Timor-Leste was a colony of Portugal for 400 years. In 1975, it was occupied by Indonesia which lasted until 1999. After gaining its independence in 2002, Timor-Leste challenged the maritime boundaries declared by Australia which deprives the small nation the right to earn revenues from its oil and gas resources.

The Timor-Leste government is urging the Australian government to recognize the jurisdiction of the International Court of Justice and the United Nations Convention on the Law of the Sea (UNCLOS), and that it establishes its border on the midline between the two countries, as is referred in international law.

At stake are the offshore oil and gas reserves that exist in the "Greater Sunrise" region, located next to East Timor. So far, the Australian government has not shown any willingness to let go of these resources, valued at $40 billion, or to return to the negotiating table, despite the appeals by the Timorese authorities.

But Australia's Labor Party seems to be open to the idea of reversing Australia's UNCLOS stance. Party spokesperson Tanya Plibersek has this to say about the issue:

"In the case of Timor-Leste, [the Labor Party] is prepared to submit to binding arbitration in the Hague if the 'good faith' talks between the two states fails to find agreement. Australia regularly calls on other countries to abide by international norms and to settle disputes in line with the rules-based system. If we want to insist that other nations play by the rules, we also need to adhere to them."

Various civil society groups have also campaigned for a renegotiation in defining the maritime boundaries between Australia and Timor-Leste. One of these groups is the Movimentu Kontra Okupasaun Tasi Timor (Movement Against the Occupation of the Timor Sea or MKOTT), which was established in 2004 to find legal and diplomatic means to establish maritime borders between the two countries in a way that would be more fair for both parties in oil and gas revenues.

During the visit of retired Australian military officer Peter Cosgrove in Timor-Leste last March 2 and 3, the MKOTT appealed for his help in persuading his government to stop the 'illegal exploration' and 'exploitation' of oil resources in the Timor Sea. Cosgrove is the current Governor General, a representative of the British crown in Australia. He is also considered a "friend" of Timor-Leste because he commanded the international peacekeeping force when Indonesia ended its occupation of Timor-Leste in 1999.

Below is an excerpt of MKOTT's letter to Cosgrove:

"MKOTT hakarak husu ita boot nu'udar belun istoriku ba povu Timor-Leste hodi uza ita boot nia influensia balun ne'ebe iha hodi husu ba Governu Australia atu: 1) Respeita no trata soberania no dignidade nasaun Timor-Leste nian hanesan sira halo ba nasaun sira seluk iha mundu. 2) Fila ba mekanizmu disputa fronteira maritima nian tuir juridisaun Tribunal Internasional ba Justisa (International Court of Justice) no Tribunal Internasional ba Lei Tasi nian (TILOS). 3) Foka liu ba negosiasaun ne'ebe "koalia loloos no nakloke" kona-ba fronteira maritima no labele hases an husi asuntu ne'e hodi halai deit asuntu relasaun bilateral nian. 4) Labele kontinua argument kona-ba "plataforma continental" ne'ebe la validu ona. 5) Atu labele uza nia poder ekonomia no politika iha rejiaun ne'e atu kontinua na'ok futuru Timor-Leste nia oan sira.

"(...) MKOTT would like to use the occasion of your visit to Timor-Leste to beseech you, as a historical friend of the people of Timor-Leste, to use your influence and ask the Australian government to: 1) Respect the sovereignty and dignity of the people and nation of Timor-Leste as they do and have done with other nations. 2) Revert to the maritime boundary dispute resolution mechanisms under the jurisdiction of the International Court of Justice and the International Tribunal on the Law of the Sea. 3) Focus negotiation "Honestly and Open" on maritime boundary and do not turn the subject into broader bilateral relationship. 4) Discontinue their use of now discredited "Continental Shelf" argument. 5) Stop using their considerable political and economic power to continue to rob Timor-Leste's people of their current and future wealth."

When Cosgrove visited Timor-Leste, to receive Timor-Leste's Grand Collar of the Order, the Timorese deputy of the CNRT (National Council of Timorese Resistance party) issued a statement about the maritime border issue which was published by the Australian press:

"Australia took advantage of Timor-Leste's weakness and is now dodging its international obligations over the disputed marine border."

The exploitation of 'Greater Sunrise' in the Timor Sea

The "greed" for the exploitation of Timor-Leste's resources dates back to 1963 when the Australian government issued a license for petroleum extraction to Woodside Petroleum, a company that had explored the mineral resources in the Timor Sea. In 1972, Australia agreed on a "very favorable" deal with President Suharto's regime in Indonesia that garnered a "broader maritime boundary closer to Indonesia," thus obtaining access to more mineral resources – an agreement that Portugal rejected:

"Portugal – then the administering colonial power in Timor-Leste – refused to join the negotiations, preferring to wait for the international process which, in 1982, resulted in the UN Convention on the Law of the Sea, or UNCLOS. Portugal's decision created the "Timor Gap" in the Australian – Indonesian sea boundary."

From 1989 to 1999 Australia exploited Timor-Leste's offshore mineral resources "illegally by unilaterally recognizing the 'de facto' integration of [Timorese] territory into Indonesia and turning a blind eye to the atrocities and crimes committed against human rights," as stated in an article published in Global Voices, by the researcher on Timor-Leste, Marisa Goncalves.

Australia and Indonesia, in 1989, entered into an "agreement of cooperation on a 50/50 basis" to exploit the mineral resources of the Timor Gap, an agreement that Portugal rejected and "challenged...in the International Court of Justice, but the action lapsed in the face of Indonesia's refusal to recognize the court's jurisdiction," explains Michael Leach, professor and researcher of politics at Swinburne University in Melbourne.

In 2013, the Australian government was accused by the Timorese government of illicitly obtaining confidential information about offshore oil and gas in the Timor Sea, having "undermined the Timorese during the negotiations for the Treaty on Certain Maritime Arrangements in the Timor Sea in 2004." According to reports, Australian spies had placed eavesdropping devices inside the government palace and used what they heard to their advantage in negotiations with the Timorese government.

Protests

The "Timor Sea Justice Campaign" is organizing a series of protests that will take place in several Australian cities during the week of March 21. The Australian embassies in Jakarta, Indonesia, and in Dili, Timor-Leste, will also be targets of protests. The aim is to seek public support in Australia in pressuring the government to reconsider its maritime claims that overlaps in the territory of Timor-Leste.

Source: https://globalvoices.org/2016/03/25/australia-asked-to-stop-stealing-timor-lestes-oil-and-future/

East Timor determined to get Australia's attention over 'unfair' sea boundaries

SBS News - March 24, 2016

Peter Theodosiou – One of Australia's closest neighbours, East Timor, is trying to draw Australia into negotiations to redraw the sea boundary between the two countries in the resource-rich Timor Sea.

East Timor's government claims it has lost around $6.6 billion (US$5 billion) in royalties and tax revenue in the Timor Sea since independence in 1999, and it has asserted that more than $52 billion would lie in its territory if the sea borders reflected the norms of the UN Convention of the Law of the Sea.

Online campaigns and protests have been organised by several organisations this week calling for Australia to consider negotiations.

A rally in Melbourne on Thursday, outside the Department of Foreign Affairs and Trade office drew hundreds of demonstrators. It is just one in a series of protests held in the last week: outside the Australian embassies in Dili, Jakarta, Manila, and Kuala Lumpar.

The largest protests were seen in East Timor's capital, Dili, on Tuesday and Wednesday, where around 20,000 took part. A rally in Jakarta was also held on Thursday.

Why the East Timorese are protesting

Eka Lopes was one of the thousands who attended Wednesday's protest in front of Australia's embassy in Dili. Protesters shouted slogans including "negotiations now" and "hands off Timor oil" as East Timorese security forces guarded the embassy.

Ms Lopes told SBS the protestors are demanding the boundaries be drawn so that East Timor has control over the resources in the waters off its coast. "It is critical for East Timor to have boundaries, because oil is an important resource," she said.

"Australia gets 10 per cent of the revenue from the area (where resources are extracted), this is unfair because East Timorese people believe that if it belongs to us, it should be given to us, not taken by a country that already has a lot of wealth.

Ms Lopes said seeking what her country believes as justice, was the main goal. "It's an important thing, when something happens to Timor we come out and show our solidarity and show support for each other," she said. "It's a big deal, not only for people in Dili, but for our entire history."

The Australian-based group, Timor Sea Justice Campaign, want a boundary to be drawn along the median line halfway between the two countries' coastlines.

Frosty relations between the countries developed after Australia withdrew from the maritime boundary jurisdiction of the UN Convention on the Law of the Sea (UNCLOS) in 2002, leaving East Timor with no legal avenues to negotiate its claim.

The group says one of the areas in question, called the Greater Sunrise gas field, is located 100km from East Timor and is expected to generate $40 billion in government revenues. According to the group, the area would lie entirely within Timor's Exclusive Economic Zone.

East Timor's government also believes that if the maritime boundary was decided under the UN convention, the bulk of the oil and gas reserves in the Timor Sea would lie within their territory.

Timor Justice Sea spokesman Sam King told SBS he believes the Australian government's position is not legal.

"The Australian government has withdrawn from the relevant international law conventions, precisely because it doesn't have any confidence that what it's doing is legal," he said. "What they have essentially done is try to bully the Timorese government and grab what they can."

Online campaign to get Australia's attention

New York-based campaign group, East Timor and Indonesia Action Network (ETAN), joined this week's protests by calling on people to post a photo of themselves holding paper signs with the words 'Australia: hands off Timor's oil' and 'Australia: Median Line Now.'

ETAN spokesman John Miller told SBS: "We are doing so to send a strong message to the Australian government that their recalcitrance is affecting its global reputation and credibility". "ETAN advocated for Timor's self-determination and sovereignty for many years," Mr Miller said.

"We believe that Timor's independence struggle will not be completed until it establishes internationally-recognised boundaries and has control over the resources within those borders. This would end Australia's legalized theft of income that the East Timorese are entitled to."

Australia stands by existing treaties

A spokesman from DFAT told SBS previous negotiations between the two countries did not reach agreement on permanent boundaries. "As an alternative, we agreed to place permanent delimitation of our maritime boundaries on hold and focus on joint development of the resources," the spokesman said.

"Australia stands by the existing Timor Sea treaties, which have provided investor certainty and allowed Timor-Leste to earn US$11.91 billion in revenue and Australia to earn US$1.33 billion.

"Timor-Leste receives 90 per cent of the revenue from the Joint Petroleum Development Area, an area claimed by both parties during negotiations. Timor-Leste will receive 50 per cent of the revenue from the Greater Sunrise, even though it would only receive 20.1 per cent of revenue if a maritime boundary was drawn based on application of median line principles."

The spokesman said Australia has consistently been open to consultations with the East Timorese Government, and Prime Minister Malcolm Turnbull "recently reiterated a willingness for dialogue on a range of bilateral matters directly in correspondence with the Timor-Leste Prime Minister Rui De Araujo."

The spokesman said stability and development of East Timor is very important to Australia. "We are Timor-Leste's largest development cooperation partner (A$95.3 million ODA in 2015-16) and work closely with the government to enhance livelihoods, advance human development and strengthen governance and institutions."

Source: http://www.sbs.com.au/news/article/2016/03/24/east-timor-determined-get-australias-attention-over-unfair-sea-boundaries

Federal Labor reaffirms promise to mend relations with East Timor

SBS News - March 22, 2016

Peter Theodosiou – For the second consecutive month, more than 10,000 East Timorese protested outside Australia's embassy in Dili, calling for a fairer deal on maritime boundaries and a carve-up of oil and gas reserves.

East Timor claims that it has lost around $6.6 billion (US$5 billion) in royalties and tax revenue in the Timor Sea since independence in 1999, and it has asserted that more than $52 billion would lie in its territory if sea borders reflected the norms of the UN Convention of the Law of the Sea.

The Federal Government has been accused of ignoring the dispute by East Timor officials. East Timor Prime Minister Rui Maria Araujo said she wrote to Prime Minister Malcolm Turnbull seeking new negotiations in early 2016, but she said Mr Turnbull replied that he was open to general talks on bilateral issues and trade, but not on the border issue.

The Labor Party affirmed that it would reopen talks with East Timor in February, but Ms Plibersek made it clear today that talks would be part of the agenda if if her party wins this year's election.

Plibersek, who is Australia's Shadow Minister for Foreign Affairs, told SBS the maritime boundary dispute has poisoned relations between the two countries.

"Labor wants to end more than 40 years of uncertainty over the maritime border, and make sure that the wealth of the Timor Sea can be developed and benefit future generations," she said.

"Labor in government will finally resolve the border with Timor-Leste – through talks, or through arbitration or adjudication. As a good international citizen Australia cannot hold itself above international law."

Ms Plibersek said she met East Timor's former prime minister Xanana Gusmao in March 2015, and he "did not ask for charity for Timor-Leste – he asked for justice". "That is what Labor's proposal is about," Ms Plibersek said.

Mr Gusmao made a speech earlier this week, calling for Timorese to "stand firm and raise one voice" to demand that Australia comes to the table to negotiate new sea boundaries.

An organiser of today's protests, Tomas Freitas said: "This is a struggle increasingly seen by Timorese people as necessary to complete our independence from foreign domination." (AAP)

Source: http://www.sbs.com.au/news/article/2016/03/22/federal-labor-reaffirms-promise-mend-relations-east-timor

Thousands protest outside Australian embassy in East Timor over maritime border

ABC News - March 23, 2016

Sara Everingham, East Timor – Thousands of people have protested outside the Australian embassy in Dili, calling for Australia to negotiate a permanent maritime boundary in the Timor Sea.

Organisers of the protest said good relations between the people of East Timor and Australia had been scarred by Canberra's policy to "illegally occupy" East Timor's maritime territory and "take resources from this small nation".

In a statement, they claimed East Timor had lost $6.6 billion in oil and gas revenues to Australia under provisional arrangements for resource sharing between the two countries.

Earlier this week, East Timor's former prime minister Xanana Gusmao said the Timorese people must "stand firm against Australia" and come together to demand that Canberra negotiates with Dili on the delimitation of maritime boundaries, according to international law.

The demonstration on Tuesday attracted civil society groups, students and veterans of East Timor's struggle for independence.

It was organised to mark the anniversary of Australia's decision to withdraw from the maritime boundary jurisdiction of the UN Convention on the Law of the Sea (UNCLOS).

East Timor believed if the maritime boundary was decided under UNCLOS, most of the oil and gas reserves in the Timor Sea would lie within their territory.

East Timor's Prime Minister Rui Araujo wrote to Prime Minister Malcolm Turnbull earlier this year, asking for talks on a permanent maritime boundary in the Timor Sea.

