East Timor Popular Consultation Agreement Regarding Security

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Country/entity: East Timor
Region: Asia and Pacific
Agreement name: East Timor Popular Consultation Agreement Regarding Security
Date: 5 May 1999
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
East Timor Conflict (1975 - 1999)
Following the Portugal’s decolonization of East Timor in 1975, the state briefly declared independence before it was occupied by Indonesia a month later. Insurgent movements including the Revolutionary Front for an Independent East Timor (FRETILIN) fighting the Portuguese, continued their fight against the Indonesian Army. Human rights abuses and massacres were committed by both sides. By the early 1990s, as armed resistance decreased and the communist threat dissipated, the central Indonesian government issued a number of policies to open East Timor economically and politically. As a result, a resistance movements became more outspoken and demonstrations increased. Violence intensified after November 1991, when the Indonesian Army opened fire on protesters. International condemnation of the Suharto’s regime was widespread, but due to the fear of destabilizing Indonesia’s unity, it was not until the fall of Suharto in 1998 after the 1997 Asian Financial Crisis that East Timor’s secession became a possibility.

In 1999, an independence referendum was held with 78% rejecting East Timor’s positions as an autonomous territory within Indonesia. Violence broke out following the results and after a delay a UN-backed Australian peacekeeping force was deployed. The Indonesian Government accepted the result in October of that year and as a result the laws legalizing East Timor’s annexation were repealed, leading to East Timor’s independence in 2002.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: East Timor-Indonesia peace process
Parties: For the Government of Portugal
/s/ Jaime Gama Minister for Foreign Affairs Portugal

For the United Nations
/s/ Kofi A. Annan Secretary-General United Nations

For the Government of Indonesia
/s/ Minister for Foreign Affairs Indonesia
Third parties: -
Description: It was agreed that a peaceful environment was pre-requisite for holding of ballot with responsibility resting with the Indonesian security authorities. Provision was made for the drafting of a code of conduct for the parties by the Commission on Peace and Stability and for the UN Secretary-General to ascertain if the necessary security situation existed for ballot to take place peacefully. Provides for Indonesian military provision of a secure environment free of violence and intimidation for the popular ballot. Agreement is the third annex of the East Timor popular consultation.

Agreement document: TL_990505_Annex III-East Timor Popular Consultation Agreement Regarding Security.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: No specific mention.
Religious groups: No specific mention.
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: No specific mention.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: No specific mention.

State definition

Nature of state (general): No specific mention.
State configuration: No specific mention.
Self determination: No specific mention.
Referendum: Page 1, Annex III: East Timor Popular Consultation
The Governments of Indonesia and Portugal and the Secretary-General of the United Nations.
Agree as follows:
1. A secure environment devoid of violence or other forms of intimidation is a prerequisite for the holding of a free and fair ballot in East Timor. Responsibility to ensure such an environment as well as for the general maintenance of law and order rests with the appropriate Indonesian security authorities. The absolute neutrality of the TNI (Indonesian Armed Forces) and the Indonesian Police is essential in this regard.

... 3. Prior to the start of the registration, the Secretary-General shall ascertain, based on the objective evaluation of the UN mission, that the necessary security situation exists for the peaceful implementation of the consultation process.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: No specific mention.

Governance

Political institutions (new or reformed): No specific mention.
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: Page 1, 2. The Commission on Peace and Stability established in Dili on 21 April 1999 should become operational without delay. The Commission, in cooperation with the United Nations, will elaborate a code of conduct, by which all parties should abide, for the period prior to and following the consultation, ensure the laying down of arms and take the necessary steps to achieve disarmament.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: No specific mention.
Economic power sharing: No specific mention.
Military power sharing: No specific mention.

Human rights and equality

Human rights/RoL general: No specific mention.
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: No specific mention.
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: No specific mention.
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: No specific mention.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: No specific mention.
National economic plan: No specific mention.
Natural resources: No specific mention.
International funds: No specific mention.
Business: No specific mention.
Taxation: No specific mention.
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: No specific mention.
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Annex III: East Timor Popular Consultation
The Governments of Indonesia and Portugal and the Secretary-General of the United Nations.
Agree as follows:
... 2. The Commission on Peace and Stability established in Dili on 21 April 1999 should become operational without delay. The Commission, in cooperation with the United Nations, will elaborate a code of conduct, by which all parties should abide, for the period prior to and following the consultation, ensure the laying down of arms and take the necessary steps to achieve disarmament.
Ceasefire: No specific mention.
Police: Page 1, Page 1, 1. A secure environment devoid of violence or other forms of intimidation is a prerequisite for the holding of a free and fair ballot in East Timor. Responsibility to ensure such an environment as well as for the general maintenance of law and order rests with the appropriate Indonesian security authorities. The absolute neutrality of the TNI (Indonesian Armed Forces) and the Indonesian Police is essential in this regard.

