|[Part 4 of 4] United Nations A/AC.109/2111
Distr.: General 1 June 1998
Special Committee on the Situation with regard to the Implementation of the Declaration
on the Granting of Independence to Colonial Countries and Peoples East Timor
Working paper prepared by the Secretariat
V. Consideration by the United Nations
48. The Security Council, in its resolutions 384 (1975) of 22 December 1975 and 389
(1976) of 22 April 1976 "call[ed] upon all States to respect the territorial
integrity of East Timor, as well as the inalienable right of its people to
self-determination in accordance with General Assembly resolution 1514 (XV)", and
also "call[ed] upon the Government of Indonesia to withdraw without delay all its
forces from the Territory". Between 1961 and 1982, the General Assembly annually
reviewed the question of East Timor and adopted resolutions on the basis of reports
submitted by the Special Committee on the Situation with regard to the Implementation of
the Declaration on the Granting of Independence to Colonial Countries and Peoples.57 Since
its thirty-eighth session, the General Assembly has deferred consideration of the item.58
49. Since 1977, the Government of Portugal, in its capacity as administering Power of
East Timor, has annually informed the Secretary-General that, owing to conditions
prevailing in the Territory, namely, the presence of armed forces of Indonesia, it has, de
facto, been prevented from transmitting any information concerning East Timor under
Article 73 e of the Charter of the United Nations.59
50. At its thirty-seventh session, by resolution 37/30 of 23 November 1982, the General
Assembly requested the Secretary-General to initiate consultations with all parties
directly concerned, with a view to exploring avenues for achieving a comprehensive
settlement of the problem, and to report to the General Assembly at its thirty-eighth
session. The Assembly requested the Special Committee to keep the situation in the
Territory under active consideration and to render all assistance to the Secretary-General
to facilitate implementation of the resolution.
51. Since 1983, the Secretary-General has conducted tripartite talks involving
Indonesia and Portugal, as well as consultations with East Timorese representatives. He
has kept the General Assembly regularly apprised of developments related to the exercise
of his good offices.60 His most recent progress report, submitted to the Assembly at its
fifty-second session, is contained in document A/52/349.
52. On 6 June 1997, the spokesman for the Secretary-General issued the following
"The Secretary-General has been following with concern the reports of the recent
violence incidents in East Timor which have resulted in the loss of life and are causing
considerable human suffering. The Secretary-General has called on all parties concerned to
exercise restraint. It may be recalled that the Secretary-General is scheduled to hold
meetings with the Foreign Ministers of Indonesia and Portugal on 19 and 20 June in New
York on the question of East Timor."61
53. On 19 and 20 June 1997 , the Secretary-General met with the Foreign Ministers of
Indonesia and Portugal in New York, wherein the two foreign ministers agreed to the
Secretary-General's proposal that talks be continued at the working level, chaired by Mr.
Jamsheed Marker, the Secretary-General's Personal Representative for East Timor, and that
their substance be kept confidential.62 The Ministers also agreed that the All-Inclusive
Intra-East Timorese Dialogue would continue and that the Secretary-General's Personal
Representative would carry out the necessary consultations for the convening of the next
meeting. The working-level senior officials meeting began in August 1997 and subsequent
rounds were held in October and November 1997 and in May 1998.
54. During his state visit to Indonesia in July 1997, South African President Nelson
Mandela lent his support to the Secretary-General's good offices and discussed the issue
of East Timor with Indonesian President Suharto. With the agreement of his host, President
Mandela met with Mr. "Xanana" Gusmao, the East Timorese pro-independence leader
serving a 20-year jail term, after which he briefed the Secretary-General on those
discussions. The Secretary-General also dispatched Ambassador Marker to Pretoria in August
1997 for further discussions with President Mandela.63
55. In a note verbale dated 19 May 1997 addressed to the Secretary-General (A/52/152),
the Permanent Representative of Portugal stated that it remained unable to provide
information on East Timor required by Article 73 e of the Charter owing to the illegal
occupation of the Territory by a third country and drew attention to reported developments
concerning East Timor. By a letter dated 5 September 1997 addressed to the
Secretary-General (A/52/323-S/1997/691) the Permanent Representative of Portugal
transmitted a note verbale from the Portuguese Embassy in Canberra to the Department of
Foreign Affairs and Trade of Australia, protesting against the signing of a treaty between
Australia and Indonesia establishing an exclusive economic zone and certain seabed
boundaries in as far as such Treaty related to East Timor. By a letter dated 8 September
1997 addressed to the Secretary-General (A/52/333), the Permanent Representative of
Indonesia transmitted a note verbale in response to the communication of 19 May (A/52/333)
from the Permanent Mission of Portugal. The note verbale offered information on the
situation in East Timor.