East Timor said Mr Turnbull offered to hold bilateral talks but declined the request to hold discussions specifically about the maritime boundary issue.

In contrast, the Federal Opposition has announced that if elected it would reopen talks with East Timor on a maritime border and would submit to international arbitration if the talks failed.

Protesters are expected to gather outside the Australian embassy in Dili again on Wednesday and groups in Australia who support East Timor's position are planning rallies in some Australian cities this week.

In a statement, the Department of Foreign Affairs and Trade said all Australians registered with the Dili embassy had been notified about the protests. It said the embassy would remain open but with reduced staff.

Source: http://www.abc.net.au/news/2016-03-22/thousands-protest-outside-australian-embassy-in-dili/7268336

Australia illegally occupying maritime territory of Timor-Leste, protesters say

The Guardian (Australia) - March 22, 2016

Helen Davidson – Thousands of demonstrators gathered outside the Australian embassy in Dili on Tuesday, accusing the Australian government of "illegally occupying" Timor Leste territory by refusing to renegotiate maritime boundaries over oil and gas reserves.

The two countries have been locked in dispute over the maritime boundary, which was agreed to in 1972 between Australia and Indonesia before Timorese independence, and which had an impact on how oil and gas reserves in the Timor Sea were split in a 2006 treaty between Australia and Timor Leste.

There is now no permanent boundary agreement, and the protesters demanded on Tuesday that one be set at the median boundary between the two countries, in line with the usual practice in international law under the 1982 UN convention on the laws of the sea (UNCLOS).

Timor Leste is now engaged in maritime boundary negotiations with its other neighbour and former occupier, Indonesia.

The activist group Movement Against the Occupation of the Timor Sea (MKOTT) accused Australia of "illegally occupying Timor-Leste's maritime territory" to take their resources.

"As a big and powerful country in this region, Australia shouldn't be using its power to continue to steal our future from the Timor Sea," the MKOTT coordinator Juvinal Dias said.

The protests have been timed to coincide with the anniversary of Australia's decision to withdraw from UNCLOS-set procedures of compulsory dispute resolution through an international body.

Australia took this step just weeks before Timor Leste gained independence, according to the Timor-Leste government, and it says the Australian government has since refused to enter into bilateral negotiations on a permanent maritime boundary.

MKOTT called for the Australian government to respect the jurisdiction and authority of international law under UNCLOS, and to "engage in honest and open negotiations about maritime boundaries".

In February, the Australian opposition foreign affairs spokeswoman, Tanya Plibersek, said a Labor government would be prepared to submit to international adjudication or arbitration if "good faith" negotiations were not successful. The Timor Leste government welcomed the announcement.

Timor Leste has accused Australia of bugging a cabinet room to spy on its delegates during 2004 negotiations on the existing treaty. It took Australia to the International Court of Justice, saying its sovereignty had been infringed, but dropped the case last year. A second case before the permanent court of arbitration continues. The independent Australian senator Nick Xenophon has called for a royal commission into the spying allegations.

The rally in the Timor-Leste capital is expected to go for two days, and has support from other protests held across Australia and Asia this week.

Source: http://www.theguardian.com/world/2016/mar/22/australia-illegally-occupying-maritime-territory-of-timor-leste-protesters-say

Thousands of East Timorese besiege Australian embassy in Dili

Sydney Morning Herald - March 22, 2016

Lindsay Murdoch, Bangkok – More than 10,000 Timorese besieged the Australian embassy in Dili on Tuesday to protest Australia's refusal to negotiate with East Timor on a permanent sea boundary in the oil- and gas-rich Timor Sea.

East Timor's former president and prime minister, Xanana Gusmao, called on Timorese to rope in 10 other people to attend the protest, one of the largest in the waterfront capital since the country voted to break away from Indonesia in 1999.

In a speech on the eve of the protest Mr Xanana, a hero of East Timor's independence revolution, said Timorese must "stand firm and raise one voice" to demand that Canberra negotiates with East Timor.

East Timor claims it has lost some US$5 billion (nearly $6.6 billion) in royalties and tax revenue in the Timor Sea since independence, enough to fund its entire budget for three years.

Organisers of the protest included student leaders and veterans of East Timor's long struggle for independence. Many former East Timorese activists from Australia have also been involved in planned protests this week in Melbourne, Sydney, Adelaide, Jakarta, Manila and Kuala Lumpur to mark the anniversary of the date Australia withdrew its recognition of the maritime boundary jurisdiction of the International Court of Justice.

Protesters shouting "hands off Timor oil" and "negotiations now" demanded the case be bought back to the court as Timorese security forces guarded the embassy.

"As a big and powerful country in the region, Australia shouldn't be using its power to continually steal our future from the Timor Sea," said Juvinal Dias, a protest organiser from the Movement Against the Occupation of the Timor Sea. "Australia should come to the table with good faith to negotiate with Timor-Leste [East Timor]".

Protest supporters recalled the sacrifices East Timorese made to help Australia during World War II. "Think about it Australia. Over 40,000 East Timorese died in WWII to help fight the Japanese navy... the East Timorese want nothing more than what's fair," Alex Tilman, an official in the office of East Timor's prime minister, wrote on his Facebook page.

Australia's Ambassador in Dili, Peter Doyle, said of the protest: "Australia believes in the right to peaceful protest and is confident that the Government of Timor-Leste will ensure the safety and security of the embassy, its staff and any visitors".

A complex series of revenue-sharing agreements have allowed some oil and gas developments in the Timor Sea to proceed even though Australia has no settled maritime boundary with East Timor.

Prime Minister Malcolm Turnbull last month offered to hold "frank and open" discussions with East Timor about the boundary but stopped short of Dili's request for formal and discrete talks to settle the impasse.

Mr Turnbull said Australia's long held position was to support treaty arrangements that underpin the current resource sharing in the area and were negotiated in "good faith" and "consistent with international law".

Opposition foreign affairs spokesperson Tanya Plibersek announced this year that a Labor government would negotiate a new boundary in "good faith" and submit the dispute to international adjudication if bilateral talks failed to produce a result.

Labor's shift ended a bipartisan consensus on the maritime border issue, a major irritant in Australia's relations with East Timor.

Source: http://www.theage.com.au/world/thousands-of-east-timorese-besiege-australian-embassy-in-dili-20160322-gnob5x.html

Timorese government launches website on TL's maritime boundaries

Dili Weekly - March 14, 2016

Venidora Oliveira – The Prime Minister (PM) Dr. Rui Maria de Araujo said during the launch of the Timorese government's website on maritime boundaries for Timor-Leste that this is another medium that will help the country achieve its permanent maritime boundaries.

The head of government added that this comprehensive online platform was launched because "this is one of our priorities, to be clear on where we stand in regards to our maritime and land boundaries according to existing international law."

PM Araujo made the statements during a ceremony to launch the website on maritime boundaries for Timor-Leste on 29 February 2016 at the Government Palace in Dili. He added that even though Timor-Leste shares a maritime area with Indonesia and Australia that until now it does not have permanent maritime boundaries with both nations.

The PM said also that establishing permanent maritime boundaries is a matter of national priority for Timor-Leste and represent the final phase of the nation's struggle for sovereignty and national independence.

Meanwhile the Executive Director of organization Luta Hamutuk (LH) Mericio Akara, urged the government to utilize the website to convince the Australian government to resolve the issue of maritime boundaries in the Timor Sea.

"The team working on this portal, can utilize this data and design strategies to convince Australia to talk about maritime boundaries," said Director Akara.

He added that the launch of the new website represents a positive step in that communities will be able to access information on the process of negotiations with the Indonesian and Australian governments in regards to Timor's maritime boundaries.

Source: http://www.thediliweekly.com/en/news/news/13550-timorese-government-launches-website-on-tl-s-maritime-boundaries

Maritime border dispute with Australia a 'second fight for independence' for Timor

Channel News Asia - March 9, 2016

Samantha Yap, Dili, Timor-Leste – More than a decade after gaining their independence, the people of Timor-Leste are fighting another battle. This time, there are billions of dollars at stake.

Timorese business leaders and civil society campaigners are calling on Australia to enter into "good faith" negotiations for a permanent maritime boundary at an equal distance between the two countries.

"We are asking Australia to come to the table in good faith and discuss our maritime boundary, based on respect for each other," said Juvinal Dias, rally leader of the Movement Against the Occupation of Timor Sea (MKOTT).

Last month, MKOTT staged a rally outside the Australian Embassy in the capital Dili to mark the 10-year anniversary of the Certain Maritime Arrangement of the Timor Sea (CMATS) treaty. MKOTT is asking Australia to resubmit to the jurisdiction under the international court mechanism for the disputed maritime boundary.

According to Mr Dias, around 4,000 protesters made up of students, activists, former resistance fighters and civil society staged a peaceful protest calling Australia to respect its sovereignty.

Mr Dias said that they are fighting for the same right as every country in the world, the "right for their own territory". That is a view shared by others in the business world.

"This fight is almost like our second fight for independence. We've got our political independence but it's now about sovereignty and economics," said Francisco Da Costa Monteiro, President and CEO of Timor Gas and Petroleum (TIMOR GAP), Timor-Leste's national oil company.

Under the United Nations Convention on the Law of the Sea (UNCLOS), Timor-Leste believes it is entitled to a wider area than has been agreed upon in several treaties. Just before Timor-Leste became independent in 2002, Australia withdrew from the dispute-settling authority of UNCLOS.

On Jan 12, 2006, Australia and Timor-Leste signed the CMATS treaty for the equal distribution of proceeds of petroleum obtained in the Greater Sunrise oil and gas fields. The deposits in the disputed Greater Sunrise oil and gas fields under the CMATS treaty are worth at least US$40 billion.

Ties between the two countries turned sour when Timor-Leste took Australia to the International Court of Justice in 2013, alleging Australia spied on Timor-Leste's deliberations over CMATS.

Timor-Leste's economy on the line

"To us it's better to enter into the negotiations for limiting the maritime boundary permanently so that it can provide certainties for everyone that's involved," said Mr Monteiro, who is also the Joint Commissioner under the Timor Sea Treaty (TST) which oversees the Joint Petroleum Development Area (JPDA).

These certainties would allow the companies and investors who carry out oil explorations in the Timor Sea to clearly identify who legally has the right to manage the resources. Mr Monteiro added that "having full control of 100 per cent of the area will certainly help develop the country's economy".

The TST, signed on May 20, 2002, the day Timor-Leste gained independence, provides for the sharing of proceeds of petroleum found in the JPDA between Australia and Timor-Leste. But the JPDA does not determine the maritime boundary between the two countries.

Australia's proposal

Timor-Leste's current population hovers at around 1.2 million people. "Australia is a big country and doesn't need more resources, especially resources that are lying in our boundaries," said former Foreign Minister of Timor-Leste, Zacarias Albano Da Costa.

"As a Timorese I think I should make an appeal to the Australian people to also look at our situation, and think about the solution which can bring fairness to the dealings between the two countries," he added.

Last month, Australia's opposition Labor party proposed to conclude "good faith" negotiations with Timor-Leste to settle the boundaries once and for all.

Australia's opposition foreign affairs spokesperson, Ms Tanya Plibersek made this announcement at the countries National Press Club adding that while Australia regularly calls on other countries to abide by international laws to settle disputes, Australia too will need to "adhere to them".

"If we are not successful in negotiating a settlement with our neighbour, we are prepared to submit ourselves to the international adjudication or arbitration," she pledged.

But the decision to enter into dialogue still rests with Prime Minister Malcolm Turnbull's government. Meanwhile, Timor-Leste looks set to keep pushing the issue until the permanent maritime boundary is drawn up. "We being a new (and) small country, we cannot hope much but hope for the wisdom of the international community," said Mr Monteiro. – CNA/hs

Source: http://www.channelnewsasia.com/mobile/asiapacific/maritime-border-dispute/2586896.html

Timor Sea protest group calls for GG's help in maritime dispute

The Guardian (Australia) - March 3, 2016

The Australian Governor-General, Peter Cosgrove, has turned down a request by a Timor Sea civil society group to meet during his short tour of Timor-Leste seeking a "frank and open" discussion about the maritime boundary dispute.

The Movement Against the Occupation of the Timor Sea (Movimentu Kontra Okupasaun Tasi Timor/MKOTT) has sent an open letter to Cosgrove, saying that "occupation and exploitation" had continued in the country after independence from Indonesia.

"This occupation has, to our dismay and disappointment, been continued by the government of Australia, the country of which you are Governor-General, a wealthy and prosperous country," the letter said.

Spokespeople for MKOTT said the Australian Embassy had rejected the meeting, quoting Deputy Ambassador Angela Robinson as saying Cosgrove had a "very full program during his short time" in the country.

The open letter from MKOTT, dated March 2, said:

His Excellency, Mr Peter Cosgrove, Governor-General of Australia

Welcome to Timor-Leste.

The Movement Against the Occupation of the Timor Sea (Movimentu Kontra Okupasaun Tasi Timor/MKOTT) is a social movement composed of activists, students, individuals, former resistance and civil society organisations. Since its creation in 2004, this moment has advocated for legal, judicial and diplomatic processes between the Australian and Timor-Leste governments to find a maritime boundaries solution which is fair to both countries.

As a movement of people from Timor-Leste, we deeply appreciate your actions as a commander of the international force which came to Timor-Leste seventeen years ago, saving the lives of many Timorese from the brutal violence of the Indonesian military after we won our independence.

Even though we were informed by the Australian embassy in Dili that you were unable to meet with us during your visit to Timor-Leste because your schedule was full, and also because your role in the Australian government does not relate to the question of the maritime boundary between Timor-Leste and Australia, we still see you as an important person in the relationship between our two countries.

Today, as a good friend of the people of Timor-Leste, you visit our land once again, where seventeen years ago you offered you solidarity and assistance. We believe that you understand very well how the people of this nation have suffered as a result of war and conflict, and have been kept poor for centuries of colonial occupation and domination.

Unfortunately, however, this occupation and exploitation has continued after Timor-Leste achieved independence. This occupation has, to our dismay and disappointment, been continued by the government of Australia, the country of which you are Governor-General, a wealthy and prosperous country. Therefore, by means of this letter, MKOTT would like to use the occasion of your visit to Timor-Leste to beseech you, as a historical friend of the people of Timor-Leste, to use your influence and ask the Australian Government to:

1. Respect the sovereignty and dignity of the people and nation of Timor-Leste as they do and have done with other nations. 2. Revert to the maritime boundary dispute resolution mechanisms under the jurisdiction of the International Court of Justice and the International Tribunal on the Law of the Sea. 3. Focus negotiation "Frank and Open" on maritime boundary and do not turn the subject in to broader bilateral relationship. 4. Discontinue their use of now discredited "Continental Shelf" argument. 5. Stop using their considerable political and economic power to continue to rob Timor-Leste's people of their current and future wealth.

