acquittal of former East Timor governor Abilio Soares of human rights violations coincidentally opened up a new legal avenue for bringing those responsible for the bloodshed to justice.

"None of military officers were found guilty after all legal recourses had been exhausted and now the Supreme Court has acquitted Abilio. This means that no institution has been held accountable for the mayhem. This is not possible. Therefore, the prosecutors have to look for new suspects," Rachland Nashidik of Imparsial told a press briefing here.

Rachland said that they could name former military chief Gen. (ret) Wiranto as the prime suspect in a new case. "Wiranto was the person named as being responsible for the human rights abuses in East Timor by the National Commission on Human Rights (Komnas HAM)'s special investigation team before his name was removed from the list by then Attorney General Marzuki Darusman," he said.

He said the Komnas HAM finding and the testimony given by Soares during the human rights trials to the effect that the military was responsible for the violence in East Timor could serve as new grounds for prosecuting Wiranto.

Wiranto was the military chief and minister of defense during the mayhem in which 1,000 East Timorese civilians are believed to have been killed before and after the August 1999 UN-sponsored referendum.

Most of the violence was committed by militia groups linked to the Indonesian Military (TNI).

Wiranto was in East Timor prior to the referendum, and said he was there for the purpose of "doing everything in my power to prevent an outbreak of violence".

In recent days, Wiranto has held meetings with the President, and Coordinating Minister for Political, Legal and Security Affairs Widodo A.S., but declined to disclose what was discussed during the meetings.

Rachland said Abdul Rahman must break the cycle of impunity by initiating proceedings against Wiranto, even if that would cause problems with the President. "The new Attorney General must prove that he is better than his predecessor in dealing with human rights violations," he said.

Impunity in Indonesia

National Post (Canada) - November 10, 2004

Neither the current East Timor government nor the international community has made a particularly high priority of bringing to justice those responsible for the human rights abuses perpetrated in 1999, when East Timor broke away from Indonesia. So it should not come entirely as a surprise that Indonesia feels free to quietly allow the crimes perpetrated by its security forces to go unpunished.

While 18 people have been tried for abuses committed during East Timor's breakaway, only a single conviction stands now that an Indonesia court has acquitted former East Timor governor Abilio Soares of responsibility for violence that occurred under his watch.

Jakarta should not be allowed to slip off the hook so easily for the brutal violence it perpetrated in East Timor, where at least 1,400 people were killed by army-backed militias. While it is understandable that the government of impoverished East Timor is reluctant to antagonize Indonesia -- a key trading partner -- by protesting the dearth of convictions (it's tough to put an abstract concept like justice above a concrete need to feed a people), the rest of the world has no such excuse. Instead, it should heed human rights groups' calls for an independent body to take over and try those behind the East Timor atrocities.

This is not a question of merely ensuring that culpable individuals get their due. It is also a matter of expressing the world's outrage at an unacceptable assault on innocents. No country should be willing to tacitly accept the slaughter of civilians, nor to let the disturbingly familiar excuse that Mr. Soares was just following procedures go unchallenged.

We had hoped Indonesia's recent election of President Susilo Bambang Yudhoyono -- who ran on a platform of cleaning up political and judicial corruption -- would set the country on its way to embracing a culture in which rights are respected and justice is impartially blind. But Mr.

Soares's release indicates that, however well-intentioned the new leader may be, little has changed in Jakarta.

Soares calls for arbitration in human rights cases

Tempo Interactive - November 10, 2004

Jakarta -- The former governor of East Timor, Abilio Jose Osorio Soares requested that the gross human rights abuse cases in East Timor be determined through a Truth and Reconciliation Commission [KKR]. "All Indonesia has to do now is to arrange it so that what occurred before the ad-hoc human rights laws came into existence would be dealt with through KKR. In that case, I think KKR bodies need to be formed immediately," he said on Wednesday (10 November) in Jakarta.

[It was better to] resolve the gross human rights abuse cases in East Timor through KKR according to Abilio, because Law No 26 in 2000 on human rights is in conflict with the constitution. He considers Chapter 43, Article 1 of Law No 26 in 2000 on the principle of retroactivity as being problematic.

"So we can resolve cases that occurred before the ad-hoc human rights laws existed," he said when submitting a draft document based on that principle to the Constitutional Court.

Previously, Abilio was sentenced to three years in prison because he was proven guilty of human rights abuse in one of the East Timor cases. He was serving his sentence in LP Cipinang prison in East Jakarta. However, he was later released after his case review was granted by the Supreme Court.

[In another 10 November article by Tempo Interaktif, Abilio said "as a person who has spent time in prison, I feel I have a responsibility as there are still many people behind me who are currently being tried in the human rights court." Abilio's lawyer, OC Kaligis explained that Abilio's attendance at the trial had indicated where his interests lay. "He wants to push for the rights of his colleagues who were still being tried in the human rights court," he said.]

[From BBC World Monitoring.]

Eight ex-militiamen sentenced for crimes against humanity

Lusa - November 22, 2004

Dili -- Eight East Timorese anti-independence militiamen have been sentenced to prison terms ranging from four to eight years for crimes against humanity committed in 1999, Dili's UN- backed Serious Crimes Unit (SCU) announced Monday.

The SCU said the eight former members of the pro-Indonesia SAKUNAR militia were found guilty of committing various crimes against humanity in the East Timorese enclave of Oecusse around the time of the occupied territory's plebiscite for independence from Jakarta.

The condemnations Friday raised to 63 the number of convictions for crimes against humanity gained by the SCU, which was created by the UN and Timorese authorities in 2001.

In all, the SCU has brought charges against 391 people, most of whom are thought to be in Indonesia, outside Dili's reach.

Bali officer under war crimes cloud

The Australian - November 25, 2004

Mark Dodd, Darwin -- The chief investigator of the Bali bombings, Inspector-General Made Mangku Pastika, is himself under investigation for East Timor war crimes.

Inspector-General Pastika, who was praised by the Australian Government for the inquiry that helped bring the bombers to trial, faces war crimes charges over human rights abuses involving the crack police unit he commanded during the nation's bloody 1999 ballot for self-determination.

As one of the Indonesian commanders of the military force in East Timor in 1999, he is under investigation, an official from the UN Serious Crimes Panel told The Australian. The official declined to provide further details, except to say a formal announcement was likely to be made within days.

However, The Australian has learnt that General Pastika faces command responsibility for several incidents involving the fatal shooting of East Timorese civilians and another in which a US police officer was severely wounded outside the town of Liquica.

It is alleged the Brimob commandos he led were directly involved in the shootings and as a senior police officer, General Pastika bore ultimate responsibility for those under his command.

The prosecution would proceed on the basis he was complicit in giving orders which constituted criminal offences or he was not exercising proper supervision to prevent them, knowing it was about to happen, said Brisbane barrister Mark Plunkett, a former UN chief prosecutor in Cambodia. Mr Plunkett served in East Timor as an election observer in 1999 and witnessed numerous incidents of human rights violations.