56. The third round of the All-Inclusive Intra-East Timorese Dialogue was held at
Krumbach, Austria, from 20 to 23 October 1997. At the conclusion of the meeting, the 34
participants adopted a Declaration by consensus. The full text of the Krumbach Declaration
is reproduced in the annex to the present report. The outcome of the meeting was conveyed
to the tripartite talks through the Secretary-General's Personal Representative for East
57. In November 1997, the Secretary-General held talks with Portuguese President
Sampaio and Prime Minister Gutteres during the Ibero-American summit in Venezuela. On 17
December 1997, the Secretary-General met with Indonesian Foreign Minister Ali Alatas in
Kuala Lumpur during the meeting of the Association of South-East Nations (ASEAN) and
discussed the latest developments on regional issues, including East Timor.65 In December
1997, Mr. Jamsheed Marker, the Personal Representative of the Secretary-General visited
East Timor and Jakarta. He met with Indonesian Foreign Minister Ali Alatas and other
high-ranking civilian and military officials.66 In January 1998, Mr. Marker visited
Portugal and met with the President and Prime Minister, as well as with Foreign Minister
Gama and a number of East Timorese representatives.
58. During the general debate at the fifty-second session of the General Assembly, the
representatives of Angola (A/52/PV.10), Cape Verde (A/52/PV.10) and Portugal (A/52/PV.8)
referred to the question of East Timor in their statements. Indonesia and Portugal
exercised their rights of reply on the issue (A/52/PV.8).
59. In the general debate in the Third Committee, the representatives of Canada and
Portugal referred to the question of East Timor. In the general debate of the Special
Political and Decolonization Committee (Fourth Committee), representatives of Brazil,
Ghana and Portugal made reference to the question of East Timor under the agenda item
"Implementation of the Declaration on the Granting of Independence to Colonial
Countries and Peoples".
60. The Special Committee considered the question of East Timor at its 1474th to 1477th
meetings on 16 and 17 June 1997. During those meetings, the Committee heard statements by
the representatives of Indonesia (A/AC.109/SR.1474); Portugal as the administering Power
(A/AC.109/SR.1474); and Sao Tome and Principe (on behalf also of Angola, Cape Verde,
Guinea-Bissau and Mozambique) (A/AC.109/SR.1474); as well as 41 petitioners. The
representative of Indonesia made a further statement on a point of order at the same
meeting. At its 1477th meeting, on 17 June 1997, on the proposal of the Chairman, the
Special Committee decided to continue consideration of the item at its next session
subject to the directives which the General Assembly might give in that connection at its
fifty-second session, it being understood that reservations expressed would be reflected
in the record of the meeting.
61. The question of East Timor was considered by the United Nations Subcommittee for
Prevention of Discrimination and Protection of Minorities at its 5th and 14th meetings,
held on 13 and 20 August 1997, respectively. The documents pertaining to that
consideration are listed below:
(a) Summary record of the 5th meeting, held at the Palais des Nations, Geneva, on 13
August 1997. Commission on Human Rights, Subcommission on Prevention of Discrimination and
Protection of Minorities, forty-ninth session (E/CN.4/Sub.2/1997/SR.5);
(b) Summary record of the 14th meeting, held at the Palais des Nations, Geneva on 20
August 1997. Commission on Human Rights, Subcommission on Prevention of Discrimination and
Protection of Minorities, forty-ninth session (E/CN.4/Sub.2/1997/SR.14).
62. The question of East Timor was subsequently considered by the United Nations
Commission on Human Rights. The documents pertaining to that consideration are listed
(a) Status of the International Covenants on Human Rights. Written statement submitted
by human rights advocates (E/CN.4/1998/NGO/26);
(b) Situation in East Timor: report of the Secretary-General (E/CN.4/1998/58);
(c) Question of the human rights of all persons subjected to any form of detention or
imprisonment, in particular: torture and other cruel, inhuman or degrading treatment or
punishment. Report of the Special Rapporteur, Mr. Nigel Rodley, submitted pursuant to
Commission on Human Rights resolution 1997/38 (E/CN.4/1998/38 and Add.1);
(d) Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions
(e) Report of the Working Group on Enforced or Involuntary Disappearances
63. On 24 April 1998, the Chairman of the Commission on Human Rights issued a statement
on East Timor. The full text of the statement is reproduced below:
"The Commission on Human Rights discussed the human rights situation in East
"The Commission continues to follow with deep concern the reports on violations of
human rights in East Timor.