We would like to once again express our deep gratitude for your solidarity with the Timorese people, and thank you very much for your attention.

Sincerely,

Juvinal Dias and Faustino Soares (Spokesperson of the Movement)

Source: http://asiapacificreport.nz/2016/03/03/timor-sea-protest-group-calls-for-ggs-help-in-maritime-dispute/

Aust ignoring border dispute: Timor MPs

Australian Associated Press - March 3, 2016

Australia took advantage of East Timor's weakness and is now dodging its international obligations over the disputed marine border, a Timorese MP says.

During a special session of parliament in Dili on Thursday, the heads of all four major political parties entreated Governor-General Sir Peter Cosgrove to ask the Australian government to come to the negotiating table over the disputed marine border between the countries.

Since 2002 there has been uncertainty over the exact parameters of the border because Australia is ignoring the issue, said Natalino dos Santos Nascimento, of the CNRT party.

"The Australian government did everything to prevent an agreement for the sea and made sure we had no other choice than to accept their proposal," he said via an interpreter.

"That was a very difficult choice for us because we were a very weak country; we had no assistance from experts on oil issues, no legal expertise to analyse the process of this agreement... The Australian government knew and took advantage of our weaknesses."

Aniceto Guterres from Fretilin said Australia's unwillingness to renegotiate showed its position on the border is weak. "We just ask our neighbour Australia to respect our rights according to international law," he said. "We hope with our beautiful friendship we won't just be speaking words into the wind, we hope that people will hear us."

The Governor-General said Australia wanted to focus on close ties in the future. "It's not always easy, it's not always simple... Like all friends, we have our differences," he said.

Since signing the 2006 treaty, East Timor "has accrued significant sovereign wealth in your petroleum fund" which would provide for future generations, he said. "Australia is known as a fair and pragmatic country, we will continue to seek fair and pragmatic solutions to resolve our differences... Our people stand together."

The marine border dispute:

Timor-Leste and Australia signed treaties in 2002 and 2006 as provisional arrangements regarding the marine border, across which sit the Greater Sunrise underwater oil and gas fields
Australia originally received more than 80% of revenues which has been revised to a more equitable split
East Timor wants to negotiate a formal marine border with a median line split, but Australia has so far not agreed to enter into formal talks
East Timor is the only country with which Australia is yet to negotiate a marine border
The lucrative refining of the oil and gas is done in Australia
In 2013 East Timor took Australia to the international court, alleging that Australian spies bugged its cabinet room to eavesdrop on deliberations about Greater Sunrise
It says that since independence it has lost about $US5 billion in royalties and tax revenue due to the border division, equivalent to about three years of the national budget.

Source: http://www.sbs.com.au/news/article/2016/03/03/aust-ignoring-border-dispute-timor-mps

New border talks with East Timor unlikely

Australian Associated Press - March 2, 2016

Australia has closed the door on reopening talks with East Timor about a maritime boundary dispute and a carve-up of oil and gas reserves.

East Timor Prime Minister Rui Maria Araujo wrote to Prime Minister Malcolm Turnbull seeking new negotiations.

Dr Araujo told Portuguese language news agency Lusa that Mr Turnbull replied that he was open to general talks on bilateral issues and trade but not on the border issue. Mr Turnbull, in his response, said the existing resource-sharing arrangements met international obligations.

Labor has vowed to reopen good-faith negotiations with East Timor or submit to arbitration if it wins the next election.

Opposition foreign affairs spokeswoman Tanya Plibersek said Australia could hardly lecture China and the US about following the international rules-based order when it flouted inconvenient rules when it suited.

"It will be a great disappointment to the government and people of East Timor," she told reporters in Canberra on Wednesday.

Source: http://www.theaustralian.com.au/news/latest-news/new-border-talks-with-east-timor-unlikely/news-story/f5406e9d812be5abcdca8149f3a090c5?=

PM Malcolm Turnbull disappoints East Timor on talks on maritime boundary

Melbourne Age - March 1, 2016

Tom Allard – Prime Minister Malcolm Turnbull has offered to hold "frank and open" discussions with East Timor about the unresolved maritime boundary between the two countries but stopped short of the fledgling state's request for formal and discrete talks to settle the impasse.

East Timor's prime minister Rui Araujo wrote to Mr Turnbull on February 1 asking that the two leaders meet to discuss a permanent maritime boundary in the Timor Sea, rich in oil and gas.

Dr Araujo told Mr Turnbull that the current arrangement, where the two countries share oil and gas revenue in a joint development area, does not reflect East Timor's entitlements under international law. As a result, East Timor believes it has lost some $US5 billion in royalties and tax revenue since independence, enough to fund its entire budget for three years..

East Timor asserts the vast majority of the oil and gas reserves in the Timor Sea – worth about $40 billion in royalties and tax alone – would lie in its territory if the sea borders in the Timor Sea reflected the norms of the UN Convention of the Law of the Sea (UNCLOS), a contention Australia rejects.

In his response to Dr Araujo, Mr Turnbull highlighted the importance of the relationship and said there was a genuine need for "frank and open" discussions about the border. However, he said those talks should take place only within the context of the broader bilateral relationship and alongside "other issues".

The government's position falls well short of the pledge last month by Opposition foreign affairs spokesman Tanya Plibersek that Labor would negotiate a new boundary in "good faith" and submit the dispute to the international adjudication if bilateral talks failed to produce a result.

Further deflating hopes in Dili, Mr Turnbull also said Australia's long-held position was to support the treaty arrangements that underpin the current resource sharing in Timor Sea and were negotiated in "good faith" and "consistent with international law".

East Timor takes a different view in light of the revelations that the Australian Secret Intelligence Service agents – operating undercover as aid workers – inserted listening devices into the wall cavity of East Timor's government office during treaty negotiations in 2004.

East Timor has restarted international arbitration in the Hague to press its claim that the eavesdropping should render the Timor Sea Treaty void on the grounds it wasn't negotiated in good faith, as required under the Vienna Convention.

It is a development that Mr Turnbull is believed to have told Dr Araujo was a "disappointment". Even so, the voiding of the treaty would not require Australia to negotiate a new arrangement, let alone a permanent maritime boundary.

In 2002, just before East Timor became independent, Australia withdrew from the dispute-settling authority of UNCLOS, meaning East Timor can't go to the UN for a determination on the boundary.

With Mr Turnbull calling on the various claimants in the South China Sea to settle their disputes according to international law and to ratify UNCLOS, Australia's position on East Timor undercuts its wider diplomatic authority, critics argue.

The Philippines has taken China to a tribunal under UNCLOS over a territorial dispute in the South China Sea and Mr Turnbull has said he was "looking forward" to the outcome.

But China says it won't recognise the tribunal's verdict and its foreign minister Wang Yi noted the inconsistency of Australia's position at a joint press conference with foreign minister Julie Bishop last month.

"We issued a declaration excluding China from being subjected to the compulsory [UNCLOS] settlement measures," Mr Wang said. "Let me also point out that China is not the only country that has issued such declarations. Altogether there are 30 to 40 countries around the world that have issued similar declarations and Australia is also one of them."

Source: http://www.theage.com.au/federal-politics/political-news/pm-malcolm-turnbull-disappoints-east-timor-on-talks-on-maritime-boundary-20160301-gn798f.html

Human rights & justice

HAK: Public defenders' service not working effectively

Dili Weekly - March 23, 2016

Venidora Oliveira – The Director of the Human Rights Association (HAK), Manuel Monteiro, has criticized the judicial public defenders service, saying it is not functioning properly.

He said during HAK's visits to Becora and Gleno prisons, prisoners always question about the service system of public defenders who do not pay more attention to them. "They just come to the first trial and then they make no effort to prove their clients are not guilty," said Monteiro in Dili.

However, in comparison he said government leaders and officials always received better service than poorer people. "They give good treatment to our leaders by finding evidence then appealing but for the people, they don't," he said.

In response, President of Public Defenders Sergio Hornai conceded services provided to the accused in some cases was lacking due to limited human resources. "We only have three public defenders, however, we have more than 500 prisoners, so the public defenders are not proportional to the prisoners that we have," said Hornai.

However, he said public defenders were making efforts to provide a better service, particularly for those facing their first interrogation and trial. "They cannot provide the service to all of them, [but] at least we can do something for a few of them with the limited resources that we have," he said.

Source: http://www.thediliweekly.com/en/news/news/13578-hak-public-defenders-service-not-working-effectively

HAK: government must not deny the crimes of Japan soldiers

Dili Weekly - March 21, 2016

Paulina Quintso – The Coordinator of Timor-Leste Human Rights Association (HAK), Xisto do Santos, called on the Timor-Leste and Japanese governments to acknowledge sexual crimes committed by Japanese soldiers against Timorese women in World War II.

He said the Japanese government should formally accept responsibility and pay compensation to victims and their families. The comments came on the 74th anniversary of the Japanese invasion to Timor-Leste in 1942.

"We ask the government of Japan and Timor-Leste to have mutual diplomacy in order to find a solution for vulnerable victims," Santos said at a press conference in Farol, Dili.

He said some Timorese leaders still refuse to talk about the issue because they find it embarrassing. "We and the victims' family continue to urge and struggle for justice," he said.

HAK has submitted documents to the Korean government, UNESCO and the CEDAW committee asking that they advocate on behalf of Timorese victims.

Korean victims have already received compensation from the Japanese government. He said 15 comfort women had been identified, but 5 had already died.

Youth Inocencio Xavier called on the government not to hide the true story of World War II from the younger generations. "There were many violations across the country [and] we are afraid to tell the true story to the younger generations," he said.

He added that Timorese victims must receive justice in order to end the ongoing cycle of impunity. He also called for the Ministry of Education to introduce curriculum into schools so that students can learn about the history of what happened during World War II.

Source: http://www.thediliweekly.com/en/news/capital/13568-hak-government-must-not-deny-the-crimes-of-japan-soldiers

Human Rights Ombudsman's Office revises its internal laws

Dili Weekly - March 14, 2016

Venidora Oliveira – Human Rights and Justice Ombudsman (PDHJ) Silverio Pinto said the organization plans to revise its internal laws as several positions and systems need to be improved and updated.

He explained that in the past the director was responsible for good governance and human rights monitoring, as well as advocacy and civic training.

However, a national directorate would now be established to take on this role. "These directorates will focus on good governance and human rights issues," said Pinto in Dili.

He added that the Director General would become the Executive Secretary and a cabinet responsible for ombudsman protocol would be established. The cabinet would also be responsible for arranging the ombudsman's activities and trips.

He said provisions had been in the laws for subsidies to be provided to those with an additional work load. He said the proposed new laws had been prepared by PDHJ and would be sent to the council of ministers to be discussed and approved.

Member of Parliament MP Francisco da Costa said while all institutions should have strong internal laws, existing laws that were working well should be maintained. "We need to look where the laws need to change, but in general they are being changed to do a better job in the future," he said.

He hoped that the changes would proceed despite the problems faced in Timor-Leste and the weak implementation of laws.

Source: http://www.thediliweekly.com/en/news/capital/13546-human-rights-ombudsman-s-office-revises-its-internal-laws

Political parties & elections

29 political parties register for 2017 election

Dili Weekly - March 14, 2016

Venidora Oliveira – Twenty-nine political parties have registered with the National Commission for Election (CNE) to take part in the 2017 national elections.

Commissioner Joana M. Dulce Vitor said of the 29 that have registered, three are new parties. "The new parties have fulfilled the criteria and they deserve to take part in the 2017 election," said Victor at her office in Kaikoli, Dili.

The three new parties are: A movement for free Maubere people (MLPM), Social Democratic Timorese Action Center (CASDT) and the Democratic Development Unit (PUDD).

In 2012, 26 political parties registered, with 21 forming a coalition to contest the election. She said the number may rise to 30 if the Popular Liberty Party (PLP) successfully completes the enrollment process.

Member of Parliament MP Agustino Lay said the constitution permits a group or individual to establish a political party to contest the election if they fulfill the set criteria.

"All people have the right to do that because all parties have their program for the people," said Lay, adding that it would be up to the voters to decide. He called on party leaders to focus on their policies rather than trying to insult their political rivals.

Meanwhile, resident Julia Maria Noronha said the number of political parties was too high for a small country like Timor-Leste and an unnecessary expense for the state budget. "We will spend money for nothing because people will choose one or two parties," she said.

Source: http://www.thediliweekly.com/en/news/capital/13544-29-political-parties-register-for-2017-election

Social movements & civil society

Government allocates $9 million for civil society in 2016

Dili Weekly - March 29, 2016

Paulina Quintso – The Timorese government has allocated $9 million to support civil society development programs in 2016.

The Coordinator of Aid-Funding for Civil Society, Cabinet of Prime Minister, Joaquim Freitas, said while there would be no funding for new programs in 2016, existing projects would continue to receive support.

"There is no budget for new programs because the government will focus on current programs to be completed," said Freitas at the veterans' office in Taibesi, Dili.

He said there have been more than 200 proposals from civil societies submitted to Cabinet, but only a small number would be approved due to a lack of human resources. "Some proposals are good, but the budget proposed is not realistic so we removed them," he said.

To be eligible for funding organizations must have a clear structure, vision and mission statement, a permanent office and sustainable programs. He added the government had supported 89 organizations to implement development programs in 2015.

National Member of Parliament MP Albina Marcal said the parliament approved a budget each year to support civil society programs as they were the government's development partners in Timor-Leste.

However, she also called for the Coordinator of Aid-Funding for Civil Society to present its report at the plenary session so that MPs could have more information on what programs were being implemented.

Meanwhile, the General Secretary of Klibur Organization Resistensia Timor-Leste (KORENTIL), Jose Monteiro, said it is working on 25 member organizations on different programs.

He said it had provided training on conflict prevention in the 12 municipalities and special region of Oecusse with its allocated funds. "Our dream is to strengthen national unity and stability, bring peace and give the government a chance to develop the State," he said.

Source: http://www.thediliweekly.com/en/news/capital/13586-government-allocates-9-million-for-civil-society-in-2016

Health & education

Timor-Leste lacks qualified human resources in the natural sciences

Dili Weekly - March 10, 2016

Paulina Quintso – Executive Secretary of Human Capital Development Fund (FDCH), Ismenio Martins da Silva, said Timor-Leste still lacks in human resources in the discipline of the natural sciences which he hopes to be able to improve in 2016 through the fund.

