Subject: UN: Note Verbale from Portugal
Date: Sat, 19 Jun 1999 14:42:49 +0000
From: "John M. Miller" <fbp@igc.apc.org>99-16554 (E) 070699 * A/54/50.
United Nations A/54/121 General Assembly Distr.: General 3 June 1999 Original: English
Fifty-fourth session Items 94 and 97 of the preliminary list *
Implementation of the Declaration on the Granting of Independence to Colonial Countries
and Peoples by the specialized agencies and the international institutions associated with
the United Nations
Question of East Timor
Note verbale dated 2 June 1999 from the Chargé d’affaires a.i. of the Permanent
Mission of Portugal to the United Nations addressed to the Secretary-General
The Chargé d’affaires a.i. of the Permanent Mission of Portugal to the United
Nations presents his compliments to the Secretary-General and has the honour to call his
attention to the information provided by the Mission in its note verbale of 2 June 1998
(A/53/135), as required by Article 73e of the Charter of the United Nations, the terms of
which remain valid.
Indonesia’s illegal occupation of East Timor continues to deprive the Government
of Portugal from de facto exercising its responsibilities regarding the administration of
the Non-Self- Governing Territory of East Timor. Therefore, Portugal cannot provide the
information required by Article 73 e of the Charter. However, the Government of Portugal
would like to draw your attention to the following information.
I. The United Nations-sponsored talks The New York Agreements of 5 May 1999
(A/53/951–S/1999/513, annexes I–III) meet Portugal’s main objectives
regarding the problem of East Timor, namely, the recognition of the right to
self-determination of the East Timorese and the definition of a United Nations mandate to
carry out a fair and free popular consultation and to ensure a peaceful transition process
in East Timor.
Since 1983, Portugal and Indonesia, through the good offices of the Secretary-General,
have been engaged in talks aimed at achieving a just, comprehensive and internationally
acceptable solution to this problem. These efforts have culminated in the signature of an
overall Agreement, which entrusts the Secretary-General with organizing and conducting a
popular consultation for the purpose of ascertaining whether the East Timorese people
accept
A/54/121 2 or reject a constitutional framework for special autonomy for East Timor
within Indonesia, which isappended to theAgreement.
The Agreement also requests the Secretary-General to establish immediately a United
Nations mission in East Timor for the purpose of conducting the consultation, which shall
be carried out through a direct and universal ballot to the East Timorese, both inside and
outside East Timor. It is also foreseen that the United Nations shall maintain an adequate
presence in East Timor during the interim period between the conclusion of the popular
consultation and the start of the implementation of either option.
Two supplementary agreements were also signed, on the modalities for the popular
consultation and on security arrangements, by which the parties agreed that a secure
environment, devoid of violence or other forms of intimidation, is a prerequisite for the
holding of a free and fair popular consultation and that the appropriate Indonesian
authorities have the responsibility to ensure such an environment and to maintain law and
order in the Territory. The United Nations shall ascertain whether the necessary security
situation exists for the peaceful implementation of the consultation process.
Portugal will respect whatever option is decided upon by the East Timorese through a
democratic consultation process. An interdepartmental working group has been established
under the coordination of the Secretary of State for Foreign Affairs and Cooperation to
define Portugal’s participation in providing assistance during the transitional
period under both scenarios — autonomy and independence.
But the United Nations will continue to play the leading role in the endeavour to
establish democratic government in East Timor. During the transitional period, the United
Nations should focus on institution- and capacity-building and on promoting a peaceful and
secure environment, namely, by assisting in the establishment and training of an East
Timorese police force.
Security Council resolution 1236 (1999) of 7 May 1999 confirms the United Nations
mandate as set out by the Agreements and requests the Secretary-General to keep the
Council informed on the implementation of the Agreements and the aforementioned
resolution.
An appropriate framework has thus been established to achieve a fair and peaceful
settlement. However, the situation in East Timor continues to be a cause of serious
concern. Although this has been acknowledged by Minister Alatas, no effective measures
have so far been taken to bring the armed militias under control or to hold accountable
those responsible for violence. Those militias, which continue to act in an unrestrained
manner, seek to bias the consultation through terror and intimidation.
