Philip Dorling – The federal government has successfully blocked the release of secret archives that would reveal Australian knowledge of Indonesian war crimes in East Timor, arguing that relations with Jakarta are presently too strained to cope with the potential embarrassment for both countries.

Administrative Appeals Tribunal President Justice Duncan Kerr yesterday said that the National Archives was right to deny University of NSW Associate Professor Clinton Fernandes access to Australian diplomatic papers and intelligence on Indonesian military operations in East Timor from more than 32 years ago.

A former Australian military intelligence officer turned academic, Dr Fernandes has been engaged in a six-year bureaucratic and legal struggle to secure declassification of records relating to Indonesia's invasion and occupation of East Timor.

On advice from the Department of Foreign Affairs and Trade and Australia's peak intelligence agency, the Office of National Assessments, the National Archives denied Dr Fernandes access to parts of two Foreign Affairs and Trade files that contain reports about a major Indonesian military offensive across East Timor in late 1981 and early 1982.

The operation involved the Indonesian army using East Timorese civilians as human shields and ended with a massacre of hundreds of people.

Dr Fernandes applied to the Administrative Appeals Tribunal for a review of the Archive's decision that release of the diplomatic and intelligence papers would damage Australia's international relations, defence or national security.

However, in January, Attorney-General George Brandis issued a "public interest certificate" that prevented disclosure of the government's arguments for continuing secrecy and excluded Dr Fernandes and his legal representative from hearing evidence presented to the Tribunal by the government.

In a ruling late Wednesday that all but two short sections of text must remain secret, Justice Kerr expressed regret that he was in a position "where I now have to express conclusions which I am unable to explain" in his open decision.

But Justice Kerr did refer to evidence given by the Department of Foreign Affairs and Trade that in May 2013 the US government had advised that "it wanted the Australian government to continue to restrict access to... four documents" that had "ongoing sensitivities".

Office of National Assessments deputy director-general Jim Hagan further testified that release of information would "damage ONA's relationship with international partner agencies" and that "could in turn damage relations between international partners and the Australian intelligence community and between the foreign and Australian governments more generally".

Justice Kerr further emphasised that Mr Hagan "stressed the particular sensitivity about the relationship currently between Australia and Indonesia and pointed out... that there are presently some significant tensions between the governments of Australia and Indonesia".

Dr Hagan argued "present circumstances have to be taken into account in relation to potential damage to Australia's international relations and security interests".

In the course of the limited open proceedings in the case, Justice Kerr observed that while embarrassment, either to Australia or Indonesia, was not in itself sufficient to damage international relations, "embarrassment could rise to a point where it affects the relationship to a high degree".

Dr Fernandes told Fairfax Media he was determined to continue his efforts to secure the release of secret records relating to Indonesia's occupation of East Timor.

"We shouldn't be covering up major atrocities against the East Timorese population, and their nuns and priests more than 30 years after these events," he said. "I'll keep going with more court challenges, win or lose. Fifteen years in the Australian Army trained me to be resilient. The worm will turn."

Source: http://www.smh.com.au/federal-politics/political-news/australia-wins-legal-battle-to-suppress-secret-papers-on-east-timor-for-fear-of-upsetting-indonesia-20140403-zqq73.html

Timor tax dispute fuelled by spying claims

Sydney Morning Herald - April 1, 2014

Tom Allard – The government has told East Timor the fledgling nation can't tax a lucrative pipeline from a Timor Sea gas field, in a move that has further soured relations between Australia and its neighbour.

East Timor's legal advisers believe Australia's stance gives the country further grounds to launch another round of arbitration over the Timor Sea Treaty, the agreement that governs $40 billion in oil and gas revenues that the nation wants declared invalid.

The government has been embarrassed by revelations it bugged East Timor's government offices as it negotiated the treaty and the espionage is being used by East Timor to force an arbitration in the Hague to have the treaty declared void.

Multinational energy company ConocoPhillips operates the Bayu-Undan natural gas facility in the Timor Sea, sending gas through a pipeline to Darwin for processing.

Treasurer Joe Hockey and Minister for Industry Ian Macfarlane wrote to East Timor in January saying they backed the assertion of ConocoPhillips that only Australia could tax the pipeline's activities as it had "exclusive jurisdiction" under the Timor Sea Treaty.

But East Timor alleges the company owes it hundreds of millions in tax revenue and it has a taxing right over income generated by the pipeline. The company and the nation are in the middle of arbitration proceedings in Singapore.

In a strongly worded reply to Mr Hockey and Mr Macfarlane, obtained by Fairfax Media, East Timor's petroleum and finance ministers, Alfredo Pires and Emilia Pires, insisted Australia's position on tax rights was "very surprising" and "regrettable".

"At no point has Australia raised an objection to Timor-Leste asserting and exercising its right to tax [the pipeline], despite being aware of Timor- Leste doing so."

A spokeswoman for Mr Hockey said Australia's letter was an attempt to re- start a constructive discussion. "Australia has continued a dialogue with Timor-Leste to ensure there is clarity around tax arrangements in the Timor Sea," she said.

She declined to say whether Australia's position on tax rights was new. But East Timor's legal advisers insist the position is new, and therefore triggers a dispute under the Timor Sea Treaty.

The significance of this new trigger is that Australia is attempting to get the current round of arbitration, based on the argument that Australia's spying rendered the agreement invalid, thrown out because the dispute mechanism under the Timor Sea Treaty hadn't actually been activated.

Pierre-Richard Prosper, a legal adviser to East Timor, said it appeared Australia did not realise the legal significance of the letter from Mr Hockey and Mr Macfarlane. "What they have been working to avoid, they have inadvertently achieved," he said. "They have opened the door that they have been trying to close."

Dili is concerned the intervention is part of a wider and aggressive campaign by Australia over the Timor Sea reserves, which reached a new level when ASIO raided the offices of East Timor's Canberra-based lawyer Bernard Collaery. The raid prompted the International Court of Justice to issue an interim order forcing Australia to cease spying on East Timor and seal all material seized in the raid.

It comes as a confidential briefing note to East Timor claims a senior Australian diplomat told its advisers Australia was "unhappy" about the dispute, and told them the bi-lateral relationship was under threat. The diplomat also warned East Timor was "going to run out of money".

Source: http://www.smh.com.au/national/timor-tax-dispute-fuelled-by-spying-claims-20140331-35u9d.html

Human rights & justice

Indonesian presidential candidate slammed over Timor-Leste abuses

UCA News - April 7, 2014

Sixtus Harson, Jakarta – A human rights group has criticized the presidential candidacy of a former Indonesian general who has been accused of widespread human rights abuses in Timor Leste and several Indonesian provinces.

Prabowo Subianto commanded Indonesia's special forces from 1980 to 1998 and is said to have been the architect of the 1991 massacre at the Santa Cruz cemetery in Dili, a watershed event captured on film by foreign journalists that for the first time provided evidence to Indonesia's often brutal rule over then East Timor.

"Today, Prabowo Subianto is advancing his way toward the Indonesian presidential election, continuing to enjoy impunity and avoiding formal accountability for his actions," said a statement issued on April 5 by the Timor Leste National Alliance for an International Tribunal.

Indonesian parliamentary elections are scheduled for April 9, the first step in determining the country's next president. The alliance said Prabowo was guilty of "crimes against humanity" and that his possible election to the Indonesian presidency would lead to "destroying the values of democracy and human rights."

The alliance issued its statement as thousands of Timorese gathered in Liquisa outside Dili on April 5 to commemorate the 15th anniversary of an attack on a Catholic church by pro-Indonesia forces that led to the deaths or disappearances of more than 200 people.

On April 5, 1999, a coalition of Indonesian police, military and paramilitary groups attacked a group of pro-independence Timorese who had taken shelter in the St. John de Brito church.

The incident served as a prelude to the widespread violence and alleged human rights abuses that occurred leading up to a UN sponsored referendum in August that year, which effectively ended Indonesia's rule over East Timor.

Sisto de Santos, alliance coordinator, said this year's event was different from past commemorations.