He said that Timor-Leste still lacks human resources in this field including specialist doctors, medical equipment engineers, analysts for land construction and agriculture engineering, meteorology and geophysics engineers, archaeology and product transformation engineers, fishery engineers and IT forensic specialists.

"We need to improve our human resources in these areas," said Martins in his office, in Fatuhada, Dili.

He added that in 2016 these will be his priority areas for human capital development and that the parliament already approved $34 million for human capital development both inside and outside Timor-Leste.

Martins said also that from 2011 to 2015 the Timorese State has already invested $184 million to develop human resources. Based on the data provided by the FDCH, there are 3,195 scholarship recipients studying inside and outside the country and from these 595 people have already graduated and are working across government institutions.

Meanwhile, the President of Commission F (Health, Education, Culture, Veteran Affairs and Gender Equality) Member of Parliament MP Virgilio da Costa Hornai said it is very important that scholarship recipients return from their studies ready to work for the people.

"We must identify the human resources we have and award scholarships based on the actual needs of the country," said MP Hornai. He said, the human capital development funds are also available to develop the capacity of the machinery of government so the ministries must identify priority areas that need strengthening.

Source: http://www.thediliweekly.com/en/news/capital/13516-timor-leste-lacks-qualified-human-resources-in-the-natural-sciences

Women's rights

RF-SEPFOPE aiming to improve gender knowledge among youth

Dili Weekly - March 29, 2016

Paulina Quintso – Timor-Leste's Women's Network (Rede Feto-RF) organization is working with the Secretary of State for Vocational Training Policy and Employment (SEPFOPE) to provide gender training for youths.

RF Capacity Building Officer Filomena Fuca said it aims to raise awareness around issues of gender equality among young people. "We want to improve their knowledge about gender so that during the training they can have respect and support each other," said Fuca at her residence in Kaikoli, Dili.

She said it was important for all people to understand and eliminate discrimination against women within families and wider society. The training initiative got underway in February and is being supported by the Asian Development Bank ADB.

Meanwhile, SEPFOPE's Director General (DJ) Jacinto Barros Gusmso said it was important participants implemented what they learnt in their every day life. "We want them to have a good understanding about gender equality so there will be no more discrimination in the office," said Gusmso.

Meanwhile, women's rights activist Isabella Galhos said gender equality should be a priority for all Timorese people. "Gender equality is not only about women, it is about everyone in Timor," she said.

Source: http://www.thediliweekly.com/en/news/gender/13588-rf-sepfope-aiming-to-improve-gender-knowledge-among-youth

Graft & corruption

KAK calls for anti-corruption law

Dili Weekly - March 29, 2016

Venidora Oliveira – The President of the Anti-Corruption Commission (KAK), Aderito Tilman, has urged National Members of Parliament to discuss the adoption of anti-corruption laws in the country.

He said the laws were important for KAK to help facilitate its investigations. He said KAK was unable to investigate a number of corruption cases as there was no provision in the Timor-Leste penal code.

These include financial mismanagement, fraud and crimes in the construction and private sectors. He said these crimes should therefore should be included as part of future anti-corruption laws.

Meanwhile, Member of Parliament MP Antoninho Bianco said it was up to the President of Parliament which laws were prioritized and passed onto Commission A, the body responsible for discussing laws related to the constitution, judicial system, public administration and corruption.

However, he said anti-corruption laws had yet to be passed onto the Commission, which is currently discussing district administration, suku (hamlet) election and village chief laws.

Resident Manuel Sarmento said the laws were important as corruption cases were on the rise across the country. "Many leaders get involved while the people continue to live in poverty," he said.

Source: http://www.thediliweekly.com/en/news/news/13590-kak-calls-for-anti-corruption-law

Social security & unemployment

MP calls for MSS to facilitate payments for the aged

Dili Weekly - March 23, 2016

Paulina Quintso – There are calls for the Ministry of Social Solidarity (MSS) to change the aged payment system as most recipients are unable to walk to collect their benefits.

National Member of Parliament MP Ilda Maria da Conceicso said payments are only received at the administrative post in Viqueque, which means that those who live far away and are in poor health are unable to access their entitlements.

She said some beneficiaries must walk 24km to reach the administrative post. "Like in Afoloicai suku, Uato-Carbau administrative post (Viqueque Municipality), there are 30 beneficiaries who have not received the money since 2015 because they cannot walk,"da Conceicso said.

Recipients generally receive their payment every six months. In the past, a family member or other representative was able to collect the payment on behalf of recipients unable to come in person, but that policy has since changed. She said a system needed to be set up to facilitate payments for those in remote areas or unable to travel for health reasons.

However, Director for Regime Non-contributive of MSS Leonito Vicente Faria Pereira said technical officers were on the ground to perform verification checks for those who are sick and eligible for payment.

He said officers relied on a list of names provided by local authorities. He therefore called on local authorities to assist in identifying those beneficiaries who needed to receive payments directly at their home but were not currently on the list.

"They (officers) always ask the local authorities to identify those who are sick and they will do the payment directly at their home," said Pereira. He said the payments had been deposited into their individual bank accounts set up by the government and was not lost.

Source: http://www.thediliweekly.com/en/news/capital/13574-mp-calls-for-mss-to-facilitate-payments-for-the-aged

Agriculture & food security

El Nino impacts thousands of families in Timor-Leste

Thomas Reuters Foundation - March 28, 2016

Ali Saikal and Julmiro Isaac Manuel – Timor-Leste is a tiny country of about 1.1 million people, but estimates suggest that up to 150,000 people – 12 per cent of the population – may be affected by extreme drought brought on by the El Nino weather phenomenon.

Lucia, 44, and Fransisco, 43, have four children under the age of 14. The family's main source of income is agriculture and they are part of a 12-home cooperative in Lautem, northeast Timor-Leste, that grows and sells a variety of produce.

In a normal year, the families grow crops according to the weather cycle: cabbage from December to March, water spinach from March to April, and tomatoes, beans and other vegetables from April to June. By now this year, they should have earned between $150 and $200. But 2016 has been different. The rains have not come and farming has been impossible.

Finding ways to get by

Lucia now collects firewood from the hills and sells it for 10 cents a bundle. This brings in about $10 a month. She also makes tais – traditional Timorese woven scarves. "I can profit about $50 per tais but the demand is not high in our area and so we seldom sell."

Francisco finds work as a labourer from time to time. "At the moment, I am shovelling sand into trucks near our community. I earn $8 per day, but these jobs are intermittent and unreliable."

The impact of drought

Lucia's village gets its water from a gravity-fed water system, but the spring is almost dry, making water hard to come by. Before school each day, children are sent to neighbouring communities to fetch water, meaning they are usually late to class as they have to travel up to two hours on foot each day.

These communities are running out of options and it's having an impact on people's health, especially children. Girls and boys aren't getting enough to eat, there's little in the way of clean water for drinking, washing and cleaning, and sickness like diarrhoea is becoming more common.

Food prices in the market are up and Lucia's family only has rice mixed with hot water for their meals. If the kids get sick, they can't afford treatment. "If the rain does not come we will have to move our family and live in the mountains where there is more water – or wait here to die," said Lucia.

Other areas along the Lautem coast are facing similar problems: water scarcity coupled with massive loss of livestock. One community reported that 32 buffalo have died so far with this drought. Another family says eight of their 20 buffalo have perished while the remaining 12 aren't healthy enough to be sold.

Livestock die after drinking salt water from the sea, the only conceivable option left as their wells and water holes have run dry. There are now areas that the community avoids due to the overwhelming smell of rotting carcasses.

Scrambling to respond

Plan International Timor-Leste works in Aileu and Lautem to ensure children have access to clean water for drinking and washing, along with sanitary toilet facilities. The organisation supports the government and development partners to map and monitor water sources at risk of drying up and distribute information about water conservation, all the while ready to respond – by repairing water systems and getting water to communities in need – if called on by the authorities.

Plan International, Care, Oxfam, Caritas and World Vision – agencies that have formed an alliance through a Humanitarian Partnership Agreement (HPA) – have launched a joint report on El Nino in Timor-Leste. Without adequate food supplies and limited future crop growth, it is estimated that 100,000 to 150,000 people will be at risk of an acute food and livelihood crisis, according to the report.

Some 65 per cent of households surveyed have less than one month of food stocks remaining and 55 per cent of surveyed families are reducing their meal intake.

Women are bearing the brunt of the impact of El Nino, spending more time collecting water and tending to domestic activities. Some women are even reporting an increase in domestic disputes both at home and in the community.

[Any views expressed in this article are those of the author and not of Thomson Reuters Foundation.]

Source: http://news.trust.org/item/20160328125757-6aen1/?source=leadCarousel

Governance & administration

Transcript: Jose Ramos Horta

The Nation - March 12, 2016

Lisa: New Zealand has committed peacekeepers to Timor Leste for 13 years and lost five soldiers there.

We still give the country $14 million a year in aid. But the oil's running out. Petroleum revenues have halved in a year and some are concerned the country could be broke inside a decade.

Jose Ramos-Horta is a UN Special Representative and a Nobel Peace Prize winner. He used to be Timor Leste's Prime Minister and President.

Newshub's Pacific Correspondent Michael Morrah spoke to him in Wellington this week and asked if, after all his years of war and work, how much the dwindling oil supplies threaten his homeland?

Jose Ramos-Horta: The fact that there is a possibility of serious financial economic difficulties, let's say five years from now, doesn't say that the last 15 years nothing was done. No. We built a country from nothing 15 years ago. We have achieved a lot. Much more remains to be done, great challenges ahead partly because of the dwindling revenues from oil and gas.

Michael: But there have been a lot of concerns that the current government has been overspending.

That's

Would you agree that some money's been wasted on, say, infrastructure projects, et cetera?

I would have done it differently.

How would you have done things differently?

I would have, for instance, in the 2016 budget; I would have reduced it drastically by at least 30 percent, cutting where I think would be superfluous, like international travels. I would have it closed down and I recommended in writing closing down six embassies. I would have cut down in ministers, members of parliament, privileges. If we completely cut down on the excessive international travels by governments, civil servants, by MPs.

Has that travel been wasteful, in your view?

Mostly wasteful, yes. Mostly wasteful.

Why is that? Are these MPs being frivolous with money, irresponsible with money?

Well, I wouldn't say irresponsible. When I was president of my country, as head of state I travel with two or three people. When I go to New York, even the US Secret Services who accompanied me, they were surprised. I stay in a simple single room that you pay $250 a night. They never heard of a head of state staying in such simple rooms, never heard of a head of state travelling with two, three people. Now they travel with 20, 30 people entourage.

So it's unnecessary?

Totally unnecessary. So we can do many things that will save millions, literal millions of dollars that we cannot save when it comes to education, we cannot save when it comes health care for the poor people. We must invest more in food security, in rural development. But, yes, we can buy less cars. We have so many government cars in my country and so much waste in terms of use of fuel for government cars that are misused in, you know, for going to the market, going to the beaches and all of that.

Do you have any concerns about corruption in the current government?

We do have corruption, but the whole thing is the courts are asserting themselves.

And you have confidence in them?

I have confidence in them, and they have handed out verdicts that have sent some ministers to jail. A previous minister of justice spent about five years' sentence. The mayor of Dili got two years in prison.

So your message to the current Timor-Leste government is to cut out wasteful spending?

Yes, absolutely. They didn't do it in 2016. I hope it is done in 2017 to reflect the reality of our dwindling revenues from oil and gas.

If these reforms are not carried out, the predictions are that Timor-Leste could become a failed state. Is that possible, in your view, if reforms are not carried out?

[It's] always possible if your reforms are not carried out. The reality is life expectancy 10 years ago was below 50 – Now it's 67. Infant mortality, child mortality – it's down by half. Malaria, dengue – almost gone.

Timor-Leste that I know today, day to day, is different, better than it was 15 years ago. Maybe one great failure on our part and the facts are there to show that it's a failure is in agriculture. We didn't invest wisely in making Timor-Leste absolutely self-sufficient in food security.

So how confident are you that the country can get through these tough times and become a prosperous nation? Or do you have serious concerns about its ability to do that?

Oh, I'm seriously concerned about the next five, 10 years. Maybe the next five years we still can get by because we have enough revenues in oil and gas as long as we control expenditure. We have to lower expectations. We have to ask our people to tighten the belt the next five, 10 years. But to do that, government officials, politicians have to show example to tighten the belt, less consumption and less expenditure with credible political leadership because people respond; people are prepared to sacrifice themselves.

Do you think there needs to be a change in political leadership? An election's coming up.

We'll see in the next election, 2017, the leaders that will emerge. I do not have a political party. She [Helen Clark] was a great prime minister of New Zealand, successful woman. She has managed a very difficult UN body, the United Nations Development Programme. She's smart and brilliant. If she were to be a candidate, being particularly a woman now, because there's a lot of pressure on the UN to have the next Secretary General a woman, so she stands a good chance. But she, Helen Clark, like Kevin Rudd and few others I know, not being from Eastern Europe – that is their handicap unless they convince the Russians. That Helen Clark's from New Zealand, small country, far away from the rest of the world.

So you think she'd make a good head of the UN, but at this stage chances are slim?

Chances are very slim for anyone from outside Eastern Europe.

Dr Ramos-Horta, thanks so much for talking to The Nation. A pleasure to meet you.

Thank you.

Transcript provided by Able: www.able.co.nz

Source: http://www.newshub.co.nz/tvshows/thenation/transcript-jose-ramos-horta-2016031216#axzz42iLjfTvx

International solidarity

Timorese protesters in Jakarta demand Australia walk away from Timor Sea

Java Post (JPPN) - March 24, 2016

Jakarta – East Timorese students are calling on Australia to leave East Timor's territorial waters accusing the Kangaroo Country of too long exploiting and profiting from East Timor's natural wealth.

This was articulated by students from East Timor from the East Timor Student's Association (Klibur Estudiante Timor Leste, Keustil) at a demonstration in front of the Australian Embassy in Jakarta on Thursday March 24.

The protest action was similar to those held by their sisters and brothers in East Timor over the last few days. "We demand Australia [leave] because it has sabotaged our territorial waters and taken [our] oil from East Timor's territory", explained action coordinator Nelson Pereira.

According to Nelson, starting in 1971 Australia began holding illegal negotiations with Indonesia over the maritime area referred to as the Timor Gap without ever inviting the people of then Portuguese Timor to participate. "The result of the negotiations which took place in November 1973 was that Australia obtained the bulk of the benefits from these negotiations", he explained.

