East Timor Popular Consultation Agreement Regarding Security

Country/entity
East Timor
Region
Asia and Pacific
Agreement name
East Timor Popular Consultation Agreement Regarding Security
Date
05/05/1999
Agreement status
Multiparty signed/agreed
Interim arrangement
No
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Government accepted the result in October of that year and as a result the laws legalizing East Timor’s annexation were repealed, leading to East Timor’s independence in 2002.

East Timor Conflict (1975 - 1999) )
Stage
Pre-negotiation/process (Principles)
Conflict nature
Government/territory
Peace process
57: 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 []

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

State definition
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.

Governance

Political institutions (new or reformed)
No specific mention.
Constitution's affirmation/renewal
No specific mention.
Constitutional reform/making
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
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
No specific mention.
Equality
No specific mention.
Democracy
No specific mention.
Protection measures
No specific mention.
Human rights framework
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.
NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.
Mobility/access
No specific mention.
Detention procedures
No specific mention.
Media and communication
No specific mention.
Citizenship
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
No specific mention.
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).

The University of Edinburgh