In 1999, Indonesian security forces and their militia proxies were responsible for a campaign of murder, intimidation and destruction that devastated the tiny half-island territory.

According to the human rights group Amnesty International, more than 1400 people were killed in a systematic campaign to thwart the UN-supervised ballot.

More than 350 people have since been indicted by the UN-backed judicial panel in East Timor. However, Jakarta refuses to acknowledge its legitimacy and so far no senior Indonesian police or army commanders have been brought to justice.

The unit's ability to lodge prosecutions ends at the end of this month, meaning any charges against General Pastika -- and many others -- are unlikely to be acted upon.

General Pastika, Indonesia's 51-year-old deputy chief of the Criminal Investigations Division, rose to public prominence after the Bali nightclub bombings on October 12, 2002 that left 202 people dead, including 88 Australians.

His investigation, which involved close co-operation with the Australian Federal Police, FBI and Scotland Yard detectives, led to the arrest of 29 Islamic militants, alleged members of the Jemaah Islamiah terrorist group.

Timor still awaits justice

Estafeta - Winter 2004-2005

John M. Miller -- Although many view Indonesia's new President, retired General Susilo Bambang Yudhoyono, known as SBY, as a reformer, he has yet to take steps toward greater accountability for human rights violations by Indonesia's security forces.

SBY was armed forces (TNI) commander General Wiranto's top deputy in 1999, when Indonesian troops leveled East Timor after it voted overwhelmingly for independence. Indonesia's new president has always been a stalwart defender of the TNI against allegations of human rights violations. Earlier this year, he said, "Democracy, human rights... are all good, but they cannot become absolute goals because pursuing them as such will not be good for the country."

After taking office in October, SBY faced an initial test when Indonesia's Supreme Court extended the farce of Jakarta's ad hoc trial process by releasing from jail Abilio Soares, East Timor's last governor. Despite evidence of Soares' complicity, the Supreme Court overturned his conviction arguing that, since the territory was under military rule during the post-referendum violence, the civilian governor could not be held responsible. It did not explain why the few convictions of security officials had been overturned.

The court had earlier acquitted all of the military and police defendants among the 18 people initially charged, sentencing only civilians, including Abilio, to jail. Only former militia leader Eurico Guterres awaits the outcome of his appeal of a five-year sentence.

While SBY has yet to comment, Indonesia's foreign minister acknowledged the Abilio decision was not helpful to Indonesia's international stature. "I am sure the decision provides more reasons for others to question the credibility of the ad hoc human rights tribunals," he told reporters on November 6.

The Indonesian government clearly designed the Jakarta process to deflect international calls for justice and to avoid holding senior officials accountable for crimes committed in East Timor. Together with Indonesia's refusal to cooperate with the UN-backed serious crimes process in East Timor, where many top Indonesian officials have been indicted, ETAN, along with many NGOs in East Timor, have stepped up their calls for an international tribunal to try the officials responsible for the massive death and destruction in East Timor since Indonesia's invasion in 1975.

The snubbing by Jakarta of the UN Secretary-General's repeated calls that "impunity must not prevail" and the pending closure of the UN-backed serious crimes process in East Timor have caused a mild stir in the sleepy corridors of UN headquarters in New York.

At a November Security Council meeting on East Timor, the UN Special Representative for East Timor, Sukehiro Hasegawa, noted the inadequacies of the serious crimes process and that the UN must choose from several proposals "ranging from continuation of the current serious crimes process to establishment of an international tribunal" or an international truth commission to follow up on 1999 crimes.

The US Ambassador to the UN, John Danforth told the council that "The international community has a responsibility ... The Ad Hoc Tribunal process was seriously flawed. There must be some level of accountability for those atrocities to create a climate conducive to the development of democratic institutions in both Indonesia and East Timor."

At this writing, the Secretary-General has yet to establish the Commission of Experts to evaluate existing justice processes and recommend alternatives. The proposal, which has the backing of most countries concerned (except for Indonesia) could provide an impetus to international action. However, whether justice prevails for even the most egregious abuses of 1999, much less for those that took place in the preceding 24 years, may in the end depend on the recommendations of a small handful of experts yet to be appointed and, more importantly, international public pressure.

Eight more former militiamen jailed for 1999 violence

Agence France Presse - November 29, 2004

Eight former pro-Jakarta militiamen have been jailed in East Timor for crimes against humanity committed in the mayhem surrounding a 1999 UN-backed vote that led to the country's separation from Indonesia.

A special court Thursday convicted the eight of abducting and torturing two independence supporters in Dili in May 1999.

The convictions brought to 72 the number of people convicted in East Timor over the violence, according to a statement received on Monday from the country's serious crime unit.

Among those jailed were Alarico Mesquita and Florindo Moreira, each imprisoned for six years and eight months. Six others received sentences of between five and six years for the same crimes.

Pro-Indonesian militiamen, aided by soldiers, waged a campaign of intimidation and revenge in the months around the August 1999 poll, which saw East Timorese vote overwhelmingly to split from Indonesia. An estimated 1,000 people were killed and whole towns razed.

United Nations-funded prosecutors have indicted 369 people, including former Indonesian armed forces chief General Wiranto, but 281 of them are in Indonesia, which refuses to hand anyone over for trial.

Of 18 people sentenced by a rights tribunal set up in Jakarta to try those accused of abuses in East Timor, all have since been cleared or remain free pending appeal, prompting criticism from activists and foreign governments.

News & issues

Guterres visits Cipinang to look in on Abilio Soarez

Tempo Interactive - November 6, 2004

Agus Supriyanto, Jakarta -- Eurico Guterres, the former commander of the Pro-Integration Youth (PPI)(1), visited the Cipinang Correctional Institution to look in on former East Timorese governor Abilio Soarez, prior to the call to evening prayers on Friday November 5. "I came here as a friend and want to state that I am happy with the Supreme Court's decision which released Abilio", said Guterres when stopped by journalists at the gates of Cipinang prison.

Guterres told the journalists, who had been waiting since early morning for Soarez to emerge from the prison, that the Supreme Court's decision was correct. "Abilio is not the person who is guilty, [he] should even be given a commendation", he said. Furthermore said Guterres, what has been happening to date has only been to benefit the political interests of the head of the local government and the commander of Korem (military command at a level below the residency) who is at the moment is free from charges of committing gross human rights violations in East Timor prior to the referendum on integration or independence from Indonesia.

When asked by journalists about his opinion on Soarez's statement which said that the ones who were responsible for the riots in East Timor were the PPI, Guterres answered that if it this is true then it must be proven in court. "We live under the rule of law and must follow the legal process", explained Eurico who is currently awaiting the verdict on an appeal to the Supreme Court.

Notes:

1. Guterres was in fact head of the pro-integration militia group Aitarak during the post-referendum violence in East Timor in 1999.

[Translated by James Balowski.]

