(1)
AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND THE PORTUGUESE REPUBLIC ON THE QUESTION OF EAST TIMOR
The Governments of Indonesia and Portugal,
Recalling General Assembly resolutions 1514 (XV), 1541(XV), 2625(XXV) and
the relevant resolutions and decisions adopted by the Security Council and
the General Assembly on the question of East Timor;
Bearing in mind the sustained efforts of the Governments of Indonesia and
Portugal since July 1983, through the good offices of the Secretary-General,
to find a just, comprehensive and internationally acceptable solution to
the question of East Timor;
Recalling the agreement of 5 August 1998 to undertake, under the auspices
of the Secretary-General, negotiations on a special status based on a wide-ranging
autonomy for East Timor without prejudice to the positions of principle
of the respective Governments on the final status of East Timor;
Having discussed a constitutional framework for an autonomy for East Timor
on the basis of a draft presented by the United Nations, as amended by the
Indonesian Government;
Noting the position of the Government of Indonesia that the proposed special
autonomy should be implemented only as an end solution to the question of
East Timor with full recognition of Indonesian sovereignty over East Timor;
Noting the position of the Government of Portugal that an autonomy regime
should be transitional, not requiring recognition of Indonesian sovereignty
over East Timor or the removal of East Timor from the list of Non-Self-Governing
Territories of the General Assembly, pending a final decision on the status
of East Timor by the East Timorese people through an act of self-determination
under United Notions auspices;
Taking into account that although the Governments of Indonesia and Portugal
each have their positions of principle on the prepared proposal for special
autonomy, both agree that it is essential to move the peace process forward,
and that therefore, the Governments of Indonesia and Portugal agree that
the Secretary-General should consult the East Timorese people on the constitutional
framework for autonomy attached hereto as an annex;
Bearing in mind that the Governments of Indonesia and Portugal requested
the Secretary-General to devise the method and procedures for the popular
consultation through a direct, secret and universal ballot;
Agree as follows:
Article 1
Request the Secretary-General to put the attached proposed constitutional
framework providing for a special autonomy for East Timor within the unitary
Republic of Indonesia to the East Timorese people, both inside and outside
East Timor, for their consideration and acceptance or rejection through
a popular consultation on the basis of a direct, secret and universal ballot.
Article 2
Request the Secretary-General to establish, immediately after the signing
of this Agreement, an appropriate United Nations mission in East Timor to
enable him to effectively carry out the popular consultation.
Article 3
The Government of Indonesia will be responsible for maintaining peace and
security in East Timor in order to ensure that the popular consultation
is carried out in a fair and peaceful way in an atmosphere free of intimidation,
violence or interference from any side.
Article 4
Request the Secretary-General to report the result of the popular consultation
to the Security Council and the General Assembly, as well as to inform the
Governments of Indonesia and Portugal and the East Timorese people.
Article 5
If the Secretary-General determines, on the basis of the result of the popular
consultation and in accordance with this Agreement, that, the proposed constitutional
framework for special autonomy is acceptable to the East Timorese people,
the Government of Indonesia shall initiate the constitutional measures necessary
for the implementation of the constitutional framework, and the Government
of Portugal shall initiate within the United Nations the procedures necessary
for the removal of East Timor from the list of Non-Self-Governing Territories
of the General Assembly and the deletion of the question of East Timor from
the agendas of the Security Council and the General Assembly.
Article 6
If the Secretary-General determines, on the basis of the result of the popular
consultation and in accordance with this Agreement, that the proposed constitutional
framework for special autonomy is not acceptable to the East Timorese people,
the Government of Indonesia shall take the constitutional steps necessary
to terminate its links with East Timor thus restoring under Indonesian law
the status East Timor held prior to 17 July 1976, and the Governments of
Indonesia and Portugal and the Secretary-General shall agree on arrangements
for a peaceful and orderly transfer of authority in East Timor to the United
Nations. The Secretary-General shall, subject to the appropriate legislative
mandate, initiate the procedure enabling East Timor to begin a process of
transition towards independence.
Article 7
During the interim period between the conclusion of the popular consultation
and the start of the implementation of either option, the parties request
the Secretary-General to maintain an adequate United Nations presence in
East Timor.
DONE in New York on this 5th day of May, 1999.
For the Government of Indonesia:
/s/
Ali Alatas
Minister for Foreign Affairs of Indonesia
For the Government of Portugal:
/s/
Jaime Gama
Minister for Foreign Affairs of Portugal
Witnessed:
/s/
Kofi A. Annan
Secretary-General
United Nations
(2)
AGREEMENT REGARDING THE MODALITIES FOR THE POPULAR CONSULTATION OF THE
EAST TIMORESE THROUGH A DIRECT BALLOT
The Governments of Indonesia and Portugal and the Secretary-General of the
United Nations,
Agree as follows:
Immediately following the conclusion of the agreement between the two Governments
requesting the Secretary-General to consult the East Timorese people on
whether they would accept or reject the proposed constitutional framework
for autonomy, 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. Preparations for the vote
outside East Timor will also begin at locations of major East Timorese concentration
outside East Timor.