"About 280 human remains were gathered by a state-commissioned team from different locations – including victims of the Liquisa massacre – and reburied in a special ossuary at a newly dedicated state cemetery for anyone killed during the fight for independence," de Santos told ucanews.com on Monday.

De Santos said that victims' family members continue to suffer because they say justice has not been done for the perpetrators of the violence in pre- independence East Timor. "What is disappointing is that the families of victims are living with uncertainty because the perpetrators of the Liquisa massacre continue to enjoy impunity and freedom," de Santos said.

Additionally, victims' families complained about the lack of involvement by a forensic team to properly identify remains. In some cases, three or more bodies were buried in a single coffin, the alliance said.

Timor Leste, a former Portuguese colony, was invaded by Indonesia in 1975 and annexed the following year. An armed resistance fought Indonesian forces for a quarter of a century until the 1999 UN referendum paved the way to Timorese independence. It is one of only two predominantly Catholic countries in Asia, the other being the Philippines.

Source: http://www.ucanews.com/news/indonesian-presidential-candidate-slammed-over-timor-leste-abuses/70656

Labour & migrant workers

KNKTI to combat child labour

Dili Weekly - April 30, 2014

Paulina Quintao – Secretary of State for Vocational Training Policy and Employment (SEPFOPE) has established a National Commission against Child Labour (KNKTI) with the aim to protect children from child labour and to fulfill its rights under law.

SEPFOPE General Director Jacinto Barros Gusmao said children are the new generation of a nation; therefore the government has an obligation to protect them from risks which can harm their health and educational prospects.

"It's the time to protect our children and brothers from the risks; they have the right to play and go to school, not to be doing hard work," Gusmao said in Kaikoli, Dili. The establishment of the commission was the first step taken by the government to fulfil recommendations from the international treaty Timor-Leste ratified in 2003.

Gusmao said the commission would be composed of members from the Ministry of Social Solidarity, Ministry of Education, Ministry of Health, Ministry of Agriculture and Fisheries, Ministry of Commerce Industry and Environment, Secretary of State for Youths and Sport as well as theTimor- Leste Chamber of Commerce Industry and Workers Syndicate.

"Child labour problem is a national problem," he said. He added the commission will campaign to raise awareness in communities about children's rights and will inspect companies and individuals – including parents – who employ minors and will develop a database.

Resident Apriliano da Silva said creation of this commission was very positive. He said it was good to take action against the child labour problem within the country as there were many children who live on the streets.

He said the data was very important to support the design of the policy and the prevention program. He said it was time for a rigorous look at the problem and urged action now, rather than waiting for the problem to worsen.

He said he believed the most important factor would be education and increasing the consciousness of the parents as it is often family members who violate the rights of children in order to improve the economic position of their family.

Source: http://www.thediliweekly.com/en/news/children-youth/12380-knkti-to-combat-child-labour

Sexual & domestic violence

Child sexual assault victims bring MP to tears

Dili Weekly - April 24, 2014

Paulina Quintao – Upset to the point of tears. That's how Secretary of State for the Promotion of Equality (SEPI) Idelta Maria Rodrigues felt when she met with child victims of sexual assault and incest at Dili shelter homes.

SE Rodrigues said she was devastated to meet the victims, the majority of whom were 13-years-old. She said the victims did not belong in such a place.

"They are forced to live in shelter homes with their babies where the nutrition is not good.I feel very sad when I meet them. They should be studying," SE Rodrigues said when she met the Women's Parliamentary Group at Maria Tapo, Kaikoli, Dili.

The Secretary of State promised that the government would support the victims through grants to women's organizations which provide victims with the means to start small businesses.

Member of Parliament (MP) Aurora Ximenes said cases of sexual assault and incest towards minors were a serious problem and one which the state must look into immediately.

The Actual Secretary for Women's Parliamentary Group (GMPTL) criticized incest accused who make declarations in court that the victim consented to the act.

"It's not logical and it is impossible a daughter wants to have a sex with her father," the Fretilin MP said.

She also lamented the lack of specific legislation prohibiting incest. "I think the government should look back at the penal code as the incest issue is a serious problem and the government must take action," MP Ximenes said.

MP Albina Marcal Freitas said the child victims need to live in shelter homes as the formal justice processes work slowly, with the offenders still at large.

She called on SEPI and the women's organizations to work harder in the society in order to combat violence against women and young girls.

"They should make a policy to reintegrate victims back into their families and integrate the victim into society so they can continue their study,"she said.

Source: http://www.thediliweekly.com/en/news/children-youth/12334-child-sexual-assault-victims-bring-mp-to-tears

University students push for sexual slavery national seminar

Dili Weekly - April 16, 2014

Paulina Quintao – University students have urged the HAK Association to organize a national seminar in Timor-Leste to encourage leaders, including those of the Japanese government, to speak with Timorese victims of sexual slavery.

Student Inocencio De Jesus Xavier said Timorese women who were the victims of sexual slavery and their families deserve to receive information from the Japanese government and ask it to take responsibility responsible for the actions of its military in World War II (1942-1945). He said as the new generation of this beloved land, students are obligated to know the history of Timor-Leste because though they know about World War II, they do not know about the sexual slavery that took place in Timor-Leste as it is not covered in schools.

"We students urge the HAK association to cooperate with all entities to hold a national seminar to encourage the two governments,Timor-Leste and Japan, and legislative bodies to share some information related to sexual slavery," he said, when commemorating the 72nd anniversary of the Japanese invasion of Timor-Leste.

This seminar was very important because HAK has worked in the past to call on the government of Japan to take responsibility for the actions of its military however leaders from neither Japan nor Timor-Leste attended the commemorations to share information with the public.

HAK Association program coordinator Xisto Dos Santos praised the students' willingness to contribute suggestions as it showed they were eager to learn about their country's war legacy.

He said HAK Association will organize a seminar to encourage the rulers of Japan and Timor-Leste to make amends for the sexual slavery which violated the victims' human rights.

"All of us and the university students are hoping for a good collaboration to conduct a seminar," said Xisto. He added some of the victims of sexual slavery were still alive but their advanced age made it difficult to attend the ceremony.

Source: http://www.thediliweekly.com/en/news/human-rights/12328-university-students-push-for-sexual-slavery-national-seminar

SEPI to raise awareness of domestic violence laws

Dili Weekly - April 15, 2014

Paulina Quintao – The Secretary of State for the Promotion of Equality (SEPI), Idelta Maria Rodrigues said SEPI will this year hold a campaign toraise awareness and open dialogue with teachers and students in 13 districts about laws opposing domestic violence law as well as how to deal with countries which have ratified such laws.

She said they have made changes to their awareness campaigns after situations arosein which teachers have done harm to their students, with many students committing suicide as a result of their problems.

"We will hold an open dialogue this year, raising awareness for them touse their consciences to prevent sexual violation in schools," SE Rodrigues said.

Besides this, she said they will continue raising awareness and holding dialogue with the community and local leaders including the community police, teaching them about the law against domestic violence as well as United Nations Security Council Resolution 1325, which deals with women's role in peace negotiations and post-conflict reconstruction.

She said while awareness-raising programs went on, it was everyone's responsibility to combat and reduce the domestic violence rate.

MP Ilda Maria da Conceicao said violence continued to occur even if there was zero tolerance policy in schools. She said the worst type of violation and sexual abuse was that which was committed by teachers.

Member of Commission F (for health, education, culture, veteran and gender equality affairs) MP da Conceicao said opening a dialogue should involve relevant institutions, such as civil society, the Police Unit for Vulnerable People and the judicial sector and teachers.

"There is still violence occurring in schools so I think this program is good for us to reduce violence in our nation because it still happens, even though there's zero tolerance," she said.

Source: http://www.thediliweekly.com/en/news/gender/12318-sepi-to-raise-awareness-of-domestic-violence-laws

Catholic Church & religion

Priests refuse to baptise children of incest

Dili Weekly - April 14, 2014

Paulina Quintao – Catholic priests and nuns are refusing to baptise children born of incest, according to Timor-Leste Women's Communication Forum (FOKUPERS) shelter home coordinator Judit da Conceicao Ribeiro.