Nelson went on to explain that despite the August 30, 1999 referendum in which the Maubere (Timorese) people decided to separate from Indonesia, Australia continued to use the maritime boundary agreements with Indonesia in 1971 and 1972 without automatically setting a new maritime boundary. "So based on this, the agreement that has continued to be used up until this day is in fact illegal", asserted Nelson.

With regard to the exploitation of oil, Nelson explained that the Laminaria-Carollina oil fields have been exploited by more than 100 million barrels by Australian Petroleum, BHP and Shell. "The Australian government received profits of US$900 million which were never enjoyed by the Timorese people. And these oil reserves are almost exhausted", he explained.

Because of this therefore, the protesters are challenging Australia to prove itself as a big country which says it is ready to help developing nations in the Asia Pacific without conditions or ill intentions. "So this open hearted country doesn't become a country of hypocrisy", said Nelson. (rmol/dil/jpnn)

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Gelar Aksi di Jakarta, Mahasiswa Timor Leste Tuntut Australia Hengkang".]

Source: http://m.jpnn.com/read/2016/03/24/365703/Gelar-Aksi-di-Jakarta,-Mahasiswa-Timor-Leste-Tuntut-Australia-Hengkang-

Timorese students in Jakarta say Australia is violating international law

Tribune News - March 24, 2016

Valdy Arief, Jakarta – Students from East Timor calling themselves the East Timor Students Association (Klibur Estudiante Timor Leste, Keustil) held a demonstration in front of the Australian Embassy in Jakarta on the afternoon of Thursday March 24 demanding that Australia withdraw from the East Timor Sea.

Action coordinator Nelson Pereira said that Australia has violated international law because of its actions in exploiting oil in East Timor's territorial waters.

"We demand that Australia leave East Timor's maritime boarders", said Nelson speaking in front of the Australian Embassy on Jl. HR Rasuna Said in the Kuningan area of South Jakarta.

According to Nelson, the treaty to jointly exploit the Timor Gap agreed to between Indonesia and Australia in 1989 should already have expired because East Timor separated from Indonesia in 1999.

Nelson said that the Laminaria-Corallina oil field, which is managed by Woodside Australian Petroleum, has already produced in excess of US$900 million for the Kangaroo Country. "This oil field is almost exhausted, meanwhile the people of East Timor have received nothing", he said.

Nelson demanded that Australia demonstrate its pledge to assist its neighboring countries in the Pacific region. "Demonstrate that Australia wants to assist smaller countries in the Pacific without conditions and without deception", said Nelson.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Sejumlah Mahasiswa Timor Leste Berunjuk Rasa di Depan Kedutaan Australia".]

Source: http://www.tribunnews.com/internasional/2016/03/24/sejumlah-mahasiswa-timor-leste-berunjuk-rasa-di-depan-kedutaan-australia

Foreign affairs & trade

India looks forward to Timor Leste joining Asean: Sushma Swaraj

Times of India - March 28, 2016

New Delhi (IANS) – India looks forward to the southeast Asian nation of Timor Leste joining the Asean bloc, External Affairs Minister Sushma Swaraj said on Monday.

She said this during a meeting with Timor Leste's Minister for Foreign Affairs and Cooperation Hermani Coelho da Silva, according to external affairs ministry spokesman Vikas Swarup.

This is the first visit to India by a foreign minister of Timor Leste since the establishment of diplomatic ties between the two countries in 2003.

Then minister of state for external affairs Omar Abdullah represented India in Timor Leste's independence day celebrations in May 2002.

According to Swarup, Sushma Swaraj said that Timor Leste's accession to the Association of Southeast Asian Nations (Asean) would help India extend more support and cooperation under the bloc's mechanism.

She also expressed concern that bilateral trade between India and Timor Leste stood at only $3 million and said that both sides should explore new avenues of trade and investment.

She said Timor Leste could benefit from India's advancement in the health sector and low cost medicines.

There is a draft memorandum of understanding (MoU) on health cooperation that is under discussion between the two countries.

Stating that conclusion of the MoU soon would benefit both countries, Sushma Swaraj said that India was happy to provide a fully equipped ambulance to Timor Leste in January this year.

The ambulance can serve as a mobile operation theatre. "The external affairs minister also recalled that we had offered to sign an MoU for setting up a centre of excellence in IT in Timor Leste which has been pending since 2004," Swarup said.

In terms of capacity building, Sushma Swaraj said that India could increase Indian Technical and Economic Cooperation (ITEC) training slots and Indian Council for Cultural Relations (ICCR) scholarships for Timor Leste.

She also said that India could also consider imparting training to Timor Leste diplomats in the Foreign Service Institute here. "The minister for foreign affairs and cooperation thanked the external affairs minister and said that Timor Leste had received a lot of support from India," Swarup said.

Da Silva told Sushma Swaraj that relations between India and Timor Leste went back centuries from the time Goa was under Portuguese rule.

Currently, Timor Leste has a population of 1.2 million and the median age of 18.6 years. As such skills training for youth was very important, the visiting minister said.

"He invited Indian private sector companies to participate in infrastructure development, agriculture development and capacity building," Swarup said.

Da Silva also said that 11 oil blocks were also open for exploration by India. "He said that a delegation of Indian businessmen could visit Timor Leste for which they would identify the appropriate sectors," the external affairs ministry spokesman said.

The visiting minister also requested an early meeting of the joint commission between the two countries at vice minister level.

"The two ministers also reviewed regional and global developments," Swarup said. "Both countries have cooperated closely with each other in UN fora," he added.

Source: http://timesofindia.indiatimes.com/city/delhi/India-looks-forward-to-Timor-Leste-joining-Asean-Sushma-Swaraj/articleshow/51588558.cms

Lawyer says federal government bugged his Canberra office over East Timor

The Canberra Times - March 15, 2016

Ross Peake – The lawyer at the heart of the East Timor bugging case has accused the former Labor government of planting listening devices in his Canberra office.

Bernard Collaery revealed the alleged espionage for the first time on Tuesday at a rally outside Parliament House, organised to pressure the federal government to recognise the maritime boundary claim of the poor nation.

His offices were raided by the Coalition government in 2013, with ASIO officers seizing thousands of documents. They also raided the home of Witness K (whose identity is suppressed by law), an ASIS whistleblower who alerted East Timor to the bugs planted in its cabinet room in Dili by Australia.

East Timor believes it has lost billions in royalties because the maritime boundary between the two countries does not reflect its entitlements.

In March 2002, two months before the declaration of independence in East Timor, the Howard government withdrew from the maritime boundary jurisdiction of the International Court of Justice, effectively reducing the options for the new nation to negotiate its maritime boundaries.

Australia later installed listening devices in the Timorese cabinet room, gaining a negotiating advantage. This month Prime Minister Malcolm Turnbull rejected East Timor's request for formal talks to settle the impasse.

At the rally, Mr Collaery also revealed information about Witness K, saying he was a senior official. "I'm treading a very fine line, even appearing in front of you, in view of new laws that have been introduced since this occurred," he told the small crowd.

"I am constrained but I want to say this carefully – if you go to the Lowy Institute page, it says the bugging was a bumbling exercise that produced nothing. Don't fall for that nonsense – if you know your opponent's hand when you're playing poker, it says it all.

"I can reveal today that witness K is... no ordinary intelligence officer. He is a patriotic, loyal, very long-serving senior Australian who stood up for our national security.

"The other thing I want to reveal is, after we drafted a letter to Julia Gillard, saying we wanted confidential arbitration in relation to the espionage, it was the Labor government that authorised clandestine monitoring and other devices to be installed in my chambers, offices and witness K's home."

When Ms Gillard was approached for comment, her office said she was in the United States and any response might be delayed. No response had been received by deadline for this story.

Mr Collaery said other legal figures have suggested an attempt to defraud East Timor of its rightful windfall might be a criminal conspiracy. "What I want to say now I say very carefully, I'll read it: conspiracies are ongoing events in law," he said.

"Now I direct my remarks to the Foreign Minister Julie Bishop and her advisers: to cover up a criminal conspiracy is to compound that conduct, in layman's terms, it is to revive that conduct. Now it's out there – let's see if it will be printed by our courageous journalists."

The federal Opposition says that, if Labor is elected, it will enter good faith talks with East Timor over a new border and submit to an independent determination under international law if the talks fail.

East Timor Prime Minister Rui Araujo wrote to Mr Turnbull on February 1 asking that the two leaders meet to discuss a permanent maritime boundary in the Timor Sea, rich in oil and gas.

As a result, East Timor believes it has lost some $US5 billion ($6.5 billion) in royalties and tax revenue since independence, enough to fund its entire budget for three years..

Source: http://www.canberratimes.com.au/national/lawyer-says-federal-government-bugged-his-canberra-office-over-east-timor-20160314-gnimex.html

ASIS chief Nick Warner slammed over East Timor spy scandal

Sydney Morning Herald - March 15, 2016

Tom Allard – The Australian Secret Intelligence Service provided the security advice that denied one of its former spies a passport to travel to a tribunal hearing at The Hague on the grounds he could be "cultivated by a foreign power". The Australian Security Intelligence Organisation usually provides such assessments.

The security ruling comes amid allegations the current ASIS head, Nick Warner, was "aware" at the time of the infamous bugging of East Timor by the foreign spy service's agents in 2004.

The allegation of Mr Warner's awareness of the spying came during an incendiary address on Monday when Bernard Collaery, the lawyer for the former ASIS spy known as Witness K, also alleged a bipartisan "cover-up" of the saga.

The 2004 espionage operation is the subject of binding arbitration before an international tribunal in the Hague and the former ASIS spy, who led the clandestine eavesdropping in Dili in 2004, was to appear as a star witness for East Timor.

Under the guise of an aid project, ASIS agents infiltrated East Timor's government offices and inserted listening devices that recorded the conversations of the fledgling state's negotiators when they were in talks with Australia over the huge Timor Sea oil and gas reserves.

If the Hague tribunal rules in East Timor's favour, the treaty will be annulled. Witness K will not be able to appear at the hearing in person, although he should be able to give video evidence.

Mr Collaery, a former attorney-general of the ACT, said the reasoning behind the passport ban – issued by Foreign Minister Julie Bishop on ASIS advice – was "laughable" as Witness K was a decorated officer.

While ASIO typically makes the security assessments that underpin the denial of passports, Mr Collaery said this was not the case with Witness K.

"The head of Australia's national security organisation, the Director-General of ASIO Duncan Lewis, has not intervened with respect to the passport. That says it all," Mr Collaery says in a copy of his speech delivered to protesters on Monday outside Parliament House in Canberra.

"The competent authority that is advising Foreign Minister Julie Bishop is ASIS. I can now reveal that the head of ASIS, Nicholas Warner was involved as a special adviser at the time of the mission to bug the East Timorese cabinet."

Mr Collaery later declined to specify what Mr Warner's special advisory role was, citing security laws. "In the position he occupied, he was certainly aware of the operation," he told Fairfax Media.

In 2004, Mr Warner finished his role as head of the Australian mission to the Solomon Islands and became deputy secretary of the department of Foreign Affairs. "In any working democracy, the current position of Foreign Minister Julie Bishop and her adviser Nicholas Warner could bring down a government," Mr Collaery said.

Mr Collaery said the saga had not produced such an outcome because the opposition was "complicit" and "hopelessly compromised". "It was to [then prime minister] Julia Gillard that [East Timor leader] Xanana Gusmao delivered a letter I drafted complaining in confidence about the bugging and asking that the matter be dealt with bilaterally in confidence."

The Gillard government responded by authorising the "installation of listening devices and other measures" in Mr Collaery's Canberra office, he said. "What did the Labor government do? The answer is nothing for justice and everything for a cover-up," Mr Collaery said.

Shortly after Labor was ousted, the new government approved ASIO raids on Mr Collaery's office and the home of Witness K, generating outrage from East Timor after its legal documents were seized. The International Court of Justice forced Australia to cease spying on East Timor and its lawyer and return the documents.

Mr Warner and ASIO did not respond to requests for comment by deadline. Former Labor attorney-general Mark Dreyfus declined to comment. Ms Bishop's office did not return calls.

Source: http://www.smh.com.au/federal-politics/political-news/asis-chief-nick-warner-slammed-over-east-timor-spy-scandal-20160315-gnjpne.html

Economy & investment

Timor Leste government approves purchase of Oi's stake in Timor Telecom

Macauhub - March 10, 2016

The government of Timor Leste (East Timor) has approved the purchase of the stake owned by Brazil's OIi telecommunications company Timor Telecom, a source from the Timorese government said Thursday in Dili.

The source also told Portuguese news agency Lusa that the government would appoint a committee to negotiate the value of the transaction with the consortium authorised by Oi to divest its stake in Timor Telecom (TT).

The transaction involves the largest stake in TT (54.01 percent), controlled by Telecomunicacoes Publicas de Timor (TPT) in which Oi controls 76 percent in addition to a direct stake owned by PT Participacoes SGPS of 3.05 percent.

The remaining shareholders of TPT are Timor Leste development fund Fundacso Harii (linked to the diocese of Baucau), which owns 18 percent and Fundacso Oriente (6 percent).

TT's capital is split between TPT (54.01 percent), the Timorese State (20.59 percent), macau-based company VDT Operator Holdings (17.86 percent) and Timorese businessman Julio Alfaro (4.49 percent).

At the end of last year, PT Participacoes estimated that the total value of TT was around US$150 million, and that its indirect stake (41.12 percent) and direct stake (3.05 percent) is worth US$66.26 million. (macauhub/BR/PT/TL)

Source: http://www.macauhub.com.mo/en/2016/03/10/timor-leste-government-approves-purchase-of-ois-stake-in-timor-telecom/

Fast-food franchises flock to East Timor

Nikkei Asian Review - March 2, 2016

Sadachika Watanabe, Jakarta – Satisfying your craving for Western-style fast food is getting easier in East Timor.

U.S. chain Burger King plans to double its stable of stores there to around eight or more over the next five years. And Beard Papa, a Japanese chain of cream puff shops, plans to open its first outlet in the Southeast Asian country in March.

East Timor is a small nation of just 1.2 million people, but half the population is 15 or under. That demographic, together with a growing middle class, is an appealing combination expected to attract fast-food chains.

The plans for burgers and cream puffs were revealed by Samitha Aluwihare, chief operating officer of East Timor Trading, a local company handling the franchises for both fast-food brands.

East Timor Trading opened its first Burger King in 2013 in the capital of Dili. The fourth, opened in September 2015, was the first store in East Timor to have a drive-thru window. Over the next five to 10 years, the company plans to open more stores in Dili for a total of seven or eight, and also to expand Burger King into provincial cities as demand warrants.