Australia accused of backing Indonesia on East Timor

Canberra Times - November 19, 2004

Have successive Australian governments been lapdogs to the Indonesian military in their assessment of the impact of East Timorese independence on the interests of Indonesia? Clinton Fernandes, a former military intelligence officer and now a historian, certainly thinks so.

In 1999 he circulated a report throughout the intelligence community alleging that the Indonesian military were controlling the Timorese militia in an effort to eliminate the independence movement, and later his home was raided by police. Undeterred, he has enlarged on that theme in his analysis of the impact of East Timorese independence upon the Australia-Indonesia relationship.

Australia's support for continuing Indonesian control of the former Portuguese colony goes back at least three decades. In 1974, Prime Minister Gough Whitlam discussed Australian policy on East Timor with Indonesian President Suharto as Portuguese control began to disintegrate, and Fretilin declared independence for the colony.

The background briefing on the meeting produced by the Department of Foreign Affairs summarised the Australian position thus: "Mr Whitlam is understood to have indicated Australia felt an independent Timor would be an unviable state and a potential threat to the stability of the area. But he is also thought to have made clear that the people of the colony should have the ultimate decision on their future." Fernandes believes that dichotomy remains, despite what has been widely hailed as a fundamental change under Howard.

After 23 years of Indonesian occupation, incoming President B.J.Habibie suddenly offered in 1998 to discuss autonomy for East Timor. John Howard wrote to him supporting that offer, but also making it clear that Australia still believed autonomy rather than independence would be the desired outcome.

He suggested a means of addressing the East Timorese desire for an act of self-determination through a mechanism adopted in New Caledonia that had effectively deferred independence for many years. "The successful implementation of an autonomy package with a built-in review mechanism would allow time to convince the East Timorese of the benefits of autonomy within the Indonesian republic," he told Habibie in his letter.

Fernandes describes assertions that Howard's letter was a support for self-determination by the East Timorese as "a revisionist distortion." "The truth," he says, "is the exact opposite. Howard was trying to contain the pressure for independence. He simply wanted to defuse the issue and postpone self-determination indefinitely."

When the East Timorese people rejected the proposal for autonomy and opted for self-determination in the 1999 ballot by a four-to-one vote there was an immediate attack on the offices of the United Nations and on the leaders of the pro-independence campaign. Fernandes describes the Australian decision to evacuate UNAMET staff, journalists and foreign observers as an act that "allowed Indonesia to act without foreign witnesses, permitting it to manoeuvre without restrictions."

"What Now?" asks his final chapter, and makes clear his belief that what he calls the Jakarta lobby in the Australian Government still supports repressive elements in Indonesia, by which he means the military as an institution. At the same time he warns that small countries like East Timor have to find new ways of assuring international support outside the traditional balance of power politics. He recommends that they develop instead "solidarity networks and other links between their people and people in the West".

That, he says, would be an important source of pressure on ruling elites in countries such as Australia, and he lists the Timor oil and gas dispute as a good opportunity for that kind of action.

That strategy leads him to the belief that working with a popular solidarity movement in Australia would advance the national interest of East Timor. He says a number of senior Indonesian political and military figures bear responsibility for war crimes against the East Timorese between 1975 and 1999 and have real- estate and other commercial interests in Australia. He sees citizen-initiated legal action in Australia against such figures as a way of providing compensation for East Timorese victims of their crimes against humanity, opening up an important new front against the Indonesian military and building valuable networks between Indonesians and Australians.

Whether such action is possible or desirable cannot be determined without further study than Fernandes has given it, but it attests to his clear reliance on people- to-people contacts between East Timor and Australia as a way of helping one of the world's poorest countries. His other big assertion, that successive Australian governments have helped the Indonesian military to crack down on the population, is also one that needs a lot more investigation before the final conclusion can be drawn.

[John Graham is a Canberra reviewer.]

International relations

Australia, East Timor relations at historic low: Horta

Radio Australia PM - November 29, 2004

Reporter: Mark Colvin

Mark Colvin: East Timor's Foreign Minister, Jose Ramos Horta, says the relationship between his country and Australia seems to be at its lowest point since the liberation in 1999.

In a speech at the Lowy Institute in Sydney he said he was deeply disillusioned with Australia's behaviour in negotiations over the oil and gas in the Timor Gap, that's the stretch of sea between Timor and Australia, and he used words like "bullying" and "blackmail" to describe Australia's actions.

Jose Ramos Horta said his last hope, because all else had failed, was an appeal to the Prime Minister John Howard whom he still regarded as a friend of East Timor. Barring that, he said he'd go to the UN General Assembly and ask for the matter to be referred to the International Court of Justice. Australia has already refused to have the matter referred to the ICJ for mediation.

All this comes after both sides felt the talks showed promise. Back in August it was expected that an agreement would be signed by Christmas. After his speech today, I asked Jose Ramos Horta what had gone wrong.

Jose Ramos Horta: What happened was that in Dili, in the last round of the talks only a few weeks ago, the Australian side basically imposed on us an ultimatum. Mr Doug Chester, the senior official from Foreign Affairs, DFAT, that led the Australian delegation, simply said take it or leave it by 5pm, 27 October.

Mark Colvin: Take what or leave it?

Jose Ramos Horta: And that is accept a permanent boundary on Australia's terms, meaning that East Timor would accept Australia claims of continental shelf as the limit of its boundary, which comes two thirds closer to our shores than a normal median line between the two countries, and Australia in turn would offer a sort of financial compensation of $3-billion over a period of 30 years -- much less than what they had offered in the previous round of talks in Darwin, which was something like US $4.3- billion.

Mark Colvin: So, what did you say to this take-it-or-leave-it offer?

Jose Ramos Horta: Of course, we cannot accept ultimatums. We cannot accept blackmail. We are poor but we have a sense of honour, of dignity, of our rights.

Mark Colvin: I believe you're also angry about an instance of what you think was bad faith in terms of Australia speaking to the press, when you thought there was an agreement not to say anything.

Jose Ramos Horta: Yes, it was Mr Doug Chester himself, who had insisted on the rule that there'll be no talks to the press. He insisted on it, our side agreed. Within minutes of him leaving the room, he was already doing the spin of his delegation's views of why things went wrong. And my prime minister was furious. He ... at the time, he immediately acted, expressed his shock, dismay at such a flagrant disregard for an agreement that had been reached just a few minutes earlier.

Mark Colvin: So, the end result of this, the upshot, is that you are thoroughly disillusioned and don't believe that the two countries will be able to reach a reasonable agreement, you said. Where are we now?

Jose Ramos Horta: Well, I'm still hopeful, confident in Prime Minister John Howard. We are forever grateful to Australia for what it has done since '99. It was Australia leadership that enabled Interfet to take place, and Prime Minister John Howard has shown to be a friend of East Timor. I hope that he takes personal leadership on this issue. We might still salvage; if not we have to part ways and fight for our rights the best we can. We will...

Mark Colvin: But where is there to go, if Australia has refused to go to the International Court of Justice and has refused independent mediation, where do you go next?

