The Parliament of the Commonwealth of Australia EAST TIMOR FINAL REPORT OF THE SENATE FOREIGN AFFAIRS, DEFENCE AND TRADE REFERENCES COMMITTEE December 2000 © Commonwealth of Australia ISBN 0 642 71103 8 This document is produced from camera-ready copy by the Senate Foreign Affairs, Defence and Trade References Committee Secretariat, and printed by the Senate Printing Unit, Parliament House, Canberra. ii MEMBERSHIP OF THE COMMITTEE Current Senator John Hogg, ALP, Qld (Chair) Members Senator Sandy Macdonald, NPA, NSW (to 30.6.99 and from 9.5.00) (Deputy Chair) Senator Vicki Bourne, AD, NSW (from 12.5.99) Senator Steve Hutchins (from 17.8.00) Senator Ross Lightfoot, LP, WA Senator Sue West, ALP, NSW Current Senator the Hon Eric Abetz, LP, Tas (from 5.12.97) Participating Senator Lyn Allison, AD, VIC (from 19 10.99) Members Senator Andrew Bartlett, AD, Qld (from 19 10.99) Senator the Hon Nick Bolkus, ALP, SA (from 7.12.98) Senator the Hon Ron Boswell, NPA, Qld (from 26.11.98) Senator Bob Brown, TG, Tas (from 18.6.96) Senator Paul Calvert, LP, Tas (from 24.8.99) Senator Grant Chapman, LP, SA (from 24.8.99) Senator the Hon Peter Cook, ALP, WA (from 3.12.98) Senator Helen Coonan, LP, NSW (from 24.8.99) Senator Winston Crane, LP, WA (from 24.8.99) Senator Alan Eggleston, LP, WA (from 8.12.98) Senator the Hon John Faulkner, ALP, NSW (from 7.12.98) Senator Alan Ferguson, LP, SA (from 24.8.99) Senator Jeannie Ferris, LP, SA (from 24.8.99) Senator Michael Forshaw, ALP, NSW (from 7.4.98) Senator Brenda Gibbs, ALP, Qld (from 3.12.98) Senator the Hon Brian Gibson, LP, Tas (from 24.8.99) Senator Brian Harradine, Ind, Tas (from 24.11.98) Senator Len Harris, PHON, Qld (from 6.10.00) Senator Susan Knowles, LP, WA (from 24.8.99) Senator Brett Mason, LP, Qld (from 24.8.99) Senator Julian McGauran, NPA, Vic (from 3.12.98) Senator Shayne Murphy, ALP, Tas (from 20.10.99) Senator Marise Payne, LP, NSW (from 24.8.99) Senator Tsebin Tchen, LP, Vic (from 24.8.99) Senator John Tierney, LP, NSW (from 24.8.99) Senator John Watson, LP, Tas (from 24.8.99) iii Former Senator the Hon David Brownhill, NPA, NSW (to 14.4.00) Members Senator the Hon Peter Cook, ALP, WA (to 3.12.98) Senator Alan Eggleston, LP, WA (to 3.12.98) Senator Brenda Gibbs, ALP, Qld (to 3.12.98) Senator Sandy Macdonald, NPA, NSW (to 30.6.99) Senator John Quirke, ALP, SA (to 15.8.00) Senator John Woodley, AD, Qld (to 12.5.99) Former Senator the Hon David Brownhill, NPA, NSW (to 30.6.99) Participating Senator Mal Colston, Ind, Qld (to 30.6.99) Members Senator Steve Hutchins, ALP, NSW (from 23.9.99 to 17.8.00) Senator Dee Margetts, GWA, WA (to 30.6.99) Secretariat Mr Paul Barsdell, Secretary Dr Kathleen Dermody, Principal Research Officer Dr Robert King, Principal Research Officer Ms Pamela Corrigan, Research Officer Ms Laurie Cassidy, Executive Assistant The Senate Parliament House Canberra ACT 2600 Phone: (02) 6277 3535; Fax: (02) 6277 5818 E-mail: [email protected]; website: www.aph.gov.au/senate_fadt iv TERMS OF REFERENCE That the following matters be referred to the Senate Foreign Affairs, Defence and Trade References Committee for inquiry and report by 21 October 1999: (a) economic, social and political conditions in East Timor including respect for human rights in the territory; (b) Indonesia’s military presence in East Timor and reports of ongoing conflict in the territory; (c) the prospects for a just and lasting settlement of the East Timor conflict; (d) Australia’s humanitarian and development assistance in East Timor; (e) the Timor Gap (Zone of Cooperation Treaty); and (f) past and present Australian Government policy toward East Timor including the issue of East Timorese self-determination. v CONTENTS Membership of the Committee iii Secretariat iv Terms of reference v Table of contents vii Map of East Timor region xi CHAPTER 1—Introduction 1 CHAPTER 2—Economic and social development 7 The East Timor economy 7 Budgetary assistance from Jakarta 8 International aid 9 Investment 9 Employment 9 Agriculture 10 Food security 10 Coffee 11 Livestock 12 Fisheries 12 Other commercial crops 12 Mining and energy 12 Timor Gap oil 12 Manufacturing 12 Infrastructure and construction 12 Services 13 Financial services 13 Transport services 14 Telecommunications 14 Media 14 Retail 15 Tourism 15 Conclusion 15 Land tenure 15 Health 16 Australian assistance 17 National Tuberculosis program in East Timor 18 Conclusion 18 vii Education 20 Australian assistance 20 Conclusion 27 The rule of law 28 Portugal and Portuguese 30 The role of the Catholic Church 33 CHAPTER 3—Humanitarian assistance and security matters Humanitarian and development assistance 37 Initial aid activities 37 Australian financial aid 37 International aid 39 Co-ordination 41 The Oecusse enclave 42 AUSCIVPOL 46 United States role in East Timor 