Beard Papa, the chain of cream puff shops that operates as part of Japan's Nagatanien Holdings group, will open in Dili in March, becoming the first Japanese fast-food chain to set up shop in East Timor. The initial objective will be to expand the chain to five shops there.

Gloria Jean's Coffee, an Australian specialty coffee franchise, is also expanding it presence in East Timor by adding more shops.

Despite its tiny size and small population, demand for fast food is expected to continue to grow in East Timor as its large population of young people comes of age and its middle class swells. Aluwihare noted that only 20% of customers at the Burger Kings are foreigners, with 80% locals.

Global brand beer is also coming to the nation as Dutch brewer Heineken works to complete a brewery there.

Source: http://asia.nikkei.com/Business/Trends/Fast-food-franchises-flock-to-East-Timor

Struggle for independence

Social media mishap reopens old wounds on missing activist

Jakarta Post - March 19, 2016

Tama Salim and Ganug Nugroho Adi, Jakarta/Surakarta – A misleading post by an infamous social media user has sparked outrage among family members and acquaintances of pro-democracy activist and poet Wiji Thukul, who many believe had been the victim of government-sanctioned abductions and whose whereabouts remains unknown to this day.

The editorial leader of online news portal beritagar.id, Wicaksono, who is better known by his online handle @ndorokakung, caused great commotion on Thursday evening after he linked Wiji's disappearance to the Timor Leste independence movement.

Quoting a local television outlet, Wicaksono's post mentioned how former Timorese statesman Kay Rala Xanana Gusmao heaped praise on Wiji for his role in aiding the struggle as a bomb expert, which allegedly led to his death at the hands of the Indonesian Armed Forces (ABRI) on the country's borders.

"This is new knowledge for us; let's see how Indonesia reacts," Wicaksono said in his status update.

In response to the post, Indonesian Ambassador to Timor Leste Primanto Hendrasmoro said the information being circulated was not completely true.

While at a civil society event on March 16, Primanto said that Gusmao was only involved as a pro-democracy figure and was not acting on behalf of the Timorese government. Foreign Ministry spokesperson Arrmanatha Nasir echoed the envoy's statement.

The social media post prompted impulsive fact-checking on Friday, which led Wiji's daughter Fitri Nganthi Wani to drive away journalists from her home in Surakarta, Central Java, moments after she arrived from Dili, Timor Leste, to accept an award on behalf of her missing father.

Wani stood in for Wiji, who was awarded special recognition by former Timor president Gusmao for his service in aiding the Timorese fight for independence through the Democratic People's Party (PRD).

A number of other PRD figures were given the same accolade, including fellow activists Wilson and Indonesian Democratic Party of Struggle (PDI-P) politician Budiman Sudjatmiko.

Wiji's wife Dyah Sujirah, otherwise known as Mbak Pon, refuted the rumors of Wiji's bomb-making expertise. She said she had never heard that story before and was shocked at what was circulating on social media. "I was shocked, but I didn't believe it – it was a lie," Mbak Pon told reporters at her home in Surakarta.

After the exchange, Wani urged her mother to go inside their home and asked the media to leave the premises. "There will be no interviews; my father was not a bombmaker," she cried.

At the height of the debate, Wicaksono indicated that he had expected the media frenzy, dismissing his previous post as bait. Wicaksono's post was also met with outrage from members of civil society, government officials and even the committee that organized the Dili event.

The Indonesian Association of Families of Missing Persons (IKOHI) published a statement condemning the circulation of misleading facts by the @ndorokakung handle, which brought into question the circumstances in which Wiji allegedly died and accused his daughter of accepting a cash prize from the event.

IKOHI chairman Wanmayetti said this information had hurt the family and friends of the poet, as well as the communities that continue to campaign the government to adhere to recommendations made by the House of Representatives' special committee on missing persons, since 2009.

Wanmayetti urged the owner of the @ndorokakung handle to retract his statement and apologize to the family of Wiji Thukul, as well as all family members of victims of human rights violations in the country, emphasizing that Wicaksono needed to be held responsible for any unintended consequences.

The chairman of the committee that organized the Dili event, Nuno Corvelo Laloran, also issued a statement in response to the media frenzy. Laloran denied all comments that Gusmao might have made that was quoted in @ndorokakung's post.

The statement explained that Gusmao had participated in the event in his capacity as chairman of the humanitarian aid organization, Associacao Dos Combatentes Da Brigada Negra (ACBN), which he established in 1995.

"We urge 'Ndoro' to take responsibility and retract his statements and apologize to Xanana Gusmao, the event committee and especially to the family of Wiji Thukul," Laloran said in his statement. Later in the day, @ndorokakung updated his statement, apologized and urged the media to seek out the whole truth behind his story.

Source: http://www.thejakartapost.com/news/2016/03/19/social-media-mishap-reopens-old-wounds-missing-activist.html

ACBN denies report on Wiji Thukul's role as a bomb maker

Jakarta Post - March 19, 2016

Jakarta – Associacao Dos Combatentes Da Brigada Negra (ACBN), a humanitarian aid organization from Timor-Leste, has denied the allegations presented on a Path message about missing human rights and democracy activist Wiji Thukul. In the message, Wiji is described as a bomb-maker for East Timorese rebels fighting against the Indonesian military.

"We hope that the media both in Timor-Leste and Indonesia will not to spread baseless reports about Wiji Thukul. We hope the media will show empathy to the relatives of Wiji Thukul, who are the victims of a past human rights violation," read a statement sent out by the organizer of an ACBN event in Dili on March 16.

During an event named "Seminar on Maritime Borders," ACBN presented 500 awards to activists from both Timor-Leste and foreign countries for their contribution to Timor Leste's independence struggle. Fitri Nganthi Wani, Wiji's daughter, was among those who received an award presented by ACBN chairman and Timor Leste's former first president Xanana Gusmao.

The Path message posted by Wicaksono, the editorial leader of online news portal beritagar.id, claimed that Wiji was an Indonesian who supplied and assembled bombs used by East Timorese soldiers to fight against the Indonesian Military.

Gusmao denied Wicaksono's claims. "What we know from the Indonesian Association of Families of Missing Persons was that he was an activist who was the victim of forced disappearance prior to the [Indonesian] reform in March 1998," the statement added.

Other Indonesian awardees included Budiman Sudjatmiko, Dita Indah Sari, Danial Indrakusuma, Wilson, Bima Petrus Anugrah, Jacobus Eko Kurniawan, Petrus Hari Hariyanto, Andi Arief and Fransisca Ria Susanti. "Those given awards contributed to the fight for democracy. They showed solidarity with Timor-Leste," the statement said.

In 1999, following a United Nations sponsored act of self-determination, Indonesia left Timor-Leste. Timor-Leste became the first new sovereign state of the 21st century on May 20, 2002. (bbn)

Source: http://www.thejakartapost.com/news/2016/03/19/acbn-denies-report-wiji-thukul-s-role-a-bomb-maker.html

Invasion & occupation

Rocking the boat

Inside Indonesia - April-June, 2016

Vannessa Hearman and Jose da Costa – In 1995, 18 East Timorese youths sailed illegally to Australia in a small fishing boat. After five nights at sea they reached Australian waters.

They were picked up by Australian Customs and brought to Darwin. As young members of the clandestine movement opposed to Indonesian rule, many of the youths risked being captured, tortured or even killed in East Timor. Their voyage created a diplomatic nightmare for both countries.

Jose da Costa was 18 when he embarked on the journey. 'Sometimes people asked me, why did you want to risk your life traveling on a small fishing boat to cross the ocean? The answer is, we didn't want to but we had no choice.'

Da Costa was born six months after Indonesia's December 1975 invasion. 'I was born in the jungle near Uaimori, Viqueque district. My family had fled from Baucau to seek sanctuary after the invasion.'

After about two years, Indonesian encirclement and aerial bombardment made living conditions almost impossible for the fugitives. 'Five of my siblings died from starvation. My uncle and his family were killed during the heavy bombardment by the Indonesian armed forces.'

The Indonesian military captured Da Costa's family and transported them back to their village in Baucau, where their freedom of movement was curtailed. When he was just eight years old, his father Bie Ono was lynched by the Indonesian military as he had been helping the anti-Indonesian forces. They made out Bie Ono had committed suicide and the villagers were brought to see his lifeless body.

In his teenage years, Da Costa joined the clandestine movement. He was badly tortured after participating in a protest march to the Santa Cruz cemetery in the capital, Dili, on 12 November 1991. The march preceded a funeral procession for a Timorese activist who had been murdered by Indonesian troops. The Indonesian military opened fire on the protesters, killing 271 of them, in what became known as the Dili Massacre. Young people who survived were rounded up and interrogated. Some never made it back out of the detention centres they were taken to.

Da Costa was one who did make it out of detention. Following his release, he began working as a courier, passing on goods and messages between the towns and the Timorese guerrillas in the mountains.

Leaving for Australia

The boat voyage to Australia took some planning. Several young people had thought about travelling to Australia and seeking asylum, including other members of the clandestine network, such as Florentino Das Neves and Alfredo Reinado. Reinado had lived and worked in Indonesia. As a young boy, he was forced to be a military assistant, carrying equipment and weaponry for the military. He joined the clandestine movement upon his return from Indonesia. Da Costa, Das Neves and Reinado experimented with sailing a boat from Dili, but the canoe they bought only made it as far as Laga, 142 kilometres away.

On 12 November 1994, a group of Timorese youth jumped the fences of the United States embassy in Jakarta and received asylum in Portugal. This renewed the Dili youths' interest in the boat voyage. In consultation with Timorese pro-independence leaders, they resumed planning to sail to Australia, this time with a boat called Tasi Diak [Good Sea].

Father DomiNGOs Maubere is a Catholic priest who played an active role in supporting the independence movement. As the 15 men, two women and one baby assembled on the beach at Tibar, 18 km west of Dili, to prepare for their departure, Father DomiNGOs married Reinado to Maria Alves and baptised the couple's six month-old baby, Billy Ray. He then handed each person a small crucifix to hang around their neck 'as a symbol of suffering and hope'.

Father DomiNGOs told them, 'My children, if I have not heard any news about you in seven days, I will bring candles and flowers to the sea to remember you as heroes of your country.' His words suddenly brought the poignant realisation that they might not make it to Australia.

Da Costa recounted, 'Father DomiNGOs hid behind the mangroves and watched us sail away. From the boat, we saw his car lights slowly disappear behind the hill. We were then all alone. Just us and the sea.'

The journey took five nights and six days. Overloaded, the boat soon leaked and the passengers had to bail out water continuously. Luckily the sea remained placid until the second day of the voyage. Da Costa who, like most of the other passengers, was unable to could not swim recalled:

'The waves were very rough, it was dark. We could not see anything we could only hear the sound of the waves hitting the boat and people vomiting. The only light that we had was a battery-powered torch to light the compass so we could see where to go. We could hear the sea water coming in and in the dark we were struggling to bail out the water. We were vomiting on each other, because we could not see in the dark. All night we struggled with the rough waves and tried to save the boat from sinking and there were no life jackets.'

Tracking southeast, they didn't tell the boat's skipper Julio that Australia was their destination until the second day of the journey. They were confined to eating raw noodles and Indonesian military tinned rations, as a storm made it impossible to cook the sack of rice they brought. Eventually the storm cleared.

In the morning I was at back of the boat pumping out the sea water. I saw a big group of dolphins jumping around and I remembered my father telling me that if you were at sea and you saw a dolphin you were very safe. Da Costa recalled their arrival in Australian waters on the morning of 29 May 1995:

'An Australian Customs boat sailed alongside our boat and we cut the boat's engine, thinking they would bring us onto their boat. Instead two Customs officers jumped into our boat and restarted the engine. They asked us in English if we were Indonesian. Alfredo replied in his limited English, that we were Timorese. They put a light reflector on our boat and we followed them. When it was close to Darwin the officer tied a rope to our boat and towed us to Larakeyah naval centre. We arrived there around 2am Australian time [on 30 May 1995].'

From the Naval Centre, they were brought to Darwin Airport, where they were to be accommodated. The following day, the group was rushed to the isolated Curtin RAAF Base in Western Australia, which had just been converted into a detention centre. This was partly to prevent the group, dubbed the Quail Group, from becoming a public rallying point for Timorese independence supporters in Darwin. The Timorese community in Darwin had been alerted to the departure of the group from Dili and had been waiting anxiously for the boat's arrival. Embarrassingly for the Indonesian government, the group's arrival coincided with Indonesian Research and Technology Minister Baharuddin Jusuf Habibie's visit to Australia. The Australian press quizzed him on the 'boat people'.

Members of the 'Quail group' were the only asylum seekers to arrive by boat from Indonesian-occupied East Timor. When they were released from Curtin detention centre, all 18 were issued bridging visas, allowing them to stay in Australia while their refugee claims were being assessed. They went to live with Timorese families in Melbourne, Sydney and Darwin.

Da Costa, who like the other members of the group had been interviewed by the department of immigration, lawyers and counsellors, including those who specialised in working with torture survivors, said, 'My group did not understand the visa process and we did not understand what the bridging visa meant. We only understood that we could not leave the country nor work or study in Australia.'

Foreign Minister Ali Alatas was livid at the issuing of the bridging visas. He argued that they were not genuine refugees, ridiculing their claims of torture. Despite then Foreign Minister Gareth Evans defending the issuing of the bridging visas, other Australian public officials bent over backwards to appease the Indonesian government. Australian Ambassador to Indonesia Allan Taylor assured them that a bridging visa did not mean the East Timorese had been granted refugee status. Then Prime Minister Paul Keating put forward contradictory positions when he told The Guardian newspaper in October 1995: 'Though the government has taken the view that East Timor... is a province of Indonesia, those people still have Portuguese citizenship and status.'

Australia was the only country to provide de jure recognition of Indonesian rule over East Timor (1975-99). But in this instance, Keating seemed prepared to junk that policy, at least momentarily for the sake of claiming that 'these people have dual citizenship; therefore they cannot argue they are refugees'. A second boat voyage was attempted when 35 people sailed from Dili in November 1995, but their boat was stranded on the coast due to bad weather and the passengers were arrested by Indonesian police.

In August 1999, the East Timorese people voted in a United Nations supervised referendum to reject Indonesian rule. Indonesian forces withdrew the following month, but only after destroying some 70 per cent of the territory's buildings.