She said FOKUPERS has tried many times persuade clergy members to baptise the children, by meeting with them and explaining the situation.

"However, some priests refused due to the situation," Coordinator Ribeiro said in Farol, Dili. Eventually, three children born of incest were baptised last year.

Another problem FOKUPERS has encountered is recording of the father's name on the child's birth certificate.

After long discussions, it was decided to record the father's name as "unknown". "This way it will not have an impact on child's development in the future," Coordinator Ribeiro said.

She said she wished for tolerance from society towards children born of incest, as it was not the fault of the children.

Human rights activist, Xisto dos Santos, said he considered the clergy's refusal to baptise the children a violation of their rights. "It is against children's rights that any institutions, including the church, intend to ignore these young victims," he said.

Children of Timorese who joined the Indonesian army during the occupation of Timor-Leste also sometimes find it difficult to get legal document such as baptism certificates.

Source: http://www.thediliweekly.com/en/news/news/12304-priests-refuse-to-baptise-children-of-incest

Border & security issues

Safeguarding the porous border into Timor Leste

Jakarta Post - April 5, 2014

Yuliasri Perdani, Atambua – Entering the fifteenth year of Timor Leste's separation from Indonesia, the Indonesian authorities are still struggling to diminish illegal border crossing and smuggling due to limited resources and poor infrastructure in the border areas.

The border crossing between both nations is facilitated by six check points, including the Mota'ain main border gate that connects East Tasifeto in East Nusa Tenggara (NTT) with Balibo in Timor Leste.

The border gate is equipped with a building complex consisting of military and police security posts as well as immigration, customs and animal and plant quarantine posts.

Last year, the Atambua Immigration office recorded a total of 150,791 arrivals and departures through the six check points; more than half were through Mota'ain.

The border crossing in Mota'ain is fostered by the growth of shuttle services business connecting Kupang in NTT with Dili, the capital of Timor Leste.

In contrast with Mota'ain, five other check points face technical and infrastructure limitations that have resulted in loopholes enabling smuggling and illegal entry.

Turiskain check point in Raihat sub-district, Belu, NTT, for instance, comprises a small building, which is guarded by two immigration officers. When The Jakarta Post visited the check point over the weekend, no customs officials were on duty.

There is no security post, only a handful of soldiers and local police conducting regular patrols around the check point.

The Turiskain check point plays an important role in connecting families divided by the border. Up to 65 percent of 12,000 Raihat residents are former refugees from Timor Leste.

To reach Timor Leste, Raihat locals need to show their Pas Lintas Batas (cross-border pass) at the immigration check point before walking through a wide and rocky riverbed, which serves as the boundary-mark between the two countries.

However, the border crossing is sometimes temporarily halted between November and March, due to the rainy season. Heavy rainfall makes the crossing the river too dangerous.

However, some locals cross the river regardless and wade through the chest-high waters while battling the strong current. "We can deal with it. But a bridge would be good," a local, Arkadius Subesi, said.

Aside from visiting family, locals also use the cross-border path for trade. Every Saturday, a local farmer, Domingus Aleo, passes the Turiskain check point to reach Maliana in Bobonaro, Timor Leste. He carries 5 liters of gasoline, medicine and a bag of fertilizer to be sold at Maliana Market.

Like the majority of residents in his village in Maumutin, Domingus prefers to do business at Maliana Market as it is much closer than the market in his neighborhood. Besides, Domingus claimed to earn more at Maliana Market.

"We bought premium [subsidized gasoline] here for Rp 35,000 [US$3] per five liters, we sold there for $6," he said. Domingus said the police and soldiers patrolling the region had never stopped him or other residents from selling subsidized fuel in Timor Leste.

So far, the Indonesian Military (TNI) has focused on only busting major fuel smuggling operations. From January to March, the TNI tackled the smuggling of 21,024 tons of fuel, with 13,072 were subsidized gasoline.

In some cases, the smugglers use small paths and unguarded shores to transport the fuel. Atambua Immigration head Anggiat Napitupulu said that 42 small paths across NTT were used by individuals for illegal activities.

"Many Indonesians living near the unguarded path are reluctant to pass through the authorized check points, as they are far from their homes. So, they take the shortcut instead," Anggiat said.

Due to a limited number of staff, no officers safeguard the paths. "The office consists of 45 officers, including me. Most of the officers are assigned to the six check points. So the best thing we can do is conduct regular patrols on the unguarded paths," he said.

The office, he continued, only had two four-wheel drive vehicles and a motorcycle to assist in the monitoring of the 148.7 kilometers of check points and unguarded paths.

Source: http://www.thejakartapost.com/news/2014/04/05/safeguarding-porous-border-timor-leste.html

TNI cracks down on East Timor fuel smugglers

Suara Pembaruan - April 2, 2014

Kupang – The Indonesian military (TNI) said on Tuesday it had thwarted an effort to smuggle 3,200 tons of fuel into East Timor.

"The 3,200 tons of fuel were confiscated by our soldiers on Saturday and Sunday night at a military post in Kabuna village, Kakulukmesak subdistrict," Belu district military commander Lt. Col. Hendri Wijaya told journalists on Tuesday.

Two weeks ago, the military confiscated 2,200 tons of fuel bound for the same border. The fuel, mostly premium subsidized gasoline but some diesel, was found in containers hidden on ojek (motorcycle taxis) and in pickup trucks.

The military interceded after receiving a tip-off. The accused perpetrators have been handed over to Belu district police.

"We only confiscated the fuel and the vehicles," Hendri said. "The drivers will be handed over today to police, who will investigate [the case] according to legal mechanisms and procedures."

Indonesia has struggled for years to stop the flow of fuel from East Nusa Tenggara into East Timor. Indonesian fuel subsidies create sharp demand, but the illegal trade costs Indonesia's government and consumers, who face long filling-station lines throughout the province.

Belu district, where the alleged smugglers were caught, juts far to the east – with one area surrounded on three sides by East Timor – making the trade difficult to stanch.

"The fuel which was planned to be smuggled is subsidized fuel for people in Belu and Malaka districts," Hendri said. "I want all parties to prevent fuel smuggling, and if there's information, please let us now."

Source: http://www.thejakartaglobe.com/news/tni-cracks-east-timor-fuel-smugglers/

Foreign affairs & trade

East Timor and China move closer

ABC Radio Australia - April 16, 2014

Mr Gusmao met China's top leaders in the first visit by an East Timorese Prime Minister in 11 years.

In a joint statement, the two nations vowed to increase cooperation on issues from security to food production. China is enjoying relative economic and diplomatic success with Australia's near neighbour, at a time of heightened suspicion between Canberra and Dili.

Correspondent: Karon Snowdon

Speakers: Clinton Fernandez, Associate Professor in International and Political Studies at the University of New South Wales; Estanislau da Silva, former Deputy Prime Minister and Opposition Member of East Timor's Parliament

Snowdon: Despite their closeness – both geographically and historically, its not a good time for East Timor and Australia relations.

They're locked in a bitter international court battle over the multi- billion dollar Timor Sea resources and allegations of spying levelled against Australia.

Opposition Fretilin Member of East Timor's Parliament Estanislau da Silva, is a former Deputy Prime Minister. He says East Timor has always sought to have a wide range of friends in the region.

Da Silva: Of course, we have neighbours, like Indonesia and Australia, but we also want to have a very close relationship with other continents, and particularly, China, China has been very, very supportive.

Snowdon: China was one of the few countries to support East Timor's fight for independence against Indonesia and one of the first to recognise the new nation in 2002.

It's a close relationship and becoming stronger says Clinton Fernandes, Associate Professor in International and Political Studies at the University of New South Wales.

Fernandez: The reason China engages with Timor is that it's part of its broader strategy of engaging with the community of Portuguese language nations, that community of nations, just by coincidence happens to have a lot of resources and what China does is it takes a strategic approach by engaging with that community of Portuguese language nations as a whole and Timor fits into it as part of that.

Snowdon: Although relations have been strained recently, Prime Minister Xanana Gusmao spent three days in Australia just over a week ago.