"The Commission recalls the undertakings by the Government of Indonesia to promote
human rights in East Timor and those contained in Chairman's statements on the matter at
previous sessions. The Commission stresses the need for their implementation, including
concrete steps on the early trial and release of East Timorese detained or convicted, and
for those in custody to be treated humanely. The Commission reiterates the need for
further clarification of the circumstances surrounding the Dili incident of 1991.
"The Commission welcomes the advanced progress towards concluding the Memorandum
of Understanding between the Government of Indonesia and the Office of the High
Commissioner for Human Rights on technical cooperation and agreement on the early
assignment of a programme officer to implement the technical cooperation programme. In
this regard, the Commission notes the understanding between the Government of Indonesia
and the High Commissioner for Human Rights concerning the access of the programme officer
to East Timor, within the framework of technical cooperation.
"The Commission welcomes the efforts of the Indonesian National Commission on
Human Rights to promote and protect human rights and undertake fact-finding enquiries into
human rights violations, including through its office in Dili. The Commission notes the
commitment by the Government of Indonesia to continue to allow greater access to East
Timor by the international media and international humanitarian organizations.
"The Commission welcomes the intention of the Government of Indonesia to continue
to cooperate with the Commission on Human Rights and its mechanisms and, in particular,
the Government's decision to invite the Working Group on Arbitrary Detention to visit East
Timor in advance of the fifty-fifth session of the Commission.
"The Commission notes with interest the Government of Indonesia's decision to
launch a National Plan of Action on human rights in 1998 and, in that context, the
Government's intention to ratify the Convention against Torture.
"The Commission welcomes the dialogue under the auspices of the Secretary-General
for achieving a just, comprehensive and internationally acceptable solution to the
question of East Timor. In this context, the Commission stresses the need for constructive
actions in order to promote a favourable atmosphere for further progress towards a
solution. The Commission welcomes the report of the Secretary-General, the work of his
special representative, in particular the establishment of regular dialogue at senior
official level, and the continuing all-inclusive intra-East Timorese dialogue.
"The Commission requests the Secretary-General to keep it informed on the
situation of human rights in East Timor and will consider the matter at its fifty-fifth
VI. Consideration by regional organizations
64. On 18 July 1997, the Foreign Ministers of the Community of Portuguese-Speaking
Countries Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal and Sao
Tome and Principe decided to give East Timor observer status in the organization
from 1998. The decision came after a unanimous vote to change its rules thus allowing the
admission of East Timor.67
65. During his visit to Indonesia in August 1997, British Foreign Secretary Robin Cook
met with President Suharto and Foreign Affairs Minister Ali Alatas. At a meeting, Mr.
Robin Cook suggested that the European Union Troika visit East Timor in 1998 better to
inform the European Union of the political situation there. Mr. Ali Alatas had welcomed
the suggestion stating that European Union ambassadors were free to travel to East
66. The Seventh Summit of the Heads of State and Government of the Ibero-American
Countries, held at Margarita Island, Venezuela in November 1997, adopted the Margarita
Declaration. In the Declaration, the member States congratulated and supported the renewed
efforts of the Secretary-General of the United Nations to give new impetus to dialogue
aimed at finding a just, global and internationally-accepted solution to the issue of East
Timor within the framework of norms and principles of international law.
57 See General Assembly resolutions 1699 (XVI), 1807 (XVII), 1913 (XVIII), 2107 (XX),
2184 (XXI), 2395 (XXIII), 2507 (XXIV), 2707 (XXV), 2795 (XXVI), 2918 (XXVII), 3113
(XXVIII), 3294 (XXIX), 3485 (XXX) and 31/53 , relating to the question of Territories
under Portuguese administration, including East Timor; see also General Assembly
resolutions 32/34, 33/39, 34/40, 35/27, 36/50 and 37/30 on the question of East Timor.