Jose Ramos Horta: Well, we have to go to the International Court of Justice, the United Nations General Assembly to request a non-binding adviser opinion on the whole issue.

Mark Colvin: So, even if Australia doesn't want to go to international mediation, you can force some sort of mediation?

Jose Ramos Horta: Yes, it cannot, Australia cannot prevent the United Nations General Assembly from requesting the International Court of Justice to provide an adviser opinion, non-binding, on the whole story of the Timor Sea.

Mark Colvin: But it's non-binding, then you could still be back in the same situation, if Australia refuses to be bound by it.

Jose Ramos Horta: Oil companies would be then reluctant to invest in the Timor Sea, so...

Mark Colvin: But that could be cutting your own throat.

Jose Ramos Horta: It's possible, it's possible, but Australia itself, Australia's interests would be undermined in the whole great fanfare about the development of the Northern Territory would be put on hold. It would not serve anyone's interests, and it would be very damaging to our relationship, it would be very damaging to Australia's international credibility, it would really weaken Australian stance regionally, it would be seen by the rest of the world as such a rich, powerful country bullying the poorest country, one of the poorest countries in the world.

Mark Colvin: Is this the lowest point in diplomatic relations between our two countries since liberation in 1999?

Jose Ramos Horta: It seems so, but obviously, you know, I'm not alarmed by it. I still have great respect and affection for Australia, respect for John Howard as Prime Minister of this country. I believe Alexander Downer is a friend, a personal friend, and I hope that we stay in talking terms in the next few days or weeks so that we find a consensus leading us to a way out of this imbroglio.

Mark Colvin: You said, "we are poor and in no hurry to become rich, we are patient and proud". Do you really mean that, or is it just diplomatic brinkmanship?

Jose Ramos Horta: Oh, I mean, it. You know, obviously if we cannot get a fair, equitable, just resolution, a deal that we can, in our conscience, explain to our people, our parliament, well we have it do without the immediate resources. We can wait a few more years. We waited 24 years before we became free and independent. So, it will be Australia that might have to leave with a bad conscience. They are the ones who have to look at the mirror every day and figure out whether what they are doing is the right thing or not.

Mark Colvin: Jose Ramos Horta speaking to me a little earlier. And we invited the Foreign Minister Alexander Downer onto the program to respond to Mr Horta's concerns, but he declined our offer. A spokesman for Mr Downer said the ball was now in East Timor's court, and that Australia would welcome any creative solution that East Timor may have. He said the Minister would discuss the issue further with Jose Ramos Horta at the South West Pacific dialogue later this week.

Local media monitoring

East Timor media monitoring November 1, 2004

East Timor News

East Timor has indicted eight Indonesian soldiers and two militiamen for allegedly killing two UN election workers and attacking independence supporters during the country's bloody break from Indonesian rule in 1999. The indictments bring to 391 the number of Indonesian military and militia members charged with human rights violations over the violence that left 1500 Timorese dead and the half-island in ruins. The indictments were filed at the Special Panel for Serious Crimes in the capital, Dili.

Prosecutors alleged Lieutenant Mohamad Roni and soldiers Joao da Costa and Domingos de Deus gunned down the two UN election workers during an independence referendum on August 30, 1999. The soldiers targeted the pair at a polling station in Atsabe, about 57 kilometres west of Dili, according to the indictment.

Prosecutors also said five members of the Indonesian army "including three district commanders" joined two militia leaders in attacks on independence supporters. The seven allegedly killed six independence supporters between early May and August 11, 1999, in Viqueque, about 160 kilometres west of the capital.

Prosecutors said the killings were aimed at convincing voters to reject independence. But the referendum passed and East Timor became a sovereign country in May 2002. De Deus remains in Dili but the other nine suspects were believed to be in Indonesia.

East Timor is demanding the Australian Government pay more than $2.6 billion in compensation for oil produced from Timor Sea fields since 1999. The country, which describes itself as the world's poorest, also wants the companies that invested in developing the Laminaria, Corallina and Buffalo oil fields to pay at least $600 million in compensation for royalties it claims that it should rightfully have been paid. The huge claim is set to further sour relations between the two countries following the collapse earlier this week of maritime boundary talks.

East Timor's Prime Minister, Mari Alkatiri, said in Perth yesterday the country had a right to be compensated because the fields were in areas over which it claimed sovereignty. "Our claim is clear because we believe that not only is Greater Sunrise within our area but that Laminaria, Corallina and Buffalo are in the area of Timorese jurisdiction," he said. "Surely, if it is ours, it is ours."

Dr Alkatiri was in Perth for a University of Western Australia geology seminar and for talks with representatives of Woodside and ConocoPhillips, the major partners in the Greater Sunrise gas project in the Timor Sea.

Woodside operates the Laminaria and Corallina fields, which earlier this decade were Australia's largest oil producers at about 140,000 barrels a day. Natural field decline has reduced production to about 40,000 barrels today. Buffalo, originally developed by BHP Petroleum and now owned by the Nexen Energy group of Calgary in Canada, is scheduled to cease production by the end of this year.

In Dili on Wednesday, talks on a maritime boundary between the two countries collapsed after East Timor rejected an offer of about $3 million to offset the smaller share of revenue it would garner from the the Greater Sunrise development under existing arrangements. Woodside says it wants the East Timorese to provide legal and fiscal certainty by the end of the year, and has warned the project will stall.

The Dili talks were rocked when East Timor insisted development of Greater Sunrise must result in the gas being piped to a liquefied natural gas plant to be built in the country. This is the least likely of three options now being considered by the Sunrise partners.

Dr Alkatiri said East Timor was committed to develop Sunrise, but would not approve development if it prejudiced the country's aims. He said East Timor would not be rushed into a decision because it did not believe the end-of-year deadline was real. "What we have been trying to do is defer consideration of the maritime boundary [but] the Australian Government is looking at money only," he said. "We are not looking at money but at sustainable development that will benefit our people." Dr Alkatiri said he did not believe the dispute would damage long- term relations between the countries.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 3, 2004

Suara Timor Lorosa'e (STL)

In order to reduce the high mortality rates of mothers and children, the Ministry of Health is undertaking a project to establish maternity centres, which are to be built in remote areas, said the Minister of Health Dr. Rui Maria de Araujo.

The Minister noted that the aim of establishig the centres is to get all the pregnant women in Sucos (Villages) and Aldeias (Sub- Villages) to be assisted by nurses and midwives during delivery.

At the same time women would also be educated by the nurses and midwives in baby caresuch as nutrition and basic hygiene, Dr. Rui said. This project has started in the district of Lospalos and should be established in other districts soon.

The paper mentioned that this project is in cooperation with local leaders to identify the number of pregnant women in certain areas.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 4, 2004

Timor Post

The Mate-Moris agricultural group in Hudi-Laran (Dili) is unhappy with the long dry season because the quantity of tomatoes has decreased when compared with the rainy season, said Miguel Borudasu, a member of the group. He noted that it has been difficult to irrigate the plants as there is a lack of water.