49 Radio Australia 51 MAPS East Timor Wells and fields CHAPTER 4—The Timor Gap (Zone of Co-operation) Treaty Introduction 57 Indonesia’s interest 59 1997 Delimitation Treaty 61 Administrative arrangements in the transitional period 61 Bayu-Undan liquids recovery and gas recycle project 62 The transition from Indonesia to East Timor 64 Attitude of the East Timorese 68 MAPS The Timor Gap: terminal points 16 and 17 Areas A, B and C Areas A, B and C in relation to East Timor and Australia viii CHAPTER 5—Human rights in East Timor Human rights abuses in East Timor since 1975 79 Death toll 79 The human rights record, 1975—1999 82 Violence within East Timorese society 90 Responsibility for militia violence leading up to and following the 30 August 1999 vote 92 Holding to account those responsible for crimes 95 International Commission of Jurists’ offer 101 Displaced persons in West Timor 103 Electoral information data base 107 East Timorese asylum seekers 107 CHAPTER 6—Australian policy: Indonesia’s incorporation of East Timor Introduction 111 Australia’s breach of Portugal’s neutrality in 1941 111 The Menzies period 115 The Whitlam government 118 The Fretilin UDT conflict 127 Australian attempts at mediation 129 Indonesian fear of Communist influence in Fretilin 130 Balibo 133 America’s policy in 1975 135 Britain’s policy in 1975 137 Five-Power partners 137 Portugal’s policy 138 Australian disengagement 139 Contradiction between self-determination and incorporation 142 Conclusion 149 CHAPTER 7—Australia’s policy: late 1975–99 Fraser government 151 The Hawke government 158 The Keating government 167 United Nations’ negotiations 172 ix The Howard government 174 A well-conceived strategy? 181 Australia’s preparedness to prevent post-ballot violence 183 Australian policy in retrospect 190 Conclusion 193 CHAPTER 8—Australia and Indonesia Australia’s relations with Indonesia 195 Mending relations 196 Building a constructive relationship 198 Democratic Indonesia 200 Further Australian involvement in Indonesia 200 Northern Territory and eastern Indonesia 201 Australian defence co-operation with Indonesia 201 APPENDICES Appendix 1 Submissions 209 Appendix 2 Witnesses who appeared before the Committee at public hearings 215 x CHAPTER 1 INTRODUCTION 1.1 The Senate referred the matter of East Timor to the Committee on 30 November 1998. As a first step, the Committee advertised the inquiry in the national press and called for written submissions to be lodged with the Committee. A total of 101 submissions was received, details of which are contained in Appendix 1. The Committee began conducting public hearings on 19 July 1999. 1.2 In view of the dynamic and dramatic events that took place in East Timor in September 1999 following the popular consultation, the Committee presented an interim report to the Senate on 30 September 1999. In that report, the Committee presented its conclusions and recommendations on matters that it believed should not be held over to the end of the inquiry. 1.3 Subsequently, the Committee continued its hearings, the final one being held on 10 April 2000. Details of the hearings are contained in Appendix 2. The Hansard transcripts of evidence taken at the hearings are available on the Internet (http://www.aph.gov.au/hansard/). 1.4 The Committee had wanted to visit East Timor to see for itself the destruction wrought after the popular consultation and to speak to Interfet and local authorities. However, the Committee’s application to visit East Timor was rejected by the President of the Senate. One member of the Committee and one participating member, who contributed to the inquiry, visited East Timor on two occasions, once as an election monitor and the other time with another parliamentary committee. 1.5 The popular consultation, as stipulated by the 5 May 1999 tripartite agreement signed by Indonesia, Portugal and the United Nations, took place on 30 August 1999 and, in contrast to the militia violence which had preceded it, was marked by a remarkably peaceful atmosphere, high voter turnout and efficient organisation. The result of that ballot was announced on 4 September, with 78.5 per cent of East Timorese voting for separation (in effect, for independence) rather than for autonomy within Indonesia. The announcement of the ballot result was followed by the outbreak of a campaign of violence and destruction across East Timor. 1.6 In the days after the announcement of the result of the popular consultation, the Indonesian military put into operation plans to transport large numbers of East Timorese to West Timor and other parts of Indonesia. This was accompanied by an unrestrained rampage of killing, looting and burning throughout the territory by the militias, encouraged and assisted by the regular armed forces and police.