East Timor back on the floor

East Timor

lan Williams reports from the United Nations, New York, on new concern over an old issue

IN November, Portugal filed its first memorial against Australia at the International Court of Justice over the Timor Gap treaty. But even outside the courtroom, the issue of East Timor began to hit the headlines again, after years of being swept under the carpet of the New World Order.

In January, Portugal assumes Presi dency of the European Community. It will undoubtedly use its position to give the question thorough ventilation.

On November 11, Indonesian troops fired on a crowd of Timorese in a cemetery where they were commemorat ing the earlier killing of one of their

compatriots, Roman Catholic Apostolic

Administrator, Monsignor Ximenes Belo, said the Indonesians were mount ing a show of strength to dissuade public shows of resistance during the Portuguese delegation’s visit scheduled for Novem ber. He claims the Timorese were threatened with deadly reprisals after the departure of the delegation. Indeed one American journalist reported being held on the ground with a gun to his head. He would never have risen if it weren’t that he could prove he was not Australian. A New Zealand journalist, less fortunate, died from his wounds.

Ironically the Portuguese parliamen tary delegation, which had caused the Indonesian build-up, had already been cancelled. The Indonesians refused to accept Australian journalist Jill Jolliffe as part of the media team accompanying the delegation as provided for in the UN brokered agreement.

The UN has for years avoided action on the issue by referring to the Secretary General’s efforts to arrange this del egation. Now that it has been cancelled, pressure will build up for further action.

UN sources say that the Indonesians were legally within the agreement by refusing a visa to Jolliffe, a well-known supporter of East Timor. But in public relations terms it did little for them.

Even the mooted candidacy of Indon esian Foreign Minister Ali Alatas for the position of UN Secretary General, re vived talk about East Timor, He did not mention it in his address to the General Assembly, but several commentators pointed out that his candidacy would not

be helped by having outstanding con

demnations of his country at the General

Assembly and Security Council.

At the ICJ, Portugal had joined Nauru in the queue to sue Australia, which is on the verge of getting “most sued nation”

status. This time the case is Australia’s ratification of the Timor Gap Treaty with Indonesia, which provides for joint exploitation of off-shore oil under the sea between what the treaty provocatively calls “The Indonesian Province of East Timor” and Australia.

The treaty took effect on February 9, 1990. Two days later in Bali the joint Australian and Indonesian Ministerial Council was discussing implementation.

This gave Portugal, which since 1985 had been firing diplomatic warnings at Australia, the opportunity to file charges with the ICJ at the Hague on February 22. Portugal claims that under Interna tional Law, East Timor is still a Portuguese responsibility, so Australia has no business making agreements with Indonesia, which invaded and incorpor ated East Timor in 1975.

The suit charges that Australia, by signing, ratifying and implementing the treaty, caused serious “legal and moral damage to the people of East Timor and

to Portugal, which will become material damage also if the exploitation of hydrocarbon resources begins”. Portugal also asked for reparations.

Professor Roger Clark of Rutgers University explained to PIM , “In ordi

nary legal terms, Portugal is accusing

Australia of receiving stolen property, and of being an accessory after the fact.

Far from giving away its own resources, it is engaged with an aggressor in sharing out somebody else’s”. He pointed out with topical relish that the first country to recognise the annexation was Iraq.

Unlike Australia, Indonesia has not joined the ICJ which “does not accom modate the laws of the world, which fact is reflected in its composition”, an Indonesian spokesman in Washington told PIM. But, he said, “We assume the ICC will look into the UN’s decision and verify implementation of the right of self determination. The East Timorese exer cised their legitimate right of self determination in 1976”.

Then, an Indonesian-controlled “People’s Assembly of East Timor de cided to formally request the Indonesian government to accept the integration of the territory”, □