58 General Assembly decisions 38/402, 39/402, 40/402, 43/402, 46/402, 49/402, 50/402,
51/402; see also A/41/PV.3, A/44/PV.3, A/45/PV.3, A/47/PV.3 and A/51/PV.3.
59 See A/35/233, A/37/160, A/37/125, A/39/136, A/40/159, A/41/190, A/42/171, A/43/219,
A/44/262, A/45/172, A/46/131, A/47/189, A/48/130, A/49/184, A/50/214 and A/51/361. Owing
to lack of information from the administering Power, the information contained in the
present working paper has been derived from other sources.
60 A/38/352, A/39/361, A/40/622, A/41/602, A/42/539, A/43/588, A/44/529, A/45/507,
A/46/456, A/48/418, A/49/391, A/50/436 and A/51/361.
61 SG/SM/6248, 6 June 1997.
62 Press release SG/2035 dated 23 June 1997.
63 Agence France-Presse, 26 November 1997.
64 Press release DH/2505 dated 24 October 1997.
65 Berita Antara, 17 December 1997.
66 ANTARA, 20 December 1997; The Indonesian Observer, 20 December 1997.
67 Agência Lusa, 22 July 1997.
68 South China Morning Post, 30 August 1997.
Annex Krumbach Declaration of 1997
On the basis of the terms of reference set out in paragraph 3 of the communiqué issued
after the fifth Ministerial round at Geneva in 1995, the third All-Inclusive Intra-East
Timorese Dialogue (AIETD) was held at Krumbach, Austria from 20 to 23 October 1997.
Referring to paragraphs 4 and 5 of the Burg Schlaining Declaration of 22 March 1996,
Bearing in mind the recommendations expressed in the message of Ambassador Jamsheed
Marker, Personal Representative of the Secretary-General of the United Nations for the
Question of Timor Lorosae,
Expressing their gratitude to the Secretary-General of the United Nations, his Special
Representative for Timor Lorosae and their assistants for having facilitated AIETD III at
the Castle of Krumbach, Austria,
Expressing likewise their gratitude and appreciation to the Austrian Government for its
hospitality in welcoming the participants of AIETD for the third time,
Saluting the Catholic Church of Timor Lorosae, represented in the person of His Most
Reverend Excellency Dom Carlos Filipe Ximenes Belo, SDB, Apostolic Administrator of the
Diocese of Dili, holder of the Nobel Peace Prize,
Saluting the Timorese Christian Church in the person of the Reverend Arlindo Marçal,
Thanking the Governments of Portugal, Indonesia and other countries which, through
their contributions, made the holding of this meeting possible,
Noting with satisfaction the climate of frankness and openness which made possible the
free discussion and analysis of all the questions presented,
1. Reaffirm their confidence in and total support for the current Tripartite Dialogue
between the Governments of Portugal and Indonesia under the auspices of the
Secretary-General of the United Nations aimed at finding a just, comprehensive and
internationally acceptable solution for the Question of Timor Lorosae;
2. Express their interest in and availability for continuing the AIETD should they be
requested by the Secretary-General of the United Nations, within the framework in which
this was carried out, in order to continue the debate on concrete and practical ideas
leading to the creation of confidence-building measures, with a view to contributing to a
solution for the Question of Timor Lorosae;
3. Approve the name, objectives, organic structure and sources of financing of the
Centre for Culture and Development of Timor Lorosae [Centro de Cultura e Desenvolvimento
Timor Lorosae (CCDTL)] in accordance with the annexed document;
4. Express their deep concern at the escalation of violence in the territory and
undertake to do everything in their power to contribute to the achievement of a lasting
5. Reaffirm the urgent need to implement suitable measures for the promotion and
protection of human rights in general and, in particular, for the protection and promotion
of women, children and young people;
6. Pursuing the efforts aimed at strengthening the dialogue among Timorese, the
participants of the AIETD residing in the diaspora shall invite their brothers and sisters
residing inside to visit the Timorese communities in Australia, Portugal and Macau on a
date to be agreed upon. The details shall be determined in due course by the parties
concerned, possibly by the time of Expo 1998;
7. Similarly, the participants residing inside shall invite their brothers and sisters
residing in the diaspora to visit the Territory of Timor Lorosae on a date to be agreed
upon, the details being determined in due course by the parties concerned.
Krumbach, Austria, 23 October 1997
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