Agreement Between the Republic of Indonesia and the Portuguese Republic on the
Question of East Timor
The Governments of Indonesia and Portugal,
Recalling General Assembly resolutions 1514 (XV), 1541(XV), 2625(XXV) and the relevant
resolutions and decisions adopted by the Security Council and the General Assembly on the
question of East Timor;
Bearing in mind the sustained efforts of the Governments of Indonesia and Portugal
since July 1983, through the good offices of the Secretary-General, to find a just,
comprehensive and internationally acceptable solution to the question of East Timor;
Recalling the agreement of 5 August 1998 to undertake, under the auspices of the
Secretary-General, negotiations on a special status based on a wide-ranging autonomy for
East Timor without prejudice to the positions of principle of the respective Governments
on the final status of East Timor;
Having discussed a constitutional framework for an autonomy for East Timor on the basis
of a draft presented by the United Nations, as amended by the Indonesian Government;
Noting the position of the Government of Indonesia that the proposed special autonomy
should be implemented only as an end solution to the question of East Timor with full
recognition of Indonesian sovereignty over East Timor;
Noting the position of the Government of Portugal that an autonomy regime should be
transitional, not requiring recognition of Indonesian sovereignty over East Timor or the
removal of East Timor from the list of Non-Self-Governing Territories of the General
Assembly, pending a final decision on the status of East Timor by the East Timorese people
through an act of self-determination under United Notions auspices;
Taking into account that although the Governments of Indonesia and Portugal each have
their positions of principle on the prepared proposal for special autonomy, both agree
that it is essential to move the peace process forward, and that therefore, the
Governments of Indonesia and Portugal agree that the Secretary-General should consult the
East Timorese people on the constitutional framework for autonomy attached hereto as an
annex;
Bearing in mind that the Governments of Indonesia and Portugal requested the
Secretary-General to devise the method and procedures for the popular consultation through
a direct, secret and universal ballot;
Agree as follows:
Article 1 Request the Secretary-General to put the attached proposed constitutional
framework providing for a special autonomy for East Timor within the unitary Republic of
Indonesia to the East Timorese people, both inside and outside East Timor, for their
consideration and acceptance or rejection through a popular consultation on the basis of a
direct, secret and universal ballot.
Article 2 Request the Secretary-General to establish, immediately after the signing of
this Agreement, an appropriate United Nations mission in East Timor to enable him to
effectively carry out the popular consultation.
Article 3 The Government of Indonesia will be responsible for maintaining peace and
security in East Timor in order to ensure that the popular consultation is carried out in
a fair and peaceful way in an atmosphere free of intimidation, violence or interference
from any side.
Article 4 Request the Secretary-General to report the result of the popular
consultation to the Security Council and the General Assembly, as well as to inform the
Governments of Indonesia and Portugal and the East Timorese people.
Article 5 If the Secretary-General determines, on the basis of the result of the
popular consultation and in accordance with this Agreement, that, the proposed
constitutional framework for special autonomy is acceptable to the East Timorese people,
the Government of Indonesia shall initiate the constitutional measures necessary for the
implementation of the constitutional framework, and the Government of Portugal shall
initiate within the United Nations the procedures necessary for the removal of East Timor
from the list of Non-Self-Governing Territories of the General Assembly and the deletion
of the question of East Timor from the agendas of the Security Council and the General
Assembly.
Article 6 If the Secretary-General determines, on the basis of the result of the
popular consultation and in accordance with this Agreement, that the proposed
constitutional framework for special autonomy is not acceptable to the East Timorese
people, the Government of Indonesia shall take the constitutional steps necessary to
terminate its links with East Timor thus restoring under Indonesian law the status East
Timor held prior to 17 July 1976, and the Governments of Indonesia and Portugal and the
Secretary-General shall agree on arrangements for a peaceful and orderly transfer of
authority in East Timor to the United Nations. The Secretary-General shall, subject to the
appropriate legislative mandate, initiate the procedure enabling East Timor to begin a
process of transition towards independence.
Article 7 During the interim period between the conclusion of the popular consultation
and the start of the implementation of either option, the parties request the
Secretary-General to maintain an adequate United Nations presence in East Timor.
DONE in New York on this 5th day of May, 1999.
For the Government of Indonesia:
/s/ Ali Alatas Minister for Foreign Affairs of Indonesia
For the Government of Portugal:
/s/ Jaime Gama Minister for Foreign Affairs of Portugal
Witnessed:
/s/ Kofi A. Annan Secretary-General United Nations
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