He was the keynote speaker at a function for a benefit fund which helps former members and families of Australia's Special Air Services, the SAS. Estanislau Da Silva says his visit is a sign the arbitration case hasn't damaged the relationship with Australia.

Da Silva: So I think we are still friends, there is nothing that will endanger our relationship, so, of course, China is welcome to get into Timor Leste, as well as Japan, Australia, Indonesia and other countries as well, so we don't specifically want to rely our country, to be hijacked by any particular country.

Snowdon: As other nations do China uses soft diplomacy and has been investing in East Timor – it built the Presidential Palace, the army barracks and has provided patrol boats. Its bid to provide a radar system about five years ago and for the reallocation of oil and gas contracts in its favour were rebuffed.

Clinton Fernandez says as a small country Timor needs lots of friends. He believes the spying allegations in particular have been damaging to the bilateral relationship with Australia.

Fernandez: Definitely, people don't seem to appreciate the extent to which it has corroded the bilateral relationship. The suspicion, the resentment at being on spied on in addition to what they feel is their own fair resources of the oil in the Timor Sea being taken by Australia, that affect has been quite considerable at very much every level of East Timorese society.

Snowdon: At least in my reading of things, there hasn't seemed to have been the same fear sent China's way. There's never been a question there about East Timor being concerned about China's propensity for spying?

Fernandez: Interesting, isn't it, sure. They look at China as a country that during the darkest part of Timor's history, the late 1970s, China voted for Timor in the Security Council, Australia abstained. They look at China as a country that's assists their military, builds infrastructure, and doesn't seem to be interested in spying on it, and therefore, the perceptions very different.

Source: http://www.radioaustralia.net.au/international/radio/program/asia-pacific/east-timor-and-china-move-closer/1296790

China, Timor-Leste announce all-round cooperative partnership

Xinhua - April 8, 2014

Beijing – Chinese President Xi Jinping met with Timor-Leste's Prime Minister Xanana Gusmao on Tuesday and both announced to forge an all-round cooperative partnership between the two countries.

China and Timor-Leste always respect, cooperate and treat each other equally in a friendly way, Xi said during their meeting at the Great Hall of the People in downtown Beijing.

He said the Chinese side is willing to establish an all-round cooperative partnership featuring neighborly friendship, mutual trust and reciprocity, respect for the development path chosen by the Timor-Leste people, and firm support for each other on issues regarding core interests and major concerns.

Xi proposed that the two sides expand bilateral trade and mutual investment, boost cooperation on infrastructure, inter-connectivity, energy, agriculture and the construction of special economic zones and increase cultural and people-to-people exchanges.

Recalling Chinese police officer's participation in United Nations peace- keeping missions in Timor-Leste, Xi pledged that the Chinese side will continue to provide assistance as much as it can in the southeast Asian country's efforts for stability and development.

Gusmao applauded China's endorsement for Timor-Leste's economic and social development, adding that China has played an important role in promoting stability and prosperity of the region as well as the world at large.

The decision to elevate the bilateral relationship is of strategic significance for Timor-Leste, Gusmao said, adding that his country, as a newly-independent one, is striving for unity, stability and development, and looks forward to more assistance from and closer cooperation with China.

Timor-Leste will proactively take part in the construction of the maritime silk road proposed by China and would welcome more investment from China, Gusmao said.

Timor-Leste is ready to contribute to cementing the relationship between Portuguese-speaking countries and China, said the prime minister.

Source: http://news.xinhuanet.com/english/china/2014-04/08/c_133246344.htm

Walking Together: Australia's chequered history in Timor-Leste

Right Now - April 1, 2014

Leona Hameed – Charles Scheiner has worked for La'o Hamutuk ("Walking Together" – the Timor-Leste Institute for Development Monitoring and Analysis) since August of 2001, a year and a half after the Timorese NGO was formed. At that time, Charles explains, Timor-Leste was governed by the United Nations. The World Bank was the de facto development ministry, and the IMF ran finance. Aid agencies from around the world had descended on Timor-Leste after the end of Indonesia's illegal military occupation, and most had little knowledge of the country and its people.

La'o Hamutuk is an independent Dili based organisation that researches, analyzes and publishes about political, economic and social rights in Timor-Leste, advocating for sustainable, equitable, transparent development. In those early days, La'o Hamutuk spent much of its time explaining to Timorese people, who had been isolated by occupation and struggle, who these international agencies were and what they had done around the world.

It quickly became clear, he says, "that the need for information was in both directions, that many of the foreigners who came to Timor-Leste to work for international agencies were conscientiously trying to do a good job, and they realised they didn't know nearly as much about Timor-Leste as they needed to."

Over the years after Timor-Leste restored its independence in May of 2002, La'o Hamutuk was learning the same lessons that the global aid industry was realising worldwide about the ineffectiveness of foreign aid. "We found the same weaknesses in every project we monitored – they didn't address the community's real needs; they didn't build on local skills, traditions and societal structures; they particularly excluded women. You can't develop a state or an economy in one-year projects – as soon as donor money stopped, the project collapsed, with negligible lasting benefits." Development agencies were doing hardly anything for sustainable development.

Therefore, La'o Hamutuk stopped investigating particular aid projects and focused on sectors: the economy and petroleum dependency, land rights, justice and seed policy to name a few. "There's a huge gap been the small upper class and the impoverished majority in Timor-Leste, between the capital Dili and the rural districts. Short-term needs are often prioritised over long-term investment in Timor-Leste's people. So we continue to advocate for more attention to education, especially primary education, more attention to health care particularly in rural areas, and infrastructure in rural areas."

La'o Hamutuk has agreed to have us republish some of its work at Right Now. We spent some time interviewing Charles about which areas of human rights he thinks are the most important in Timor-Leste.

Right Now: What do you think are the most important human rights challenges facing Timor-Leste at the moment?

Charles: La'o Hamutuk defines human rights in a broader way than only civil and political rights. Civil rights are important, but economic, social and cultural rights are also important. Here, unfortunately, the priorities, especially from certain international agencies and political leaders, isn't about rights as much as about "security." And they, particularly in Australia, seem to think that security is something provided by soldiers and police and threat of force or prison. And so a large part of Australia's support has been in those areas: there's a very large Australian police training program here and Australian soldiers were here until the end of 2012.

People in Australia define security as meaning that their kids will get an education, they'll have a roof over their head, they'll have a pension when they get too old to work, they're not going to lose their job. The aid agencies marginalise this as "human security." Is that less important than the "security" that people patrolling with guns can provide? We think that Timorese people have the right to the same kind of "security" as people in Australia or any other affluent country.

For example, in an average year around 60 Timorese people are killed by homicide, by deliberate violence, while about 1500 Timorese children under the age of 5 die from conditions that could be prevented by better sanitation, nutrition and health care, not to mention all the people over five whose lives are shortened from these failures. We think that the larger group is where donors and government should focus their activities and policies.

Unfortunately, many donors, particularly when there was a UN peacekeeping mission here, don't see that as a priority. It's starting to change – but not quickly enough. Child malnutrition, illness and mal-education can create permanent damage, especially in this country whose post-war baby boom produced large number of children under 10.

Most adolescents and adults in Timor-Leste suffer from Post-Traumatic Stress Disorder from their experiences during 24 years of incredibly brutal war and violent, repressive occupation by the Indonesian military. Which means that when there are rumours of violence or rumours that somebody is going to do something, people overreact. They get scared, they get dysfunctional, they run away, they build walls around their houses – even if there's not really that much danger. This feeds into the government and the donors feeling that they should protect people from whatever perceived immediate danger they're afraid of, rather than looking into longer-term, more fundamental needs. Last night I was in a discussion about health care policy, and someone asked why the government doesn't give much attention to mental health. Others asked why they didn't focus on preventive health measures like nutrition and sanitation, but mental health is particularly ignored and that would probably do more toward making people feel secure than police and soldiers and courts. So in terms of human rights, the rights in the International Covenant on Economic, Social and Cultural Rights are the ones La'o Hamutuk prioritises. Timor-Leste is living in an oil-fueled economic bubble which may break in six years, and the current reality of buying off potential troublemakers and importing everything from water to health care will no longer be possible.