Mr. Abilio, a member of Mate-Moris, added that this year's production is much lower than past years because of the water shortage. He also said that the group will continue to work hard in the future although it is currently facing irrigation problems.

A dialogue was held in Covalima sub-district, the district of Suai by the Small Enterprises Project (SEP) which included five government members (the Vice-Minister of Development and Environment, Mr. Abel Ximenes, the Vice-Minister of Transportation, Telecomunication and Public Works, Mr. Cesar Moreira, the Vice-Minister of Agriculture, Forestry and Fisheries, Mr. Fransisco Benevides, the Vice-Minster of Internal Affairs, Mr. Alcino Barros and the State Secretary of Commerce and Industry, Mr. Armindo Rangel), 178 local participants and Mr. Bernard Drum, the SEP II task team leader from Washington.

In the dialogue, each member of the government explained their roles according to the government policies in the economic sector. Many of the participants asked the government to assist local business members in developing their businesses as well as helping control foreign vendors in Timor-Leste markets.

Suara Timor Lorosa'e (STL)

A meeting was held with micro-credit agencies and the President of Timor-Leste, Mr. Xanana Gusmao, on Wednesday, November 3rd to discuss how to eradicate povery in Timor-Leste, said Mr. Brigido de Sousa, manager of the Micro-Finance Institute.

The participants were Mr. Sukehiro Hasegawa, head of UNMISET, Ms. Elisabeth Huybens, country manager of the World Bank, Head of Asia Development Bank, Mr. Charles T. Andrews, representative from RESPECT Project, a STAGE Officer, a BNU representative, the manager of Micro-Finance Institute and other related organizations.

Mr. Brigido noted that in the meeting the President talked about the micro-credit loans given by the agencies to strengthen the livelihood of the population. He added that Mr. Xanana also discussed veterans issues which have been raised by communities in the districts and Dili.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 8, 2004

Suara Timor Lorosa'e (STL)

The Task Team Leader for SEP (Small Enterprises Project) II of the World Bank Washington, Mr. Bernard Drum said that the Bank will put its efforts to assisting the government and communities especially for small businesses and cooperatives.

He said this in a dialogue held in Covalima, in the district of Suai, which was attended by members of the government, small business owners and cooperative members. He also noted that it is necessary to have an adequeate budget when running a business and that the World Bank and the government will pay attention to the evolving business environment.

Timor Post

The Timor Leste President Mr. Xanana Gusmao said that opposition parties must understand the current situation of the Timor Sea talks. Mr. Gusmao said this in a open meeting held on Friday, Novermber 05 with members of political parties, civil societies and church. The president said that the meeting was to explain the situation on negotiations in the Timor Sea to clarify misunderstandings among the civil socity, opposition parties and other members of the government.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 9, 2004

Timor Post

Mr. Antonio Ximenes from the Christian Democrat Party requested the PNTL enhance security for nighttime travelers on buses from Dili to the district of Suai rather than asking for a halt to all nighttime service.

The Suai PNTL Commandant, Mr. Patricio de Jesus previously stated that all vehicles must not travel at night between Dili and Suai. Mr. Antonio noted that if vehicles are not to travel at night this will indicate that Timor-Leste is insecure and as a result, may affect the economy of the country by reducing foreign investment.

The President of the National Parliament (PN) will participate in the CPLP (Community Portuguese Speaking Countries) meeting, which will be held in Brazil on December 7, 2004. The aim of his participation will be to discuss what has not been resolved in the CPLP, such as the greater elaboration of the CPLP concept. The PN noted that this meeting should foster stronger ties between Timor-Leste and the CPLP.

Suara Timor Lorosa'e (STL)

The Responsable of the National Hospital of Guido Valadares, Mr. Sillvero Magalahaens said that the hospital (Poly clinic) has offered care to a variety of people with diverse illnesses. The main illnesses reported are diarrhea, malaria and respiratory infection. Although there are many patients seeking treatment, Mr. Magalahaens advises his staff to treat the patients with patience.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 10, 2004

Timor Post & Suara Timor Lorosa'e

Both newspapers carried press releases today quoting the Country Manager of the World Bank Timor Leste, Ms. Elisabeth Huybens, as saying the Bank has approved the Third Transition Support Program (TSP III) for Timor Leste, making an additional financial resource of US$ 25 million available for the Government's governance and poverty reduction programs.

The World Bank's contribution to the Program consists of a development grant of approximately $US 5 million provided through the International Development Association and comes amid increasingly positive signs that Timor-Leste is progressing well towards goals set in its National Development Plan. Additional funding for TSP III comes from seven bilateral donor agencies which will provide further funding of around $US25 million.

TSP III focuses on three priority areas identified by the Government: good governance, service delivery for poverty reduction, particularly education and health, and job creation, especially through private sector development and infrastructure improvements

Endorsing the TSP III, Ms Huybens said: "Timor-Leste has made big strides in nation building since Independence. Recently, there have been major improvements in the development of a viable electricity sector as well as good progress towards building a solid regulatory environment around the petroleum sector and the management of its revenue. Further, last week, the Council of Ministers adopted the primary school curriculum; the Organic Law for the Office of the Prosecutor General; and the decree-law regulating long-term leases for state property. '

She also said that there are challenges to address, 'Especially in building a business environment that encourages investment and uses the best that the people of Timor-Leste have to offer. However, with the commitment already shown by the Government and the support of all TSP development partners, including the World Bank, much can be achieved in the year to come.'

Suara Timor Lorosa'e (STL)

According to a press release received by the paper from the coordinator MIPG (Multi Interest Peace Group) the President RDTL, Mr. Xanana Gusmao and the Dili Bishop, Mr. Alberto Ricardo, will inaugurate a Monument of Heroes in the district of Bobonaro to commemorate those whose fought for the freedom of this land from 1975-1999.

This inauguration will be held on the Restoration Day, November 28, and is funded by the ICMC (International Catholic Mission Commission) with a total of US$ 6, 342.00.

Timor Post The commander of Timor Leste's Falintil Defense Force (F-FDTL), General Brigadier, Mr. Taur Matan Ruak, said that the two agencies, F-FDTL and PNTL, responsible for national security must themselves be aware of the threat of HIV/AIDS. Mr. Taur said this at a seminar on Prevention of HIV/AIDS for F-FDTL and PNTL members. He noted that illegal immigration also heightens the possibility of HIV/AIDS transmission.

Mr. Rui Maria de Araujo, the Minister of Health, said the joint seminar was also an occasion for both security agencies to share information including prevention of HIV/AIDS

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 11, 2004

Timor Post

State Secretary of Public Works, Mr. Joao B. Alves, informed the National Parliament of a road construction project of US$ 4,9 million for 2004/2005 fiscal years from the G Commission. He said the government is giving priority to constructing roads and bridges to enable communities to have easy access to local markets to sell their produce. He also informed members of the bilateral support received from the European Union and Japan in development projects.