II. The situation in East Timor Various reliable and independent sources converged in
denouncing arbitrary detentions, torture, disappearances and extrajudicial executions
throughout 1998. These sources included international human rights organizations such as
Amnesty International, Human Rights Watch, the East Timor Human Rights Centre, the East
Timor Observatory, local organizations such as the Justice and Peace Commission and the
Yayasan Hak Foundation, as well as government sources, including the conclusions of the
European Union (EU) Troika visit to East Timor in June 1998 and the United States State
Department’s report on human rights.
While noting some signs of greater political freedom in East Timor, these sources
reported that East Timorese continued to be persecuted, arbitrarily arrested or routinely
harassed for the peaceful expression of their convictions or because they were suspected
of supporting the armed resistance.
A/54/121 3 In June 1998, during the first visit by EU ambassadors to East Timor, the
envoys witnessed pro-referendum and pro-independence peaceful mass demonstrations. In Dili
and in other urban centres, tens of thousand of demonstrators chose to take to the streets
to express their aspirations, calling for independence and for the release of Xanana
Gusmão. In Dili, the police showed some restraint with demonstrators and no incidents
occurred but, in Baucau, on 29 June, a demonstrator was shot dead and six were wounded.
In the conclusions published after the visit, the EU ambassadors declared that it was
their impression that there would be no lasting solution in East Timor without a firm
commitment to some form of direct consultation of the will of the people. They also added
that there was an urgent need to promote immediate dialogue involving East Timorese
leaders and for the implementation of confidence-building measures. Possible measures
suggested by the EU Troika included the release of Xanana Gusmão and other East Timorese
political prisoners, as well as a visible and immediate reduction of Indonesia’s
military presence in East Timor, accompanied by the disbanding and disarmament of local
paramilitary organizations.
Although Indonesia publicly announced its intention to expedite the release of East
Timorese political prisoners, implementation of this commitment has been disappointing. In
fact, some 25 East Timorese prisoners were selectively released, but many more, including
Xanana Gusmão, are still imprisoned. The release of political prisoners, allowing them to
participate freely in the political campaign prior to the ballot, is a condition for the
organization of a democratic consultation process.
Indonesia has repeatedly declared that Xanana Gusmão would be released in the context
of a global solution to the problem of East Timor. There are no more reasons for any
delay. Xanana Gusmão is a member of the Peace and Stability Commission established in
Dili on 21 April 1999.
The Commission has been given a considerable role by the New York Agreements regarding
the elaboration of a code of conduct, by which all parties shall abide, and the process of
disarmament. However it has not been able to become operational, as some of its members
remain imprisoned and others are not able to attend meetings for security reasons.
Several attempts to revive this issue have been made by Xanana Gusmão, with the
support of the bishops of Dili and Baucau. Various foreign Governments have also expressed
their willingness to support a reconciliation meeting with a view to discussing the
aforementioned code of conduct. Portugal welcomes the announcement by the Government of
Indonesia that it has agreed that the first meeting would be held in Jakarta in mid-June
and that Indonesia would ensure the necessary security conditions for the participation of
the East Timorese in exile. This is an important step in breaking the cycle of violence in
East Timor. Indonesia should also comply with its commitment to reduce its military
presence in the Territory. In spite of the highly publicized withdrawal of some 1,000
troops, documents leaked from the Indonesian armed forces (ABRI) have confirmed that there
has not been an overall reduction in troops and there may even have been an increase.
According to ABRI documents leaked to the press, the number of troops may be as high as
20,000. This undoubtedly contributes strongly to the tension prevailing in the Territory.
According to the United States State Department, during 1998 military units and
civilian paramilitary forces continued to regularly detain civilians for interrogation;
most were held in extralegal military detention centres, often with no notification of
relatives, were mistreated for several days and were then released. Family members and
human rights monitoring organizations often encountered difficulties in identifying and
visiting those detained in such facilities. Following the fall of the Soeharto Government
in May, there were indications that
A/54/121 4
security forces in East Timor were being more careful in their handling of persons in
their custody, and local human rights monitoring organizations reported that complaints of
serious abuses had decreased. However, in November and December abuse of the civilian
population by security forces during operations in the Alas and Bobonaro areas following
attacks on security personnel was widespread.