That doesn't mean that civil and political rights are not also important; examples like the proposed law to restrict journalists show that they cannot be taken for granted. But the level of repression in Timor-Leste these days is infinitely better than it was during the Indonesian or the Portuguese time. You could say that, to a large extent, civil and political rights have been achieved, not entirely, but we do have democratic elections and freedom of speech. People are not afraid to speak out.

What do you hope Australian audiences will learn about our country's relationship with Timor-Leste from this series?

La'o Hamutuk wrote a submission to an Australian parliamentary inquiry about a year ago that discusses some important issues in the relationship between our governments.

In terms of people, I think most Australians have a pretty distorted view of the reality of Timor-Leste. It's basically the result of reading articles by journalists who aren't here, and don't know what happens day to day. They only pay attention when there's a crisis or threat of violence. So that's the only thing that gets written about internationally, but that's not the reality of this country.

Imagine what a Timorese person's picture of Australia would be if they only had access to stuff written about Australia by people who've never been to Australia, or by people who went to Australia for two weeks four years ago when there was an election or a coup. And then they kept writing about the country, because that's what the Australian coverage is like here. It continues the tradition of racism, neo-colonialism, of British-empire mentality that still persists in many settler countries dominated by white people, but I think particularly in countries like yours and mine [Charlie is originally from the United States]: that brown people are somehow inferior. We talk about the "undeveloped" world and the "developed" world as if the "developed" world is somehow better, and that influences not just the journalists' thinking but the day to day perceptions of people on both sides of the Timor Sea.

Let me tell you a story. About four years ago, there was a problem with Australian soldiers creating unease in the community, and we put out a press release and went to talk to the Australian ambassador. He invited the ISF (Australian-led International Stabilisation Force that was in Timor- Leste 2006-2012) commander, who had not been here very long. We asked the commander "What kind of training do Australian soldiers get about Timor- Leste before they come here, because if all they know about Timor-Leste is what they read in Australian newspapers or see on Australian television, they have a very distorted picture of the country."

And the Commander said "Oh don't worry about that, we don't give them any training but they don't have those misconceptions because our soldiers don't read the media, all they do is watch sports."

What does it mean that they don't think it's necessary to orient armed people before you helicopter them into traumatised local communities? I don't think Australia would be very happy if a bunch of Indonesian soldiers were to suddenly fly into a village in rural Australia and start walking around with guns, asking political questions through interpreters, as they didn't speak a word of English? Australians' inability to see how they're perceived is a problem across the board. Of course not everybody, there are many Australians with goodwill, some of whom are here. These days, La'o Hamutuk gives briefings for people who come with AusTraining and AVI – two organisations which recognise that volunteers who come here should learn something about the country

The thing that's really dominated the news cycle in Australia in terms of Timor-Leste for the last few months is the Timor Sea oil treaties and allegations of spying. What's your take on that news story and how do you see it playing out?

I spend a lot of time talking with Australian journalists (by phone or email because they rarely come here) to help them see this from Timor- Leste's point of view, including the 50-year history of Australian duplicity and greed. And it's hard, because most Timorese who are not official spokespeople don't want to talk to Australian media about this issue. They've been quoted out of context or mistranslated or their words were twisted by the "enemy's" media, and it makes them look like traitors.

Australia is Timor-Leste's adversary in this issue, and many people see Australia as not only the country that has stolen and continues to steal billions of dollars' worth of oil and gas that Timor-Leste has a legal right to and desperately needs, but also as complicit with the first 23 years of Indonesia's illegal occupation.

Australia prioritises its own interests above law and diplomacy. Of course, every country looks out for its interests but I think Australia is more extreme, overriding mutual respect and democratic processes to maximise its income. The history of Australian maritime boundary negotiations with other countries, not only Timor-Leste, shows that it's very difficult for Australia's neighbors to resolve their boundaries because Australia fights hard for its economic interests. It took many years to negotiate the 2004 treaty between Australia and New Zealand, over a tiny part of the sea with no known resources under it, and other boundaries around Antarctica are still unresolved. Australia is not only a "lucky country," it drives a ruthless bargain.

This mindset continues a colonial history that starts with terra nullius – that the world is there for us to take, even if brown people are in the way. And even though that isn't the overt ideology anymore, it still unfortunately underlies a lot of actions. Getting the Australian government to genuinely respect Timor-Leste, not just on paper, as a sovereign nation with the same rights as Australia – in terms of treaties, negotiations, vote in the UN General Assembly, respect for its territory – is very challenging. The condescending attitude about how generous Australia is to Timor-Leste from Alexander Downer and other Australian leaders is wrong on the facts – Australia has taken much more from Timor-Leste than it's given, even if you count every dollar attributed to Australian military and economic aid, most of which never comes to Timor-Leste. I don't know how to break through that paternalistic superior mindset.

This is not only about past crimes. Today, Australia continues to occupy about 40% of the Timor Sea oil and gas reserves that belong to Timor-Leste under current international legal principles – including all of Bayu-Undan and Sunrise, as well as Laminaria-Corallina, which has paid more than $2 billion to the Australian government since beginning production in 1999, and not one penny to Timor-Leste.

Imagine I'm your wealthier, older neighbor. Twenty years ago, I broke a window in your house and took everything you own. These days, I use the key I stole then to sneak into your home every Friday night and take $100 out of your wallet. I paid for part of the new window and always leave a nice note on your kitchen table, but no matter how sweet my words are, you're still angry with me. Why don't you just get over it!

Timor Sea stake up for grabs

West Australian - April 10, 2014

Peter Klinger – Thailand's PTTEP hopes to sort out the ownership structure of its Timor Sea assets, including the big Cash-Maple gas fields, by the end of the year but says it is open to retaining a minority stake.

In the company's first comments on the proposed sell-down, PTTEP deputy chief executive Montri Rawanchaikul told the Australian Petroleum Production & Exploration Association conference in Perth yesterday the scale of Cash-Maple's development meant the company needed a partner.

PTTEP is yet to reveal the size of Cash-Maple's resource, which is expected to be several trillion cubic feet of gas. Its location, 680km west of Darwin, makes it a potential gas source for the ConocoPhillips-led Darwin LNG consortium.

"We would look to conclude the process this year," he said. Whether the process results in PTTEP selling out completely or just a majority stake remained to be seen, he added.

PPTEP has repeatedly said it wants to begin front-end engineering and design work on Cash-Maple this year as part of a path to first production by 2019.

Mr Rawanchaikul said the development options were floating LNG or a land- based option, and agreed that Darwin was the logical onshore location.

The sales process includes the high-profile but less important Montara oil field, which began production in June. PTTEP bought the in-development Montara project off the Gorgon Martin-run Coogee Resources in 2008 but attracted global headlines a year later when a well leaked and caused an explosion and one of Australia's worst offshore environmental disasters.

The opportunity to buy Cash-Maple adds to the intrigue over how ConocoPhillips and its Darwin LNG partners plan to keep the one-train plant full of gas beyond this decade.

ConocoPhillips and partner Karoon Gas are busy drilling permits in the Browse Basin to determine how much gas is contained in their Greater Poseidon project area, though a Darwin development would require a long and costly pipeline.

ConocoPhillips and one of its Darwin LNG partners, Santos, are also part of the consortium that owns the Caldita-Barossa fields 270km north of Darwin, which could also become Bayu-Undan's replacement.

Source: https://au.news.yahoo.com/thewest/business/wa/a/22515134/

UMS, Timor-Leste ink MoU on oil and gas industrial training cooperation

Bernama - April 2, 2014

Kota Kinabalu – University Malaysia Sabah (UMS) and the Timor Leste's Petroleum and Mineral Resources Ministry and its Education Ministry today signed a Memorandum of Understanding (MoU) for cooperation in oil and gas (O&G) related training industry.

Through the MoU, UMS would provide skills in (O&G) industry training for the selected participants from Timor-Leste. The MoU would allow 30 Timor- Leste students to study for certificates and diplomas as the first batch at the university.