After Da Costa's arrival, Australian governments, both Labor and Liberal, tried to repatriate over 1500 Timorese asylum seekers on the grounds that they had Portuguese citizenship and, after Indonesian rule ended, that East Timor was safe. After successive bridging visas, Da Costa received a special humanitarian visa (rather than refugee status) under Liberal Immigration Minister Amanda Vanstone in 2003, eight years after his arrival in Australia.

[Vannessa Hearman (vannessa.hearman@sydney.edu.au) is lecturer in Indonesian Studies at the University of Sydney. Jose Da Costa (zedacosta76@gmail.com) is a teacher, filmmaker and actor. He is completing a Master in Educational Studies at the University of New South Wales.]

Source: http://www.insideindonesia.org/rocking-the-boat

Analysis & opinion

Activism, aid and sovereign borders

Online Opinion - March 24, 2016

Ann Wigglesworth – An estimated ten thousand Timorese protesters besieged the Australian embassy in Dili on 22 March 2016 to protest Australia's refusal to negotiate with East Timor on a permanent sea boundary in the oil- and gas-rich Timor Sea.

The fledgling half-island nation asserts the vast majority of oil and gas reserves in the Timor Sea – worth about US$40 billion in royalties and tax alone – would lie in its territory if sea borders reflected the norms of the UN Convention of the Law of the Sea, a contention Australia rejects. Lindsay Murdoch, South-east Asia correspondent for Fairfax media reported on the eve of the protest Mr Xanana, a hero of East Timor's independence revolution, made a speech calling for Timorese to "stand firm and raise one voice" to demand that Canberra negotiates with East Timor. East Timor claims it has lost some US$5 billion (nearly $6.6 billion) in royalties and tax revenue in the Timor Sea since independence, enough to fund its entire budget for three years.

This rally had a huge turnout for a national population of just 1.2 million. It follows a long tradition of activism in the country: the countries key political figures, Xanana Gusmao, Jose Ramos Horta and Mari Alkatiri were student activists in 1974-5 when the Portuguese were decolonising. A new generation of student activists (known as the gerasaun foun) advocated for independence in the 1990's after the Indonesians massacred several hundred students in the 1991 Santa Cruz massacre. Since independence Timorese activists have been vocal about injustice. They disagree with their own government on the issue of impunity for the perpetrators of violence in 1975-1999, which have been documented in the CAVR report on truth and reconciliation, because the government has not followed through on its recommendations that justice should be served. Timorese activists have spoken out against Australia's murky history in its dealings with East Timor, from its withdrawal from the UN Convention on the Law of the Sea (UNCLOS) in 2002, just months before the country's independence celebrations to ensure the new nation could not challenge Australia under jurisdiction of the International Court of Justice. The rally yesterday was organised to mark the anniversary of Australia's decision to withdraw from UNCLOS.

The Australian-Timor-Leste relations have been further challenged by the alleged Australian bugging of the cabinet room in Dili to eavesdrop on Timor-Leste's deliberations over a maritime treaty in 2004, shortly before the treaty was signed. Recently the Timorese government has been seeking the negotiation of the maritime boundary, which is not legally established, because it has been postponed by the Certain Maritime Arrangements in the Timor Sea (CMATS) treaty established for resource sharing of oil and gas reserves. Now, in the light of the difficulties in coming to an agreement to exploit the Greater Sunrise field, and realisation that the field would be entirely in Timorese territory if an internationally recognised median line maritime boundary could be agreed, Timor-Leste has been seeking to open negotiation on the issue with Australia.

Australia has held firm it its refusal to do so. In exasperation at Australian diplomatic inaction, Timor-Leste has publically appealed for negotiations to be held on the maritime boundary.

It is important to remember the strong support that Australian activists have given East Timor since 1975. Its relations with Timor-Leste are not only through the fractious government to government relationship, and Timorese have many Australian friends. Historically too, the Timorese have distinguished between their relationship with the Indonesian people, who they be-friended, and the Indonesian Administration and Military which they opposed. Australia also has many relationships through non-government aid organisations and a network of 'friendship cities' which tie citizens of one Australian council area to Timorese citizens of a district or sub-district of Timor-Leste. Set up in 2000 following the destruction and killing wrought by the departing Indonesian forces, Friendship Cities have proved enduring and valuable. For example the City of Port Phillip's Friends of Suai/Covalima has supported the Covalima Community Centre for 15 years enabling it to become a vibrant centre for youth skills training as well as promoting gender equality in the district.

The relationship between Timor-Leste, a fledgling and poor country, with its rich and powerful neighbour Australia, has been likened to David and Goliath because the two countries are so clearly unequal in their stage of development. Aid also brings an additional aspect of inequality into the relationship. Timorese activists are vocal and critical of western development models which have resulted in a lack of connection between the lived experiences of the population and the processes of development being planned and implemented by the government and international agencies. External agencies, they say, should be making decisions with and not for the Timorese.

Fortunately, strong ties between Timorese and Australian solidarity and development networks are part of an enduring relationship, and many of these friends are standing by Timor-Leste at rallies around Australia this week. While Timorese activists criticise the Australian government's actions they are still able to see Australians as a source of friendship.

Source: http://www.onlineopinion.com.au/view.asp?article=18126

The morally bankrupt foreign policy that entrenches Australia's reputation as a

The Guardian (Australia) - March 24, 2016

Tom Clarke – This week over 10,000 people descended on Australia's embassy in Dili, Timor-Leste, to demand that the Australian government enter negotiations to finally establish permanent and fair maritime boundaries in the Timor Sea.

The growing resentment of Australia in the region can no longer be ignored. As if pilfering gas and oil revenue from a tiny developing nation wasn't enough, we're now seen as hypocrites.

In his first major foreign policy speech as Prime Minister in Washington in January, Malcolm Turnbull, with an eye on China's territorial aggression in the South China Sea, urged other countries to abide by international law. Delving into the specifics, he called on his hosts, the Americans, to ratify the UN Convention on the Law of Sea. He was left with egg on his face. Neither the PM or his advisors had done their homework – for this is the very UN convention that the Australian Government refuses to acknowledge in its dispute with Timor-Leste.

Just two months before Timor-Leste's independence in 2002, the Howard government pre-emptively withdrew Australia's recognition of the maritime boundary jurisdiction of the International Court of Justice. It then stubbornly refused to establish permanent maritime boundaries with the fledgling nation.

Instead it jostled Timor-Leste into a series of temporary resource sharing arrangements – all of which short change Timor-Leste out of billions of dollars in oil and gas revenue.

Further, we now know of its underhanded tactics to do so. The Australian government is accused of using an aid project as a guise to bug the Timorese cabinet room so it could spy on Timor-Leste's leaders and officials during negotiations.

These are not things to be proud of. And neither side of politics has had clean hands in the matter. To its credit however, the ALP now appears ready to atone for its sins.

The guilt of having masterminded the original "Timor Gap" treaty, which saw Australia under Bob Hawke and the Indonesian Suharto dictatorship begin the divvying up of Timor-Leste's oil, has hung like a cloud over Labor foreign policy for decades. But in a recent address to the Press Club, Labor's shadow foreign minister, Tanya Plibersek, committed a future Labor government to fresh negotiations to establish permanent maritime boundaries and put the dispute to bed once and for all.

Importantly, Plibersek also promised that if the two nations cannot reach consensus about exactly where to establish the boundaries, a Labor government would be willing to submit to arbitration – that is, it would let the independent umpire decide.

This marks the end of bipartisan support for a morally bankrupt foreign policy which has done nothing but entrench Australia's reputation as a regional bully.

In solidarity with the protests in Dili, smaller actions this week are being held in Jakarta, Manila, Kuala Lumpur, Sydney, Canberra, Adelaide and Melbourne. The heat is turning up on the Australian government, it can't continue to try to sweep this issue under the carpet.

As a sovereign nation Timor-Leste is entitled to have permanent maritime boundaries. Australia is the only barrier to achieving this. Timor-Leste's negotiations with Indonesia regarding its land boarders have nearly been completed without even the slightest sign of a hiccup and similar negotiations for maritime boundaries are now underway. It's time for the Australian government to sit down at the negotiating table.

The overwhelming consensus is that current international law would see maritime boundaries based along the median line – halfway between the two coastlines. Meaning that if an oil or gas field was located closer to Timor-Leste then it would belong to Timor-Leste and if it was closer to Australia then it would be ours. Common sense and fair.

It also happens to be what we agreed to with New Zealand in 2006 when we resolved overlapping claims off Norfolk and Macquarie Islands.

The Timor Sea Justice Campaign is gathering momentum, because people are increasingly realising that this issue is not about charity, but one about justice. Timor-Leste is simply asking for what they it is legally entitled to – no more and no less.

The Australian public needs to stand with the Timorese once again and demand better of our own Government.

Source: http://www.theguardian.com/commentisfree/2016/mar/24/the-morally-bankrupt-foreign-policy-that-entrenches-australias-reputation-as-a-regional-bully

Message to Australia: 'Hands Off Timor's Oil'

Huffington Post - March 23, 2016

Cayla Dengate – Every day, more people lend their faces to a viral campaign against Australia.

We – the island nation with a 'she'll be right' mentality – aren't used to being on the receiving end of international discontent but day after day, Timorese people, mostly young, are using social media to send Australia a message: 'Hands off Timor's oil'.

The protests prompt the questions: When Australia's been drawing oil from Timor since the 90s, why now? And more importantly, is it an unfair deal? The answer may well be found in the Timor Sea, so far out that land can't be seen, where an imaginary line has been drawn across the deep seabed.

This boundary is called the median line, tracing roughly halfway between Timor and Australia. This line would leave the region's last known untapped oil field squarely in Timor's purview called Greater Sunrise Oil Field. It's a line that's not recognised by Australia.

Francez Suni, a Timorese student currently studying in Melbourne, told The Huffington Post Australia social media was allowing every day people to speak to the world for the first time.

"Social media's penetration in Timor is getting wider and wider especially among the youth, so a lot of our people have used especially Facebook as a platform to spread information because it is the fastest way for Timorese to get their stories across."

This campaign's not just a social media phenomenon – more than 1000 people protested at the Australian Embassy in the capital Dili on Tuesday – one of the largest protests since Timor won independence from Indonesia in 1999.

The protest was led by the man often described as the nation's 'hero of independence' former president and prime minister Xanana Gusmao but it was the young people who flooded the streets. In Australia, concurrent protests happened in Sydney and Melbourne.

Deakin University professor of international politics Damien Kingsbury told The Huffington Post Australia it was a complex issue, but not a new one. "This issue's a bit of a slow burn – it's been going on one way or another for about eight years," Kingsbury said.

"This issue hasn't ever gone away for the Timorese and about one year ago, the Timorese Government relaunched the Timor Sea Campaign to publicise what they regard as an unfair arrangement with Australia."

Timor said it had lost AU$6.6 billion in royalties and tax revenue – some to private companies and royalties to the Australian Government – since independence. Kingsbury said money was key in Timor's future stability, but that Australia wasn't necessarily being unfair in its arrangement, which allocated 90 percent of profits to Timor.

"One of the reasons this issue is ramping up comes down to the fact that the oil fields in the Timor Sea are now starting to dry up," Kingsbury said.

"One field is closing this year, another is set to close in the next two or three years and really, other than Greater Sunrise, that's going to be the end of the known reserves for Timor.

"This is a problem for Timor because at the current rate of expenditure, it would run out of money in 12 years."

The current expenditure is a little more than $1 billion per year – mostly spent on infrastructure projects – and currently, Timor's president is at odds with its parliament over the annual budget.

"The parliament's trying to have the president impeached because he's refusing to pass the budget, saying it's too expensive, wasteful," Kingsbury said.

So would the median line solve Timor's woes by providing it with a viable reserve of oil? Well according to Kingsbury, not exactly.

"The price of LNG has bottomed out completely," Kingsbury said. "The potential revenue has dropped by about one third since peak oil prices." As well as that, Kingsbury said he was pessimistic Timor could persuade Australia to change its mind.

"Timor doesn't really have the capacity to compel Australia to change its position. Labor has made it policy to recognise the median line, so I think their best chance Timor has is if Australia elects a Labor government."

Suni told HuffPost Australia it was about more than access to a single oil field. "The Timor Sea issue has spoiled the way we think and see Australia," Suni said.

"It is heartbreaking for us, especially students like me, who throughout our period of study have been able to make friends with a lot of great Australians.

"We are extremely grateful for the enormous support we have been receiving from Australia.

"INTERFET, the Australian Army-led peace keeping force is always in our hearts – No Timorese would ever forget that. That is our sweetest memory about Australia, and I wish we could always think of Australia that way, the best and biggest friend we have."

Source: http://www.huffingtonpost.com.au/2016/03/22/hands-off-timors-oil-australia_n_9526256.html?utm_hp_ref=au-world

Deja vu for Timor as Turnbull neglects boundary talks

Eureka Street - March 20, 2016

Frank Brennan – When Malcolm Turnbull became prime minister six months ago, our Timorese neighbours thought there might be an opportunity to draw a line on the past and to kick start the negotiation of a permanent maritime boundary between Australia and Timor-Leste. For the moment, they find themselves sadly mistaken.

Rui Maria de Araujo, the fairly new prime minister of Timor-Leste, wrote to our very new prime minister Malcolm Turnbull inviting him to turn a new leaf in the Australia-Timor relationship. It was not to be.

However the Timorese should not lose heart. They are well used to winning the hearts and minds of Australians even when Australian political leaders appear to be tone deaf to their pleas. This time they have convinced the Labor Party about the justice of their cause, and there is every chance that the Australian community will rally behind them after the federal election.

Behind the scenes, there is still plenty of legal intrigue about Australia's 2004 bugging of the Timor cabinet offices during the negotiation of CMATS, the most recent treaty delaying the negotiation of a permanent maritime boundary.

Australia has refused to issue a passport to the ex-ASIS officer, 'Witness K', who was involved in the bugging and who is happy to give evidence for the Timorese before an international tribunal. It would be best for both sides if the neighbour's dirty laundry were not put on public display.

Under CMATS, the two countries agreed to put the negotiation of a permanent maritime boundary on hold for up to 50 years. The hope was that a business plan for the exploitation of the Greater Sunrise oil and gas deposit in the contested Timor Sea could be finalised within six years and the mining completed before the need to negotiate a maritime boundary.

This was not to be. It is now nine years since CMATS came into effect and there is still no prospect of an agreed business plan.

The Timorese have a sense of deja vu with Australian politics. Back in 2002, the Howard Liberal-National Party Government decided to withdraw from the jurisdiction of the International Court of Justice in relation to the determination of maritime boundaries. The Labor Party in opposition was not able to commit to a reversal of that decision.