In order to improve nutritional levels in the country, the Ministry of Agriculture, Forestry and Fisheries provides financial support to farmers to farm fishes in ponds. The Minister of Agriculture, Forestry and Fishery, Mr.

Estanislau Aleixo da Silva, said his ministry gives priority to the food security program under which the consumption of fish is being promoted for children's growth. The Ministery supports fish farmers through seven groups receiving aid from a fund of US$ 2.412.

ABC News

Secretary-General Kofi Annan on Wednesday recommended against reducing the UN mission in East Timor in its final six months, saying the new nation hasn't reached "the critical threshold of self-sufficiency."

In a report to the Security Council, Annan said East Timor's administration especially its financial, banking and judicial institutions "remain weak and fragile" despite "notable advances."

He said UN civilian advisers who should be mentors by now, continue to perform important jobs in key institutions, UN civilian police advisers remain "indispensable" in training the national police force and UN troops are still needed to support security and stability.

The Timorese defense force "remains hampered by a lack of experienced personnel, appropriate training regimes and equipment and by limited logistic capacity," Annan said.

The Security Council voted in May to wind up the UN mission on May 20, 2005 and drastically reduce its size from more than 1,660 troops, 300 international police and 77 military observers.

Annan recommended retaining current levels until the mission ends: 310 troops, a 125-member international response unit, 42 military liaison officers, 157 civilian police advisers and 58 civilian advisers.

East Timorese voted for independence from Indonesia in 1999. The Indonesian military and its proxy militias struck back with violence that killed 1,500 Timorese and displaced 300,000. The United Nations administered the territory for 2 1/2 years, and then handed it to the Timorese on May 20, 2002.

China will further enhance its cooperation with East Timor in various fields, including economy and trade, and will continue to support East Timor's economic and social reconstruction, Chinese State Councilor Tang Jiaxuan said here Wednesday.

Tang made the remarks in his meeting with East Timor Prime Minister Mary Alkatiri, who is here to attend the eighth Annual CEO Forum of BusinessWeek.

The Chinese government attaches importance to its good-neighborly and friendly relations with East Timor, he said. Tang said the relations between China and East Timor has witnessed noteworthy progress since the two countries established diplomatic ties two years ago.

The two sides enjoy good cooperative relations between their governments, legislatures and ruling parties. The two countries also enjoy smooth cooperation in the fields of oil and gas exploration, agriculture and fishery, he said.

P.M. Alkatiri expressed appreciation for China's support and assistance for East Timor. He said that the government of East Timor is ready to further enhance its exchanges and cooperation with China while attracting more Chinese enterprises to invest in the country. He also reaffirmed East Timor's firm adherence to the one-China policy. Tang expressed appreciation and gratitude in return.

Timor-Leste has not yet achieved a critical threshold of self- sufficiency, as public administration there remains weak and fragile, Secretary-General Kofi Annan says in a new report seeking a final six-month extension for the United Nations mission in the tiny nation.

Timor-Leste has made "steady progress" in its institution- building efforts over the past three months, Mr. Annan says, adding that the Government has made "considerable" efforts to address pressing issues, such as the plight of veterans, as well as prepare for local elections.

He recommends that the UN Mission of Support in East Timor (UNMISET) be retained in the country through 20 May 2005 to help it to consolidate its gains. The Mission is currently providing assistance to the country's justice system and core administrative structures, contributing to the development of its national police, and helping to maintain security.

The report is based on the findings of a UN technical assessment mission that visited Timor-Leste in October.

Over the next six months, Mr. Annan says, the UN mission will be focusing on preparations for its exit strategy so that the country would not suffer significantly from its withdrawal.

UNMISET is composed of 58 civilian advisers, 150 civilian police advisers, 42 military liaison officers and a security force of some 430 military personnel, including an infantry company and air support.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 15, 2004

Suara Timor Lorosa'e (STL)

The Prime Minster, Mr. Mari Alkatiri, said that November 12th is a day for families of victims to remember and visit the graves of those who sacrificed their lives for freedom A holiday is not an indication of its importance. The Prime Minister said this while responding to National Parliament members who insisted on declaring November 12th a national holiday. He said the government would declare a national holiday only when the Parliament has taken a decision on the matter.

The isolation of Timor Leste's representative in Canberra by the Federal Government of John Howard is a political maneuver to force Timor-Leste to accede to the Maritime Boundary Negotiation Process, said Mr. Julio Thomas Pinto, a Political Researcher of UNPAZ University. Mr. Julio noted that Australia's efforts to isolate Timor -- Leste's representative in Canberra goes against its right to bilateral cooperation benefiting both parties and added that the negotiation of the maritime boundary has to be resolved in a peace way. He urged the Australian government to communicate with Timor ? Leste?s representative in Australia saying he was chosen by its population.

Through its general consultant in Timor Leste, the government of New Zealand has contributed 150 torches together with accesories worth US$ 22,299,40 to the National Police (PNTL). The Minster of Interior, Mr. Alcino Barris said the torches would be used by the BPU (Border Patrol Unit).

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 16, 2004

Timor Post

The Prime Minister, Mr. Mari Alkatiri, said that Moslems who are currently occupying Annur mosque must move out in accordance with government decisions which are not related to any religious cases. He said this at a ceremony held together with Al-Munawarah Islamic communities in Fatuhada, Dili. Mr. Alkatiri added the mosque inhabitants were meant to leave last month, but at that time they were on fast. Now it is time for them to leave.

Timor Post

Returning from the CEO conference in Beijing, China, the Prime Minister, Mr. Mari Alkatiri said that economic growth has to be used as an instrument of poverty reduction. He said the Chinese economy is going well, but the markets are still dominated by the United States and in this era of globalization, all under- developed nations should share information in order to prevent negative economic impacts in their country. At the CEO conference, Mr. Alkatiri also invited China's national petroleum sector to accelerate their participation in the gas and petroleum prospects in Timor Sea.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 17, 2004

Timor Post

In order to strengthen local institutions involved in the planning and implementation of pro-poor programs on sustainable land use and management, the Dili Distance Learning Centre (DDLC) invited Timorese government authorities and organizations to take part in an international videoconference on the subject.

The conference takes place from November 16th to 19th and is a follow-up of a similar course that was successfully conducted in December 2003. Through the conference, invitees will be able to present the latest developments in Timor ? Leste and exchange views with international participants from Vietnam, Sri Lanka, Cambodia, Thailand and Laos.

Senior government officials, led by Mr. Pedro de Sousa, Director, Department of Land and Property and 23 representatives from different organizations in Timor Leste will be attending the four-day program, which will be conducted via Internet and video. Participants from all countries will be able to see and speak to each other as they share experiences and identify best practices in land use.

This conference is sponsored by the World Bank Institute, the learning and capacity building arm of the World Bank, the German Technical Cooperation (GTZ) and the Global Development Learning Network (GDLN).