UMS was represented by Vice-Chancellor Prof Datuk Dr Mohd Harun Abdullah while Timor-Leste by its Education Minister Bendito dos Santos Freitas. Sabah Yang Di-Pertua Negeri Tun Juhar Mahiruddin and Timor Leste Prime Minister Xanana Gusmao witnessed the signing ceremony.

Earlier, Gusmao was conferred with an Honorary Doctorate in International Relations by UMS in a commemorative convocation ceremony at the university's Chancellor Hall, here.

Mohd Harun in his congratulatory speech, welcomed the 38-member delegation from Timor-Leste to UMS, and hoped there would be a strengthening of ties between the two parties.

He said UMS had embarked on a concentrated effort to develop skilled manpower required to support the ever-expanding industry in Sabah.

"Through UMS's Faculty of Engineering and Information Technology, the first-ever Masters in Engineering Course to be offered in Malaysia specialising in the field of oil and gas was realised with the first intake of coursework graduate students in mid-2011.

"We are also set to roll out a new undergraduate Bachelor's programme in Oil and Gas Engineering, which is expected to have its inaugural batch of enrolments in September 2014," he said. He said the faculty had introduced 10 engineering diploma programmes in the areas of process, instrumentation, mechanical, electrical and utility engineering whereby five programmes would be offered at the executive diploma level and five programmes at the regular diploma level.

"The faculty continues to strive towards offering more academic programmes tailored towards the oil and gas industry primarily to support the demand for skilled manpower in this industry, which is estimated to be 16,000 jobs annually across Malaysia.

He said the establishment of the engineering faculty had become the main motivation for UMS to make an historic visit to Timor-Leste last February and meet the country's top official to offer its assistance to develop the newly-formed nation's human resources.

Mohd Harun said with the courses offered ranging from diploma up to postgraduate levels, UMS would be able to provide a very comprehensive and complete range of skilled training required by the Timor-Leste's Ministry of Petroleum and Mineral Resources.

Today, Gusmao also launched a UMS-Timor Leste liaison centre, located in UMS Chancellory building's research gallery. The centre will coordinate and strengthen ties with the republic.

This morning Gusmao received a courtesy call from Sabah Chief Minister Datuk Seri Musa Aman in Sutera Harbour prior to the event at the university.

Source: http://www.bernama.com/bernama/v7/ge/newsgeneral.php?id=1027197

Economy & investment

The double digit disappears

La'o Hamutuk - April 8, 2014

Timor-Leste's leaders often boast that the country's non-oil Gross Domestic Product (GDP) is growing more than 10% per year faster than global inflation – that is, at "double-digit rates."

For example, last week the Prime Minister told potential investors in Malaysia that "Since 2007, our average growth rate has been 11.9% and the Asian Development Bank predicts double digit rates of growth will continue into the future."

However, the World Bank's East Asia Pacific Economic Update (Timor-Leste section), released yesterday, tells a different story, as do the ADB's Asian Development Outlook (Timor-Leste section) published last week, the IMF's Article IV Report on Timor-Leste from December 2013, and the RDTL Ministry of Finance's analysis two months before that.

It's not a very optimistic story, but it's true and should be a key input into policy-making. The World Bank predicts that in 2015 Timor-Leste will be the fifth-fastest growing country in the region, although last October's the Bank had us in second place.

When Timor-Leste's Ministry of Finance proposed the 2014 State budget last October, it reduced its earlier estimate of 2012 GDP growth from 10.6% to 8.1%, as well as reducing its projection for 2013 growth from 10.6% to 8.2%. For past years, international agencies use the Government's figures, so they followed suit.

The Ministry also lowered projections for future growth. The international agencies make their own projections, and they lowered them even more than the Government did. The IMF and World Bank now predict that non-oil GDP growth will decline gradually, to 7.7% by 2015. After that, they expect Government spending to increase, especially on large infrastructure projects, which will stimulate more rapid GDP growth. Sadly, nobody anticipates significant growth in the productive GDP (agriculture and manufacturing) for at least the next several years.

Overestimating future GDP growth could cost Timor-Leste many millions of dollars. Last October, the invitation to build and operate the Tibar Port told potential bidders that "Timor-Leste's economy is growing strongly and IMF predicts real non-oil GDP growth of at least 10%, over the next 5 years." Companies have now been pre-selected, and bids for this Public Private Partnership will be invited this month. If port traffic turns out to be less than expected (the recent revisions of GDP estimates would reduce it by 16% or more), Timor-Leste may have to compensate the company for its reduced income.

GDP is not a good way to measure equitable economic development. GDP counts dollars, not people, so poor people are not represented. An economy can have high GDP growth at the same time that more and more people are living in poverty – indeed, that is Timor-Leste's situation since 2007. In addition, rapid population growth reduces GDP's benefits for each individual or family, and national inflation has been much higher than global inflation, separating "real" GDP from its purchasing power for poor and middle-class people.

More than three-fourths of Timor-Leste's GDP comes from exporting non- renewable oil and gas reserves, which also provide around 93% of State income. However, the non-oil GDP discussed above excludes this part of the GDP, unlike statistics for other countries. The World Bank explains that non-oil GDP is "Timor-Leste's preferred measure of economic activity" because it is more responsive to policy decisions than oil, which is extracted by foreign companies and sold on the global market. Timor-Leste's oil revenues peaked in 2012 and will decline over the next decade, so that total GDP growth will be negative during most of that time.

Another problem is that the non-oil GDP is largely derived from State spending (of oil money). In fact, without government-driven construction, public administration, and large parts of trade and real estate, non-oil GDP is stalled. Productive sectors – manufacturing and agriculture – were larger in 2003 than in 2011 (the latest available data), even without adjusting for population growth.

The IMF will publish an updated World Economic Outlook later this month. Will that be the report which finally gets Timor-Leste's decision-makers and private sector to focus on the difficult, unglamorous task of developing agriculture, light industry, appropriate tourism and food processing to reduce our 98% trade deficit and create an economy which doesn't depend on spending dwindling oil reserves? There isn't much time left.

[Adapted from http://laohamutuk.blogspot.com/2014/04/the-double-digit- disappears.html, which includes many links, two tables and three graphs.]

Analysis & opinion

Protecting the young in a new nation: Youth in Timor Leste

Right Now - April 10, 2014

Forum Tau Matan – The tiny half island nation of Timor Leste is a young country in more ways than one. In the 2010 census it was found that 41.4% of the population was between the ages of 0-14. Decades of war and instability have contributed to a spectrum of human rights abuses involving children. A dearth of legislation protecting the rights of children has exacerbated the vulnerability of Timorese children and youth.

Despite having ratified the Convention on the Rights of the Child (CRC) in 2003, Timor Leste's government has yet to incorporate these principles in domestic law. Though the country's Constitution makes some provisions for protecting children, the ratification of these laws in the internal legal system is not yet in motion.

Approval of the proposed draft laws, the Child Code and the Juvenile Justice Bill, have all but stalled despite intense advocacy from local and international child rights organisations.

Documented cases of children's rights abuses in Timor Leste begin from 1975 with the Indonesian occupation. A range of human rights abuses including physical, sexual and emotional abuse involving Timorese children have been recorded in the Chega! Report. Post-independence research since 1999 has been less prevalent. However, several studies conducted by international non-government organisations have revealed that instances of child abuse in communities are mostly resolved through traditional forms of resolution.

Alongside traditional mechanisms at the suco (village) level are the 13 government funded Child Protection Officers (CPOs) and Social Animators in all districts. CPOs are responsible for monitoring and assisting families and children at risk, while the Social Animators role is in disseminating child protection information to local communities.

Recent studies by UNICEF have shown the ratio of children to CPOs in the districts is too high, making effective monitoring impossible. In addition, access to families with at risk children is often difficult to negotiate within the hierarchical structure of suco life.

Traditionally it is the Xefi Suco (village chief) who is ultimately responsible for decision-making and conflict resolution within the village. In a joint 2011 report by UNICEF and local organisation Ba Futuru it was found that many community leaders were not aware of the role of the CPO and Social Animator in their district.