When Howard's Foreign Minister Alexander Downer then rushed the CMATS treaty through the parliamentary review process cutting corners with indecent haste, the Labor Party made no commitment to review the treaty when elected to government.

Labor prime ministers Gillard and Rudd never committed to negotiating a maritime boundary nor to resubmitting to the jurisdiction of the International Court of Justice.

At last year's ALP National Conference, the Timorese and their supporters had a partial win, breaking the bipartisan Australian consensus on delaying the negotiation of a maritime boundary. The ALP party platform was amended to read:

"In Government, Labor will enter into structured engagement with Timor-Leste to negotiate the settlement of maritime boundaries between our two countries. Labor reaffirms our commitment to a rules-based international system, underpinned by a philosophy of multilateralism and institutions like the International Court of Justice (ICJ).

In light of this, in Government Labor will review its reservations to the United Nations Convention on Law of the Sea (UNCLOS) to the settlement of maritime boundary disputes through the ICJ and the International Tribunal of the Law of the Sea (ITLOS)."

This was only a partial win because though there was a fresh commitment to commencing negotiations for a permanent maritime boundary, the further commitment was only to review the reservations to UNCLOS first put in place by Alexander Downer.

On 18 January, Turnbull went to Washington and lectured the Americans about the virtues of UNCLOS and the desirability of the Americans and the Chinese subjecting themselves to international law.

Referring to the rising tensions in the South China Sea, Turnbull told his audience that 'unilateral actions are in nobody's interest. They are a threat to the peace and good order of the region on which the economic growth and national security of all our neighbours depend. These differences should be resolved by international law.' Obviously he had not considered Australia's long term stand on the Timor Sea.

The real breakthrough for the Timorese came when Tanya Plibersek, the Deputy Leader of the Opposition and the Shadow Minister for Foreign Affairs, told the National Press Club on 10 February:

"If we want to insist that other nations play by the rules, we also need to adhere to them. The maritime boundary dispute has poisoned our relations with our newest neighbour. This must change for their sake and for ours.'

A Shorten Labor Government will redouble our efforts to conclude good faith negotiations with Timor Leste to settle the maritime boundaries between our two countries. If we are not successful in negotiating a settlement with our neighbour, we are prepared to submit ourselves to international adjudication or arbitration."

That night, speaking on ABC Lateline, she told Tony Jones that Labor was now committed not just to kick-starting good faith negotiations for a permanent maritime boundary but also that 'if we couldn't come to a resolution [we will] submit ourselves to international adjudication or arbitration'. She had communicated this advice to Xanana Gusmao the previous day and 'he was very pleased to hear that'.

Four things have become clearer since Australia was taken to the cleaners by Timor in the International Court of Justice in 2014:

A commitment by Australia and Timor-Leste to negotiate a maritime boundary would be no matter of concern to Indonesia.
The situation in the South China Sea could well be improved (and definitely not worsened) were Australia to commit to the negotiation of a maritime boundary with Timor Leste.
The CMATS Treaty has run its course. It has not achieved its primary objective which was the facilitation of the immediate development of Sunrise. It is now an irritant.
The espionage case and the refusal of a passport for Witness K will be an ongoing sore in the relationship unless it be in the interests of both parties to discontinue all such proceedings.

Were Labor to win the forthcoming federal election, there would be no reason to delay any further the negotiation of a maritime boundary. If on the other hand, Turnbull is returned with a mandate in his own right, he should come to see that Australian values and sound political principles support the need for his government to draw the line on past attempts to foreclose on boundary negotiations.

Given the ALP change and his own commitment to innovation and bold, clear thinking, Turnbull is unlikely to pledge his government to a further 41-year stand-off with Timor on the negotiation of a maritime boundary. Decent Australians and Timorese expect a change. Turnbull will have to stop preaching on the South China Sea if he is not prepared to act in the Timor Sea.

[Frank Brennan Frank Brennan SJ is professor of law at Australian Catholic University and Adjunct Professor at the Australian Centre for Christianity and Culture.]

Source: http://www.eurekastreet.com.au/article.aspx?aeid=46114#.Vu_uefkrKUk

Timor Sea boundary dispute: Australia is out of step with international best practice

The Interpreter - March 9, 2016

In a series of recent posts on The Interpreter, Stephen Grenville has suggested that if Australia agreed to enter into maritime boundary negotiations with Timor-Leste and, if necessary, allow an international umpire to determine a maritime boundary in the Timor Sea, Timor-Leste would somehow be worse off.

This is a strange assertion given the facts.

The 1982 United Nations Convention on the Law of the Sea gives every coastal state a right to 200 nautical mile Exclusive Economic Zone (EEZ) in which they have full sovereignty from the water surface to under the seabed. Australia signed this Convention in 1994.

Where EEZs overlap or are adjacent, international courts and tribunals have developed a process that uses the equidistant (or median) line as the starting point, and then adjusts the line to take into account 'relevant circumstances' which modify the line such as the location of minor islands or the concavity of coastlines.

The existence or otherwise of a continental shelf as claimed by Australia is totally irrelevant to the EEZ boundary delimitation in the Timor Sea.

Timor-Leste is confident that this internationally accepted method for delimiting maritime boundaries would result in the adjustment of the eastern lateral boundary in Timor-Leste's favour, placing the entire Greater Sunrise project in Timor-Leste's territory.

Unlike Australia, Timor-Leste is prepared to have this assertion tested in an international court or tribunal and allow an independent umpire to decide where the maritime boundaries should lie.

Timor-Leste is also confident that an international court or tribunal applying these principles would base a maritime boundary between Timor-Leste and Australia essentially on the median line.

However, Timor-Leste is unable have an independent umpire decide a maritime border with Australia because of a decision in March 2002 by Australian's then Foreign Minister Alexander Downer to pull Australia out of the compulsory jurisdiction of international courts and tribunals in relation to maritime boundary matters. This decision was made just two months before Timor-Leste finally achieved its independence.

This decision strongly suggests that Australia does not have the same level of confidence in its legal position that Timor-Leste has concerning its own.

Australia's reliance on these temporary resource sharing arrangements was recently confirmed by Prime Minister Malcolm Turnbull when he rejected a request from the Prime Minister of Timor-Leste, Dr Rui de Araujo to commence negotiations to settle a permanent maritime border in the Timor Sea. [fold}

Australia has negotiated a maritime boundary with all our other neighbours, recognising that administrative certainty in regard to defence, immigration, fisheries and energy resources is in our national interest, and that of our neighbours.

For example, in July 2004 Australia and New Zealand signed a maritime boundary treaty negotiated according to the principles set out in the UN Convention on the Law of the Sea. In a joint statement issued at the time, the Australian Foreign Minister Alexander Downer and New Zealand Foreign Minister Phil Goff said the Treaty:

"... provides each of us with certainty of jurisdiction over both the water column and seabed, including fisheries and petroleum resources, as well as in relation to protecting and preserving the marine environment and undertaking marine scientific research. The Treaty will benefit our fisheries and extractive industries, and greatly reduces the potential for future disputes between us."

At the same time, in bi-lateral talks in Dili, Australia was refusing to negotiate a maritime boundary with Timor-Leste according to the principles set out in the UN Convention on the Law of the Sea.

Timor-Leste's position was that the border should be the median line and that taking into account 'relevant circumstances' the laterals should be pushed further east and west.

Australia wanted to continue the temporary resource sharing arrangements negotiated in 1989 when Indonesia was still illegally occupying Timor-Leste. It was during these negotiations that Foreign Minister Downer allegedly authorised Australian spies to secretly record the Timor-Leste negotiating team.

Two years later in 2006, Australia and Timor-Leste signed the Certain Maritime Arrangements in the Timor Sea treaty (CMATS) that Mr Grenville enthusiastically defends.

It will come as no surprise that Timor-Leste did not succeed in getting Australia to agree to an equitable, median line based maritime boundary, or movement on the laterals. Australia's concession to Timor-Leste in the CMATS Treaty was additional revenue from the Greater Sunrise field, which in fact lies 100% on Timor-Leste's side of the median line. Australia's big win was a 50 year ban on even talking about permanent maritime boundaries in the Timor Sea.

Mr Grenville rightly asks what aspects of the CMATS outcome would have been different if Australia had refrained from the 'bumbling stupidity' of the alleged spying exercise.

That's open to debate, but I suggest we may have had a median line border in the Timor Sea between Australia and Timor-Leste, and Greater Sunrise would be generating much needed revenue for Timor-Leste and value for Woodside shareholders.

There are two other highly relevant factors not covered by Mr Grenville.

Firstly, because Greater Sunrise had not commenced development six years after CMATS was signed, Timor-Leste and Australia have the option of terminating CMATS and the Timor Sea treaty. Timor-Leste has made it very clear that its preference is to negotiate permanent maritime boundaries before considering taking such a step.

Secondly, Mr Grenville, and most of the Australia media, have studiously avoided acknowledging that Indonesia has entered into good faith maritime boundary negotiations with Timor-Leste.

Perhaps because this fact, more than anything else, highlights how Australia's refusal to negotiate is out of step with international practice.

Source: http://www.lowyinterpreter.org/post/2016/03/09/Timor-Sea-boundary-dispute-Australia-is-out-of-step-with-international-best-practice1.aspx

Timor: Rules-based order and spying

The Interpreter - March 3, 2016

There are a couple of issues from the The Interpreter discussion of the maritime border with Timor Leste that merit more exploration. First, the relevance of 'rules-based order'; second, the ASIS spying. Rules-based order

Malcolm Jorgensen makes an eloquent argument for handing over the rule-making on maritime boundaries to UNCLOS, largely on the basis that to do otherwise undermines our arguments elsewhere (in particular, in relation to the South China Sea) for a rules-based order. Everyone is in favour of a rules-based order. The operational question, however, is 'who writes the rules?'

In this case the relevant rules are not found in UNCLOS itself, but in dispute-resolution outcomes. In my most-recent post, I hazarded the guess that an arbitrated solution in this case would leave everyone unhappy: the Timorese because they are unlikely to get wider laterals that include the Sunrise gas-field; Australia because it would likely lose some of its continental shelf; and Indonesia (not a direct party, but closely interested) because the new border would be a constant reminder of how they were 'taken to the cleaners' in the 1972 treaty with Australia.

Could patient negotiation find a better solution? By all reports, past negotiations have been acrimonious, justifying the Timorese view that they were bullied. Even so, the 2006 Certain Maritime Arrangements in the Timor Sea treaty (CMATS) demonstrated a degree of flexibility, compromise, and give-and-take that international arbitration could not have achieved, with its search for consistent universal rules.

Indeed CMATS, at least initially, was favourably received by both parties as a reasonable compromise (Robert King's submission to the 2013 Joint Standing Committee on Foreign Affairs, Defence and Trade, Inquiry into Australia's relationship with Timor-Leste, records this history comprehensively).

Timor got 90% of the revenue from the Joint Petroleum Development Area (JPDA). It opened the way for Sunrise to be developed, with Timor getting 50% of the revenues, even though only 20% of Sunrise falls within the JPDA. Timor's Exclusive Economic Zone (EEZ) would encompass the whole of the JPDA. The vexed issue of a permanent maritime border covering the seabed was put off for 50 years.

The CMATS logic seemed sound: let's get on with developing the valuable resources, giving Timor a bigger share than it would most likely get from international arbitration. The differences of view on the maritime boundary were put off into the far distant future. Indonesia still felt it had been cheated in 1972, but it could take solace in two aspects. First, the Timor-Australia maritime border was not settled at equidistant, which would have been a constant reminder of Indonesia's own anomalous maritime border with Australia. Second, the 1997 treaty with Australia had confirmed Indonesia's EEZ extended to the median.

Does this arrangement need further adjustment? If Timor needs to settle its maritime boundaries now and comes to a re-opened negotiation believing that widening the laterals and getting direct ownership over Sunrise is a matter of national honour, then it's hard to see how negotiations could succeed (if only because Indonesia has a close interest and isn't present at the table). In time, the parties may be able to reset their expectations. The solution may be at variance with UNCLOS norms (as CMATS is), but would still be consistent with the UNCLOS over-riding principle that the best solution is an agreement between the parties.

Does it seem too much of a stretch to envisage that this kind of flexible give and take process might even have relevance as a model for the South China Sea disputes? Agreement in the Timor Sea would demonstrate that patient negotiation between all the parties can reach an acceptable, flexible and innovative outcome that might involve sharing resources and responsibilities in ways other than those envisaged in UNCLOS.

In the South China Sea there is no chance of finding an overall solution by submitting ad hoc parts of this problem to international arbitration. Is anyone suggesting that calling in the surveyors to draw some equidistant lines between the relevant countries could ever settle this issue? An overall agreement with all interested parties (perhaps beginning with a negotiation between ASEAN and China) might be a big ask, but it would open up possible compromises and innovative solutions specific to the region and the circumstances that are simply not on the table if this goes to international arbitration. For example, can you see anything familiar in this proposal for two Joint Development Areas in the South China Sea?

So of course we are all in favour of a rules-based order. But sometimes patient efforts at agreement are better than legal process.

Spying

Let's turn now to the spying. As I have said before, this was not only scandalously unacceptable behaviour, but incompetent as well. So what should we do now? First, we should admit what we did, apologise and undertake never to do this sort of thing again. If the information collected was of any use, and got us a better outcome in CMATS, we should offer to rectify this unfair betterment. But so far no one has suggested what aspects of the CMATS outcome would have been different if we had refrained from this bumbling stupidity. As the then foreign minister said, 'you didn't have to spy on the East Timorese to know their position'.

How can we put substance behind a promise not to do this again? We have to fix the failed governance of ASIS. It's not good enough to hide behind the 'never confirm or deny' smoke-screen, when the only lesson learned is: 'next time don't get caught'. Like other Government institutions (which also have their secrets), ASIS should not only be held accountable for its actions, but the value of its output requires continuous critical appraisal. The current accountability doesn't seem to go much beyond checking administrative issues (was the petty cash properly accounted for?). How many more episodes of incompetence occurred but didn't happen to come to light? In this process, we need to ask why we need this kind of cloak-and-dagger James Bond activity at all? And it's not the intelligence community's sole recent public debacle: listening in on SBY's wife was just mindless.

What is needed is a wide-ranging enquiry into the net benefits of this kind of intelligence-gathering. If we do need ASIS, then it requires a degree of oversight which has clearly been lacking. If such an inquiry produced a substantial shrinking (or even disappearance) of ASIS and reining-in of the Signals Directorate, that would free up resources to boost DFAT's overt intelligence collection.

Source: http://www.lowyinterpreter.org/post/2016/03/03/Timor-Rules-based-order-and-spying.aspx