The Sub-district administrator of Jumalai district, Suai, Mr. Domingos Braganca said the Japanese government was supporting the reconstruction of the Mola Bridge. He said the damaged bridge results in heavy traffic congestion during the rainy season which makes it impossible for farmers to market local produce in other districts, or Dili. He also noted that the main challenges in Jumalai are lackof infrastructure, electricity and water.

Suara Timor Lorosa'e (STL)

The Prime Minister, Mr. Mari Alkatiri, said that gas and oil revenues from the Timor Sea would have a good impact on the economic development of the country as well as the living condition of its communities. Mr. Alkatiri noted that the revenues are being invested with the aim of eradicating poverty in this country. He also said that financial policies should be established in order to prevent misuse of the funds invested.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 18, 2004

Suara Timor Lorosa'e (STL)

In order to strengthen local institutions involved in the planning and implementation of pro-poor programs on sustainable land use and management, the Dili Distance Learning Centre (DDLC) invited Timorese government authorities and organizations to take part in an international videoconference on the subject.

The conference takes place from November 16th to 19th and is a follow-up of a similar course that was successfully conducted in December 2003.

Through the conference, invitees will be able to present the latest developments in Timor-Leste and exchange views with international participants from Vietnam, Sri Lanka, Cambodia, Thailand and Laos.

Senior government officials, led by Mr. Pedro de Sousa, Director, Department of Land and Property and 23 representatives from different organizations in Timor-Leste will be attending the four-day program, which will be conducted via Internet and video. Participants from all countries will be able to see and speak to each other as they share experiences and identify best practices in land use.

This conference is sponsored by the World Bank Institute, the learning and capacity building arm of the World Bank, the German Technical Cooperation (GTZ) and the Global Development Learning Network (GDLN).

Timor Post

Italian Parliament Delegations visited the National Parliament with the aim of getting to know the situation of Timor-Leste following independence, said the Parliament President, Mr. Fransisco Guterres alias Lu-Olo. Mr. Lu-Olo noted that this visit is in relation with the last assistance US$ 680,000 provided for the government. This visit is also to gather ideas from parliamentary members to define areas of future cooperation for both countries.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 19, 2004

Timor Post

Four members of the National Parliament respectively observed that decision made by UNMISET in order to extend its mission in Timor Leste is positive as this country still needs assistance in certain areas. Head of the Fretilin Party, Mr. Olimpio Branco, said that areas which still need assistance include the finance, justice, and security sectors, as well as others.

Mr. Branco noted that the extension of six months would enable the country to independently stand and maintain the security system established by the UN. He also said that the country would be firmly secured if everyone cooperates and listens to one another.

The president of the National Parliament, Mr. Fransisco Guteres alias Lu-Olo, said that children must be paid attention to as they are also suffering the consequences of violence: domestic, sexual and physical. He said this in his speech on a seminar in preparation of International Children Day celebration, which is conducted by UNICEF in Timor Hotel. In this one-day seminar, which involved government authorities, participants discussed the future of Timorese children, including their access to education, their right to be free from all types of violence and their access to proper healthcare.

A number of TL parliamentarians from Commission C responsible for economy and finance, refused to meet with the WB representative in Timor Leste, Elisabeth Huybens, who planned to visit that institution. The refusal was decided through a vote carried out at the National Parliament on Thursday, Nov 18. As scheduled, Commission C would host Elisabeth's visit at the Parliament, but several Commission C parliamentarians considered that the meeting was unimportant, and refused to attend the meeting.

Rui Meneses, one of the parliamentarians who refused Elisabeth's presence, when interviewed by STL after the voting, stated that the meeting between the commission and the WB representative is not important, as those working in the WB are using the Timorese as a field to enrich themselves. Furthermore, there's nothing new in the agenda to be discussed.

Meanwhile, the interim Chair of Commission C, Manuel Tilman, expressed his disappointment on the attitude of several Commission members. Mr. Tilman stated that refusing the presence of people who want to share their experiences is not a good attitude for an institution that is the people's representative.

Manuel stated further that the WB presence at the Parliament was to share experiences on the troubled oil and gas, but this good intention was refused by members of Commission C. "They do not want to hear from other people, they only want to hear from Norway. For KOTA party, visiting guest are respected and welcomed, but on their ideas, it is up to you to accept or refuse".

According Manuel, information on oil and gas are crucial for parliamentarians, especially for Commission C who is responsible for economy and finance. Every experience shared would be used by parliamentarians as a reference in discussions on the Petroleum Law and Petroleum Fund that will be presented by the government.

The Minister of Health, Mr. Rui Maria de Araujo, said that pulmonary disease has become a big issue, which is currently confronted by communities and is becoming a concern for the Ministry. Mr. Rui noted that the Ministry is seeking cooperation with the WHO (World Health Organization), related NGOs, and individual to educate communities about the danger of this disease as a result of smoking.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 22, 2004

Suara Timor Lorosa'e (STL)

Last Saturday November 20, five muslim leaders in An-Ur mosque were deported to Indonesia. The Government of Timor-Leste took this decision after a deadline was due for them to issue a legal document from the Immigration Department. They were deported through the land border, Dili-Motain after a hearing process in the Dili Tribunal. They were interviewed by Timor -- Leste Immigration Department before leaving. They were directly accompanied by the Immigration Police Commander, Mr. Carlos Geronimo and handed over to the Indonesian Immigration Department in Motain.

The Minister of Health, Dr. Rui Maria de Araujo, noted that the Ministry does not conduct a campaign of HIV/AIDS Prevention to force the community to use condoms. He said that the aim is to raise the community awareness regarding transmission of HIV/AIDS during sexual relations. Dr. Rui said there is no contradiction with religion teachings because science has proven that the use of condoms prevents the transmission of HIV/AIDS; he noted that the Ministry respects religious teachings.

The Minister of Health, Dr. Rui Maria de Araujo, said that 20 Timorese students had been passed to study medicine in a Cuban University after they undertook eight months of Spanish training. The minister said that four out of the twenty stuents received the top score. They are Colombianus da Silva (Dili), Dulce Maria Pereira (Ainaro), Maria Georgina dos Santos (Dili) and Mingota Herculano (Manatuto).

Timor Post

The President of Timor-Leste, Mr. Xanana Gusmao said that children have right to good education and health care, which should be continuously support by parents, because the children are the future of the nation. He said this in the International Children's Day ceremony in Democracy Field. Mr. Xanana congratulated the Timorese children present, and he recommended that the government pay attention to them in order to enable them to have a bright future.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 23, 2004

Lusa News

The East Timorese government Monday ordered nearly 300 illegal Indonesian immigrants occupying Dili's Annur Mosque to cease their years-long protest action by the end of this week and normalize their presence in the country or face detention and deportation. The Foreign Ministry Mr. Ramos Horta called a press conference last Monday to explain the deportation of five Islamic leaders, who he described as 'arrogant' and disrespectful of Timorese law.