One of the most concerning areas of child protection in Timor Leste is that of juveniles in detention. Timorese human rights NGO Forum Tau Matan regularly conducts prison-monitoring visits in Dili's sub-district prisons of Becora and Gleno. Instances of rape and physical abuse of juvenile detainees have been found by FTM staff on their monitoring visits.

FTM's Director Ana Paula Sequiera says that detaining children and adults convicted of serious crimes together puts juvenile detainees at risk.

"The biggest concern for youth in prisons is that they are housed alongside adults who are convicted of crimes like rape and murder. This leaves them exposed and at risk of serious trauma and rights abuses."

Ms Sequeira believes that a separate detention facility for juvenile offenders is the first step towards reducing vulnerability.

Secondly, many offenders often have little to no contact with the public defenders responsible for progressing their case in the courts. Indefinite detention, lack of rehabilitation programs and a lack of counseling and health services often compound the vulnerability of accused detainees.

While there is yet room for improvement in creating a robust legal framework for the protection of children, there are some elements of the traditional community resolution systems that may at least in the case of juvenile offenders, provide some respite.

"The benefit of the suco council system is that youth accused of small crimes are able to have their cases dealt with at a community level without needing to progress it to the legal system." Says Ms Sequeira.

The merits of having petty crimes addressed within a community are that young offenders do not enter an as yet developing legal framework that in some cases places them at risk through their indefinite detention.

Developing informal systems of justice alongside formal mechanisms will require many Dili-focused international consultants and Ministerial staff to shift their focus to the districts. Supporting a community's ability to monitor vulnerable families, recognise at risk children and develop new and existing protection mechanisms are some suggestions made by UNICEF and supported by organisations like FTM and Ba Futuru.

Timor Leste has made some impressive improvements in some areas of children's rights such as health, in particular malnutrition and malaria. Integrating the full gamut of human rights as addressed in the CRC will continue to test the fledgling nation.

Developing a robust legal framework can begin with the passing of the Child Code and Juvenile Justice Bill. Supporting infrastructure will also be necessary to implement these protection mechanisms for children and young people.

Forum Tau Matan, located in Dili, Timor Leste, is an organisation dedicated to human rights and youth issues in Timor Leste.

Source: http://rightnow.org.au/topics/children-and-youth/protecting-the-young-in-a-new-nation-youth-in-timor-leste/

Having it both ways: Australia's conflicted position in the Timor Sea

Right New - April 8, 2014

Sarita Ryan – According to Alexander Downer, former Australian Foreign Minister and subsequent board advisor to Woodside Petroleum, a country's reputation is on the line. Downer claims that Timor-Leste's appeal to terminate a key treaty with Australia in the Permanent Court of Arbitration reveals the tiny nation to be an unruly negotiator:

'This is exactly why developed countries are reluctant to invest in developing countries. The sovereign risk is too high. An agreement, a law, a treaty is only okay when it suits the government – East Timor will win a reputation for being unreliable with no leverage to gain extra revenue from its reckless policy. As a person who did so much to get East Timorese their independence, that makes me sad.'

Recent proceedings have suggested that it might be Australia, rather than Timor-Leste, that is currently most at risk of gaining a bad reputation. When Sir Eli Lauterpacht, Timor-Leste's leading counsel at the International Court of Justice, dubbed ASIO's confiscation of evidence 'improper and inexplicable', Australia's legal team responded to the assertions as 'wounding'. Unfortunately for Australia, hurt feelings didn't translate into a legal high ground in the ICJ, and it's possible there are more sad faces to come; the ANU's Donald Anton notes that if Timor-Leste's allegations prove true, and Australia is found to have gained an unfair advantage in treaty negotiations through spying on Timor-Leste, Australia may earn the dubious distinction of being the first known state to have a treaty declared invalid on account of fraud (under Article 49 of the Vienna Convention on the Law of Treaties). Australia may well be losing the image game in its dealings with Timor-Leste.

For decades, Australia has sought to carefully manage the conflicting positions of its desire for resource control in the Timor Sea and its image as a nation aligned with the moral principles of sovereignty and self- determination. It is now looking increasingly like Australia may not be able to have it both ways. Contrary to Downer's claim, the arbitration case concerns more than the gain of 'extra revenue' in Timor-Leste. Certainly, this is a case about oil and espionage, fair resource distribution and good faith in agreements between nations. However, the drama surrounding the spying scandal is something of the tip of an older issue: Timor-Leste's ongoing struggle to become an independent, sovereign state, complete with maritime boundaries, and Australia's fraught position in this process.

La'o Hamutuk, a prominent Timorese civil society organisation, has held several briefings for local and Australian journalists over the past few months to clarify a significant degree of confusion surrounding the case, including an often repeated claim that Timor-Leste's arbitration case is seeking to redraw Australian/Timorese maritime borders. The organisation stressed that permanent maritime boundaries have never been set between Australia and Timor-Leste, rather, previous agreements have related to the division of resources in the Timor Sea. In taking the present case to the Permanent Court of Arbitration, Timor-Leste is seeking not only a re- division of oil and gas reserves in the Timor Sea, but the establishment of maritime boundaries in accordance with international law, a persistent issue since the beginning of Australian/Timorese resource negotiations. As Juvinal Dias, a researcher at La'o Hamutuk, stressed, '(the arbitration case) is not just about oil. It's about sovereignty – This struggle is like the struggle for independence.'

The story of Australian and Timorese oil and gas negotiations has been well documented, but is necessary to revisit in order to chart Australia's long-term strategy in the Timor Sea. Discovered by Woodside Petroleum in the early 1970s, the untapped resources in the Greater Sunrise field, worth an estimated $40 billion, proved highly influential on Australia's position regarding an independent Timor-Leste. In 1974, reflecting global trends in maritime agreements, Portuguese Timor advocated for resource sharing along a median line between the two countries, under which Australia would have received little or nil of the resources. On the contrary, precedent suggested that Indonesia would be far more amenable to Australia claiming a significant proportion; Indonesia and Australia had previously negotiated maritime boundaries based on the outdated 'continental shelf' principle, resulting in a deal that was referred to in Indonesia as 'Australia taking us to the cleaners'. The following diplomatic cable, from the year prior to the collapse of Portuguese colonial rule and Indonesia's subsequent invasion of Timor- Leste, reveals the extent to which resources were at the forefront of Australian concerns, coupled with a need to maintain an image of impartiality:

'The Indonesians would probably be prepared to accept the same compromise as they did in the negotiations already completed on the seabed boundary between our two countries. Such a compromise would be more acceptable to us than the present Portuguese position. For precisely this reason however, we should be careful not to be seen as pushing for self-government or independence for Portuguese Timor or for it to become part of Indonesia, as this would probably be interpreted as evidence of our self-interest in the seabed boundary dispute rather than a genuine concern for the future of Portuguese Timor.'

In 1975, Australia chose to adopt a 'realist' rather than 'idealist' position on Timorese self-determination, which was argued to provide not just greater regional stability, but greater possibilities for resource access. This famous letter from Richard Woolcott, Australian Ambassador to Indonesia in 1975, provides the background of Australia's tacit approval of the Indonesian annexation of Timor-Leste:

It would seem to me that (the Australian) Department (of Minerals and Energy) might well have an interest in closing the present gap in the agreed sea border and that this could be much more readily negotiated with Indonesia – than with Portugal or independent Portuguese Timor – I know I am recommending a pragmatic rather than a principled stand (regarding Indonesian annexation) but this is what national interest and foreign policy is all about.'