A. Date for consultation
The ballot will take place on Sunday, 8 August 1999, both inside and outside
East Timor.
B. Question to be put before the voters
The question that the Secretary-General will put to the voters is:
"Do you accept the proposed special autonomy ACCEPT
for East Timor within the Unitary State of the Republic of Indonesia?
OR
"Do you reject the proposed special autonomy REJECT
for East Timor, leading to East Timor's
separation from Indonesia?"
The United Nations logo will appear on the ballot papers. The ballot papers
will include symbols to facilitate voting by illiterate persons.
C. Entitlement to vote
The following persons, aged 17 years or above, shall be eligible to vote
in the popular consultation:
(a) persons born in East Timor,
(b) persons born outside East Timor but with at least one parent having
been born in East Timor, and
(c) persons whose spouses fall under either of the two categories above.
D. Schedule of the consultation process (in overlapping time periods)
The schedule for the operational stages of the consultation process will
be approximately as follows:
Operational planning/Deployment 10 May-15 June
Public information programme/ 10 May - 5 August
Voter education
Preparation and Registration 13 June - 17 July
Exhibition of lists and challenges/ 18 July - 23 July
Decisions on challenges and complaints
Political Campaign 20 July - 5 August*
Cooling off period 6 August-7 August
Polling Day 8 August
* Subject to revision
E. Operational Phases
a) Information Campaign
The United Nations will make available the text of the main Agreement and
the autonomy document to be voted on in the following languages: Tetun,
Bahasa Indonesia, Portuguese and English.
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 United Nations will explain to voters the process and procedure of the
vote, and the implications of an 'accept' or 'reject' vote.
The radio stations and the newspapers in East Timor as well as other Indonesian
and Portuguese media outlets will be utilized in the dissemination of this
information. Other appropriate means of dissemination will be made use of
as required.
b) Registration
Registration inside and outside East Timor will take place for a continuous
period of 20 days.
Two hundred registration centres will be opened in East Timor for this purpose.
Outside East Timor, special registration centres will be opened in Jakarta,
Yogyakarta, Surabaya, Denpasar, Ujung Pandang, Sydney, Darwin, Perth, Melbourne,
Lisbon, Maputo, Macau, New York with adjustments to be made as appropriate.
The United Nations may utilize the services of the Australian Electoral
Commission for the balloting in Australia and of the International Organization
for Migration (IOM) in Portugal and elsewhere.
The registration lists will be exhibited for five days at the end of the
registration period at the respective registration centres, regional offices
and at Dili headquarters. Challenges to the lists shall be submitted to
the regional offices for a final decision by the Electoral Commission prior
to polling day.
c) Campaign
Supporters and opponents of the autonomy proposal will campaign ahead of
the vote in a peaceful and democratic manner during the period designated
for this purpose.
There will be a Code of Conduct for the campaign, to be proposed by the
United Nations and discussed with the supporters and opponents of the autonomy
proposal.
The United Nations will devise the means to provide equal opportunity for
the two sides to disseminate their views to the public.
Officials of the Governments of Indonesia and Portugal will not participate
in the campaign in support of either option.
East Timorese government officials may campaign in their personal capacity.
All such campaigning will be carried out strictly according to the Code
of Conduct without use of public funds and government resources or recourse
to pressure of office.
d) Balloting in East Timor
Voting in East Timor will take place in approximately 700 registration/polling
stations located in 200 polling centres.
e) Balloting outside East Timor
Voting will take place in polling stations set up in the same locations
as the registration centres mentioned above.
f) Observers
Indonesia and Portugal shall be entitled to send an equal number of representatives
to observe all the operational phases of the consultation process both inside
and outside East Timor.
International observers will be able to observe the consultation process
under terms to be developed by the United Nations to regulate their presence.
F. Funding
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.
G. Security
The Indonesian authorities will ensure a secure environment for a free and
fair popular consultation process and will be responsible for the security
of United Nations personnel. A number of United Nations security guards
will be deployed to ensure the security and safety of United Nations personnel
and property. A number of international civilian police will be available
in East Timor to advise the Indonesian Police during the operational phases
of the popular consultation and, at the time of the consultation, to supervise
the escort of ballot papers and boxes to and from polling sites.
DONE in New York on this 5th day of May, 1999.
For the Government of Indonesia, Ali Alatas Minister for Foreign Affairs
For the United Nations, Kofi A. Annan, Secretary-General
For the Government of Portugal, Jaime Gama, Minister for Foreign Affairs
(3)
EAST TIMOR POPULAR CONSULTATION AGREEMENT REGARDING SECURITY
The Government 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.
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 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.
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 of May 1999
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