On 13 November 1998, several soldiers entered the church in Alas and opened fire. The
priest and a Sunday school teacher were wounded, but managed to escape into the woods. On
the same day, the traditional leader (liurai) of the village of Taitudak was killed by
Indonesian soldiers. These actions were apparently in retaliation for the killing of three
Indonesian soldiers in a clash with the armed resistance on 9 November at a military post
in Mae. But according to some sources they were also part of a larger military operation,
which led to the detention of up to 30 East Timorese and the death of an undetermined
number of others. Several houses were burned, personal property was destroyed and many
villagers fled to the surrounding areas, went into hiding for fear of persecution or took
refuge in churches and schools.
The internal displacement of thousands of people has since become one of the most
striking features of the incidents in East Timor. Violence and intimidation by civilian
militias and paramilitary groups have led people to flee their villages in search for
safety. It has also made it harder for humanitarian organizations and for the church to
provide relief assistance. Diplomats who have visited East Timor, including the head of
the Portuguese Interests Section in Jakarta, have confirmed the difficult conditions these
people are living in.
In East Timor, there is a cycle of almost complete impunity for the perpetrators of
these violations, as allegations are generally not investigated by the Indonesian
authorities and perpetrators are not brought to justice. This type of impunity has been
particularly blunt where it concerns the violence caused by armed militias, whose attacks
on the defenceless civilian population have occurred with virtually no interference by the
Indonesian security forces. Leaders of these groups have gone so far as to issue threats
against officials of foreign Governments, journalists and non-governmental organizations
operating in East Timor. However, no legal action has been taken against them. Brining
these militias under strict control is a prerequisite for the establishment of a secure
environment for the popular consultation, scheduled for 8 August.
On 4 April 1999, following a confrontation between the armed militia group Besi Merah
Puti and pro-independence youths in the village of Date, around 3 kilometres from
Liquiça, around 2,000 people had taken refuge in the Liquiça church. On 6 April members
of the police mobile brigade from Dili gathered around the church claiming to be there to
protect the parish priest and those seeking refuge. However, at around 1 p.m. the members
of Brimob began firing tear gas canisters into the church grounds and firing shots into
the air. As people fled the compound to escape the tear gas they were attacked by members
of the Besi Merah Puti, who were armed with automatic rifles, machetes and other sharp
weapons. The number of people killed remains unclear. Estimates by local human rights
groups vary from30 to 57 people. Bishop Belo, who travelled to Liquiça with the East
Timor military commander, confirmed the seriousness of the incident.
Human rights organizations working in the area, including the Dili-based Hak
Foundation, were threatened by anti-independence groups. The International Committee of
the Red Cross, which attempted to visit the town, had to leave on two occasions because of
threats to its security.
The European Union issued a statement strongly condemning these acts of violence and
urging the Indonesian authorities to immediately intervene and stop such actions by
militias
A/54/121 5 by disarming them. The Union also urged the Indonesian authorities to hold
accountable those responsible for such killings and to do its utmost to preserve peace in
East Timor and to pave the way for a non-violent transition process.
On 17 April, several pro-integration militia groups spread throughout Dili and
committed a series of violent acts against civilians. They attacked and burned down
several houses, including the houses of Leandro Isaac and Manuel Carrascalão (both
members of the Conselho Nacional de Resistência Timorense). About 170 people had taken
refuge in Carrascalão’s house after the Liquiça incident. The militias blocked the
street in front of the house and attacked it. Many of the refugees became victims in this
attack, including the son of Manuel Carrascalão, who was killed. The militias also
attacked the office of the local daily Suara Timor Timur (Voice of East Timor), destroying
all the office facilities, alleging that the paper had always acted as a voice for the
anti-integration forces. There are also reports of arrests and torture of civilians. The
Indonesian security forces did nothing to prevent or to stop these attacks. The Irish
Foreign Minister, David Andrews, who was visiting Dili on that occasion, was in a meeting
with the military commander for East Timor when Mr. Carrascalão arrived to tell him his
house was being attacked. Minister Andrews said that the military was aware of everything
going on and did not do anything to intervene. On the following day, the Government of
Indonesia condemned these acts of violence. A senior aide to President Habibie told the
press that they were Indonesia’s responsibility, as Indonesian authorities were the
only ones on the ground.
