General Assembly Distr.: General 1 June 1998

Original: English

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 statement:

"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 Timor.64

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 below:

(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/CN.4/1998/68/Add.1);

(e) Report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1998/43).

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 Timor.

"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 session."

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 Timor.68

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.

NOTES

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,

The participants,

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 peace;

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

Signatures.

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