This 'pragmatic' position proved highly profitable for Australia. Following Indonesia's 1975 invasion of Timor-Leste, Australia and Indonesia signed the Timor Gap Treaty (1989). By this stage, the 1982 UN Convention on the Law of the Sea (UNCLOS) had come into effect, establishing the median line principle as the basis for setting maritime jurisdictions between countries less than 400 nautical miles apart. However, in a highly favourable deal to Australia, the Timor Gap Treaty divided the resources between the 1972 boundary and the median line equally. The treaty proved extremely profitable, with Australia netting more than $2 billion in government taxes from the Laminaria-Corallina fields alone. These fields are now largely depleted. In the late 1990s, the growing surge for independence in Timor- Leste threw all previous agreements between Indonesia and Australia into doubt. In anticipation, Australia withdrew its recognition of the maritime boundary dispute jurisdiction of the International Court of Justice and the International Tribunal for the Law of the Sea, just two months prior to Timor-Leste's declaration of independence. At the time, Downer asserted that it was it was Australia's 'strong view is that any maritime boundary dispute is best settled by negotiation rather than litigation.' Timor Sea agreements between the newly independent Timor-Leste and Australia were then negotiated directly between the two countries, without reference to UNCLOS. The resulting Timor Sea Treaty (signed in 2002, ratified in 2003) established that fields in the Joint Petroleum Development Area (JPDA), such as Bayu Undan, are shared via a 90% (Timor-Leste) and 10% (Australia) split, an improvement on the 50/50 split under Indonesian rule. This appears considerably more equitable than the earlier arrangement; however, it must be kept in mind that Australia would not be entitled to any of these resources under the median line principle. During the negotiations, Timor-Leste repeatedly tried to raise the issue of permanent maritime boundaries along a median line, prompting this well documented outburst from Downer:

'We don't have to exploit the resources (in Bayu Undan). They can stay there for 20, 40, 50 years. We are very tough. We will not care if you give information to the media. Let me give you a tutorial in politics – not a chance.'

Another key problem of the Timor Sea Treaty was its link to the Sunrise- International Unification Agreement (referred to in this article as the 'Sunrise Agreement'). Despite the Greater Sunrise field falling entirely in Timor-Leste's maritime territory under UNCLOS, the Sunrise Agreement stated that less than 20% of Greater Sunrise lay within the JPDA, with the remaining 80% assigned to Australia. Australia would not ratify the Timor Sea Treaty until Timor had signed the Sunrise Agreement, delaying desperately needed cash flow to Timor from Bayu Undan. At the time, Greens Senator Bob Brown accused the Howard Government of 'blackmail', and was suspended from the Senate for the day as a result. Timor-Leste is now claiming, through its case at the Permanent Court of Arbitration, that Australia was well aware of its desperate position through the bugging of government offices in Dili, and that these agreements were made in bad faith on Australia's part. Timor-Leste resisted ratifying the Sunrise Agreement for years after signing it, and in 2006 the Certain Maritime Arrangements in the Timor Sea (CMATS) Treaty was devised as a compromise, giving each country a 50% share of Greater Sunrise. The treaty also came with the condition that Timor-Leste would not raise the issue for another fifty years, thus effectively closing the possibility for Timor-Leste to set permanent maritime boundaries, at least until after Timor Sea oil and gas reserves had been exhausted.

As far back as 1974, it was acknowledged in Australian government circles that it was important to balance Australia's resource aspirations with establishing a cooperative relationship with an independent Timor-Leste: 'If Australia thus became a focus of antagonism, we would almost certainly lose much of our capability to influence or assist a newly independent government' (38 Cablegram to New York, 1974). Australia is acknowledged as a key actor in Timor-Leste's independence narrative; our assistance through the INTERFET peace keeping force during the 1999 independence referendum and subsequent violence is well remembered and appreciated, and AusAID (now DFAT) contributes roughly $116 million per year in aid expenditure, making Australia Timor's largest bilateral donor. However, it has also been well noted that Australia's profits from Timor Sea reserves, both during Indonesian occupation and post- independence, far outweigh the costs of any military and humanitarian assistance to Timor-Leste. As Dias exclaimed during our conversation: 'You can't give me a hand and take my arm!' That the alleged spying occurred under the cover of an AusAID program is uncomfortably symbolic of Australia's long-standing position towards Timor-Leste/East Timorese sovereignty and Australia's economic self- interest in the Timor Sea have never sat easily together.

In January 2014, Downer wrote an opinion piece promoting Australia as a responsible international citizen after a series of attacks by the ABC and others, describing such criticism as a 'standard practice at the ABC. Whenever a foreigner criticises us, it's always our fault.' Downer describes CMATS as an act of charitable goodwill by the Australia government: 'In 2006 we struck a deal with the Timorese: we'd give them 50 percent of the revenue (of Greater Sunrise) because they were poor and we were rich. We didn't really need the money to the extent that they did.'

Strikingly, not once in Downer's opinion piece does he mention the awkward reality of the median line principle and UNCLOS, which might suggest that Australia may have 'given away' that which was, in fact, not its to give.

The upcoming months may prove to be dramatic for the relationship between Australia and Timor-Leste. It could well be that Australia walks away from the Permanent Court of Arbitration not just with the loss of Greater Sunrise, but with an unenviable reputation as a country that conducts international agreements in bad faith, and exploits small, poor countries for its own economic gain. The game may well have changed. If Timor-Leste is successful in the Court, it will certainly seek to establish its own permanent maritime boundaries, in accordance with the median line principle. For Timor-Leste, this would be the conclusion of a struggle for self-determination spanning forty years. For Australia, it may well prove to be a clear sign that its economic self-interest in the Timor Sea is simply at odds with both the sovereignty of its tiny neighbor, and principles of international law. Perhaps having it both ways was never really possible.

[Sarita Ryan is a teacher and researcher of labour, education and informal economies.]

Source: http://rightnow.org.au/writing-cat/article/having-it-both-ways-australias-conflicted-position-in-the-timor-sea/

Book & film reviews

East Timor's first feature film an emotional but rewarding experience

The Standard - April 1, 2014

Jarrod Woolley – Watching a woman come out of mourning for the first time in 31 years was one of the most moving moments in husband and wife filmmaking team Luigi Acquisto and Stella Zammataro's careers.

The pair were filming East Timor's first feature film, recreating an Indonesian massacre using people who had lost loved ones in the actual atrocity.

"In the film, we recreated a ceremony that is used to mark the end of the mourning period," director Acquisto said.

"While we were filming, an older lady removed her black garments to signal the end of mourning. That normally happens a year after someone's death. But that was the first time she had removed her black since the massacre in 1983. It was just incredible, and gave us the sense that lives are moving forward."

Acquisto and Zammataro were in Port Fairy on Friday night for a special one off screening of the film Beatriz's War, the story of one woman's passion for independence and justice, both for her nation and her soul.

Friday night's screening was the first of a regional tour through Victoria, New South Wales and Queensland before the film has a limited release in capital cities.

The film tells the story of Beatriz, who's husband Tomas is arrested after the Timorese resistance attacked Indonesian troops in the village of Kraras. In retribution for the attack, the Indonesians massacre the entire male population of Kraras.

Tomas disappears during the massacre but his body is never found. Beatriz then takes command of the village and holds on to the hope that her husband is alive.

The pair told The Standard on Friday that making the film was a moving, emotional and yet rewarding experience.

"We filmed in the village where that massacre happened, many in that village were there in 1983 when it happened," Acquisto said.

"Many of the women who lost husbands, brothers, sons and some of the men who survived all collaborated in choreographing that scene and taking part and informing us exactly how it happened.

"It was very emotional. There was no separation. When they re-enact the grief they are talking to the dead, the grief is real, they're not acting."

Acquisto said one of the most difficult things about making the film was funding. "There are no official sources of finance in East Timor for filmmaking, or really for the arts," Acquisto said.

"We had to start filming without any government money if you like. We put it together guerilla-style, raising money through different sources – crowd sourcing, fan club, sponsors and the support of our Australian crew."

Acquisto said the film was told primarily in the Tetun language and used a crew that was 90 per cent Timorese.

"We showed the film to Prime Minister Xanana Gusmao in a rough cut stage and he loved it," he said.

"He came on board and started supporting the film. Acquisto said he hoped the East Timorese government would continue to support the film industry. We hope it will make the arts blossom. There's a very rich culture in terms of music and performance, but not in terms of the arts as we know them."

[For more information visit www.aguerradabeatriz.com.]

Source: http://www.standard.net.au/story/2188221/east-timors-first-feature-film-an-emotional-but-rewarding-experience/?cs=383

East Timor News Digest 4 – April 1-30, 2014

Australia wins legal battle to suppress secret papers on East Timor

Sydney Morning Herald - April 3, 2014