On 20 April the EU Presidency issued a statement on behalf of the European Union
expressing its deep concern on the substantial escalation of violence in East Timor
(S/1999/488). The statement referred in particular to the attacks carried out by
pro-integration militias in Dili on 17 and 18 April, which resulted in the death of some
30 unarmed civilians and injuries of many more. The European Union expressed its
particular concern that these acts of violence occurred within a short distance of the
military command of the Indonesian armed forces stationed in East Timor and that those
forces did not intervene in order to prevent or stop the incident.
The European Union expressed its deep concern that the Indonesian authorities were
unable to prevent those attacks, resulting in the loss of innocent human lives. It again
reiterated its position that it remains the obligation of the Indonesian Government to
maintain and preserve security, stability and public order in East Timor, to disarm
militias and to hold accountable those responsible for the killings. Furthermore, the
European Union stressed that a United Nations presence in East Timor was urgently needed
to help prevent further violence.
The Community of Portuguese-Speaking Countries (CPLP) (Angola, Brazil, Cape Verde,
Guinea-Bissau, Mozambique, Portugal and São Tome and Principe) also expressed its concern
at the deteriorating situation in East Timor because of the violence caused by the armed
militias. CPLP considered that the continuation of those kinds of actions would jeopardize
the conditions for a free and orderly consultation of the East Timorese.
The attacks by the armed militias continued even after the signing of the New York
Agreements. On 17 May 1999, women and children fled to the hills after militias attacked
their neighbourhood, torching houses and firing guns. This led the United Nations
spokesperson in East Timor to issue an official statement calling upon the Government of
Indonesia to honour its pledge to stem violence in East Timor in advance of the popular
consultation. The United Nations insisted that determined action must be taken by the
appropriate Indonesian security authorities to curtail the activities of the armed
militias.
A/54/121 6 Disturbing reports that people are being gathered at centres to undergo
political indoctrination in view of the consultation and that public servants are being
forced to sign a written statement in favour of autonomy have meanwhile been received.
III. International pressure International pressure played a key role in the outcome of
the United Nations-sponsored talks. Throughout 1998 and particularly during the past
months, East Timor has received unprecedented international attention.
In December 1998, the Vienna European Council meeting encouraged the results of the
negotiations between Portugal and Indonesia. The European Union expressed its hope that
they would be followed by tangible progress on the ground, notably through a real and
substantial reduction in the Indonesian military presence in East Timor, the release of
Xanana Gusmão and other political prisoners and by the establishment of a permanent
United Nations presence in the Territory. The European Council also expressed its view
that a definitive solution to the East Timor question would not be possible without a free
consultation to establish the real will of the East Timorese people.
On 19 February the EU Presidency issued a statement reiterating this position and
welcoming the formal announcement by Minister Alatas of Indonesia’s new policy
towards East Timor at the ministerial meeting of 7 and 8 February (S/1999/223). In
particular, the European Union stressed the need for a free and comprehensive consultation
by the United Nations of the East Timorese and expressed its willingness to support the
organization of such a consultation.
The countries associated with the European Union (Bulgaria, Cyprus, the Czech Republic,
Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia) and the
European Free Trade Association countries members of the European Economic Area (Iceland,
Liechtenstein, Norway, San Marino and Switzerland) aligned themselves with that statement.
The United States of America also expressed its concern in the face of the Indonesian
authorities’ failure to safeguard civilians in East Timor and has called for the
disarmament of the armed militias. It has also called for a dialogue between East Timorese
leaders in order to reduce tensions.
On 7 May the European Union welcomed the signing of the New York Agreements, based on
the right to self-determination (S/1999/547). The EU considered those Agreements to be a
major breakthrough and underlined that, in this context, the immediate release of Xanana
Gusmão would be an essential element towards the success of the consultation process.
Furthermore, the European Union considered that security in East Timor remained crucial
for the holding of a free and fair ballot on 8 August 1999 and for an orderly and peaceful
transition in East Timor. It reiterated its view that it remained the obligation of the
Indonesian Government and its security forces to uphold peace and to guarantee security
for everybody in East Timor.
Other countries, including Australia, Brazil, Canada, Japan, New Zealand, Norway and
the United States have welcomed the agreement reached between Portugal and Indonesia and
have pledged to support the United Nations Mission in East Timor and to work closely to
support this process.
A/54/121 7 The Chargé d’affaires a.i. of the Permanent Mission of Portugal to the
United Nations has the honour to request that the present note verbale be circulated as a
document of the General Assembly under items 94 and 97 of the preliminary list.
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