... 4. The police will be solely responsible for the maintenance of law and order. The Secretary-General, after obtaining the necessary mandate, will make available a number of civilian police officers to act as advisers to the Indonesian Police in the discharge of their duties and, at the time of the consultation, to supervise the escort of ballot papers and boxes to and from the polling sites.
Armed forces: Page 1, 1. A secure environment devoid of violence or other forms of intimidation is a prerequisite for the holding of a free and fair ballot in East Timor. Responsibility to ensure such an environment as well as for the general maintenance of law and order rests with the appropriate Indonesian security authorities. The absolute neutrality of the TNI (Indonesian Armed Forces) and the Indonesian Police is essential in this regard.
DDR: Security sector→DDR→Demilitarisation provisions
Page 1, 2. The Commission on Peace and Stability established in Dili on 21 April 1999 should become operational without delay. The Commission, in cooperation with the United Nations, will elaborate a code of conduct, by which all parties should abide, for the period prior to and following the consultation, ensure the laying down of arms and take the necessary steps to achieve disarmament.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: No specific mention.

Implementation

UN signatory: [Signature] For the United Nations
/s/ Kofi A. Annan Secretary-General United Nations

[Summary] Immediately following the conclusion of the agreement the Secretary-General will, subject to the appropriate legislative mandate, begin preparations for the popular consultation by deploying in East Timor such personnel as will be adequate for the purpose of executing the various phases of the consultation process. The United Nations logo will appear on the ballot papers.The United Nations will disseminate and explain the content of the main Agreement and the autonomy document in an impartial and factual manner inside and outside East Timor; The Secretary-General will seek the approval of the Security Council for the operation in order to ensure assessed budgetary funding. Voluntary contributions will be channeled through a Trust Fund established for this purpose.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: Page 1, 2. Commission on Peace and Security established in the Dili Agreement to become operational without delay and to cooperate with the UN on a code of conduct for all parties; 3.objective evaluation by UN that the necessary security situation prevails prior to the start of registration; 4. Indonesian Police to be solely responsible for the maintenance of law and order (no. of UN civilian police officers to act as advisers).
Related cases: No specific mention.
Source: Etan.org; http://etan.org/etun/popularc.htm

Annex III:

East Timor popular consultation

The Governments of Indonesia and Portugal and the Secretary-General of the United Nations.

Agree as follows:

1. A secure environment devoid of violence or other forms of intimidation is a prerequisite for the holding of afreeand fair ballot in East Timor.

Responsibility to ensure such an environment as well as for the general maintenance of law and order rests with the appropriate Indonesian security authorities.

The absolute neutrality of the

TNI (Indonesian Armed Forces) and the Indonesian Police is essential in this regard.

2. The Commission on Peace and Stability established in Dili on 21 April 1999 should become operational without delay.

The Commission, in cooperation with the United Nations, will elaborate a code of conduct, by which all parties should abide, for the period prior to and following the consultation, ensure the laying down of arms and take the necessary steps to achieve disarmament.

3. Prior to the start ofthe registration, the Secretary-General shall ascertain, based on the objective evaluation of the UN mission, that the necessary security situation exists for the peaceful implementation ofthe consultation process.

4. The police will be solely responsible for the maintenance of law and order.

The Secretary-General, after obtaining the necessary mandate, will make available a number of civilian police officers to act as advisers to the Indonesian Police in the discharge of their duties and, at the time of the consultation, to supervise the escort of ballot papers and boxes to and from the polling sites.

DONE in New York on this 5th day ofMay 1999

For the Government of Portugal

Jaime Gamsa

Minister for Foreign Affairs Portugal

For the United Nations

Kofi A. Annan, Secretary-General United Nations

For the Government of Indonesia

Ali Alatas

Minister for Foreign Affairs Indonesia