Mr. Ramos Horta in his statement said that the remaining 269 Indonesians had until Saturday to abandon the Muslim sanctuary and 10 days to regularize their residency status. Deportations of 5 Islamic leaders will not affect Indonesian relations, says PM Timor Post The Prime Minister, Mr. Mari Alkatiri noted that the deportation of five Islamic leaders will not affect the relationship of between Indonesia and Timor-Leste. Mr. Ramos Horta, the Minister of Foreign Affairs and Cooperation, said that the deportation would not have any impact on the cooperation between both countries.

Timor Post

Mr. Mari Alkatiri, the Prime Minster, said that Timor-Leste still needs international assistance although the UN mission will end in May. He noted that there will be a negotiation for future assistance taking place after before UN mission ends in order to define which areas still need further international assistance.

Suara Timor Lorosa'e (STL)

On November 30th, the Prime Minister, Mr. Mari Alkatiri is going to have a meeting with Mr. Cornelio Gama alias L-7, the ex- Falintil commander in region III. The paper mentioned that the aim of the meeting is to finalize the problem between the government and L-7, as well as veterans issues in general.

A member of the National Parliament from PDC (Christian Democrat Party), Mr. Antonio Ximenes criticized the Department of Water and Sanitation. The criticism is in relation to an unanswered proposal by the Department regarding the lack of a clean water facility in the Baucau District Hospital. Mr. Ximenes said that this issue has been raised several times in the parliament, but no action has been taken.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 24, 2004

Suara Timor Lorosa'e (STL)

On Tuesday, the president of Timor- Leste, Mr. Xanana Gusmao, and the Representative of the Vietnamese government, Mr. Nguyen Hoag An agreed to establish a bilateral cooperation between their respective countries. An agreement of cooperation was expressed through a MOU handed to the president by Mr. Hoang, and was assisted by the vice-minister of foreign affairs and cooperation, Mr. Olimpio Branco. Mr. Nguen said that Vietnam is pleased to cooperate with Timor-Leste in diplomacy, economy and other sectors in the future.

Timor Post

The advisor of GTZ (German Technical Cooperation), Mr. Hendry conducted a one-day meeting with 13 local small business actors, which were supported by the company in the district of Baucau. The aim of the meeting was to review business activities undertaken. The company provides no-interest micro-credit loans up to a total of US$100,000,00 in that district. Loans are used to run business activities, such as general trading, pesticide compositions and export medicines materials.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 26, 2004

Timor Post

The Prime Minister, Mr. Mari Alkatiri noted that the government of Timor-Leste couldn't intervene to decrease the price of fuel because the government does not pay for the importing of the fuel. Responding to the public transport strikes of the last few days, which urged the government to either regularize the price or increase the cost for daily passengers traveling with public transports, Mr. Alkatiri urged the people to understand that the current price of fuel was based on international standards for certain reasons. The Prime Minister also said that this issue has been introduced to the National Parliament in order to discuss its impact on the Timorese population.

Timor-Leste and the Republic of Cuba have established an economical, scientific and technical cooperation for both countries, which has been approved by the Timor-Leste Ministers Councils on Wednesday, November 24. The aim of this agreement is to conduct systematic studies in order to develop the areas of cooperation mentioned above.

Suara Timor Lorosae (STL)

The Timor-Leste Defense Force of Falintil (F-FDTL) Commander, General Brigadier Taur Matan Ruak said that his Department is ready to take security responsibilities for the country after the UNMISET mission conludes on May 20th 2005. Mr. Matan Ruak said that it is the time for them to take full responsibility over national security after May 20 2005. He also said that F-FDTL members have received substantial training so as to enhance their skills to handle their tasks.

[David de Araujo Receptionist World Bank, Dili Office.]

East Timor media monitoring November 30, 2004

Timor Post & Suara Timor Lorosa'e (STL)

Both papers carried a press release from the World Bank Saying that the Bank is financing a vital road link between the enclave of Oecussi and the rest of Timor-Leste is to be restored by December 2005 if work proceeds according to plan, says the World Bank Country Manager, Ms Elisabeth Huybens. The $3 million project will upgrade 42 kms of the existing 120 km road linking Maliana, Atambua and Wini to Pante Macasar in Oecussi in the first phase.

Over 7 kms of road has already been rehabilitated at a cost of USD 75,000 by the Indonesian government who have also received World Bank financed credit for the rest of Phase I. "By restoring this important land link between Oecussi and Timor-Leste, the road will not only give an impetus to the movement of goods and services but will also help families that, at present, find the journey difficult to make," Ms Huybens said. "The new road will cut the travel time from six hours to two hours."

At present, the daily bus service takes an average of 12-14 hours from Dili, including the time it takes to get immigration clearance.

Travelers from Timor-Leste will still require visas to transit through West Timor on the new road -- something which is not required on the twice weekly Oecussi-Dili ferry -- but those from the border areas will be able to save the journey time to Dili.

The contract is being handled by PT Waskita Karya, who is bound to complete the project within 420 days. In Phase II , a 5 km feeder road connecting Atambua to Motain will be built to provide easy access to the road to Oecussi.

Timor Post

Five parties from the National Parliament said that information published by Indonesian media saying that Timor-Leste is discriminating against Moslems in An-Ur mosque, is untrue.

In respective places, the representative of each of the five parties, Democratic Party, KOTA, PSD, ASDT, and PDC said that those Moslems who occupied the mosque were told to move based on the regulations established, and that the law is to educate people to live with legal documents.

On Monday the 29th, the President of Timor-Leste, Mr. Xanana Gusmao, said that there have been some programs that are expected to be undertaken using the petroleum fund resources, but that no decision had been made yet. He said that the decision is to be made by the National Parliament with the Prime Minister; the two would cooperate to define areas of fund allocation.

Suara Timor Lorosa'e (STL)

In the coming year, the District of Ermera's infrastructure will be further developed, said the Prime Minister, Mr. Mari Alkatri in an opening ceremony for a bridge rehabilitation in the sub- district of Gleno. The rehabilitation fund comes from BNU, Timor Telecom and the government itself.

The Prime Minister said that to achieve proper development there has to be cooperation between the local leaders and their communities.

The interim president of commission C of the Parliament of Timor-Leste, Dr. Manuel Tilman, from KOTA political party, and Francisco Miranda Branco from FRETILIN, told Parliament that 'the petroleum fund is not an invention of the Government'.

And he said also that the government's plan to create a petroleum fund is very good, because articles 139 and 140 of the constitution of Timor-Leste states: ?The State is the owner of petroleum and mineral resources?. And they agreed with the government plan to create Petroleum Fund.?

They said some of the money should be invested in Timor-Leste, and some should be invested offshore.

President of Republic Democratic of Timor-Leste, Xanana Gusmao said he will discuss together with the Parliament, the Government and all of the Political party leaders using some of the Timor Sea revenue to address the problem of the Veterans.

The President said he's already told the Prime Minister about his views. However, the President said if the Parliament and the Government decide to suspend the money for the future he has no problem with this and we will look other way.

[David de Araujo Receptionist World Bank, Dili Office.]