STATEMENTS TO SECURITY COUNCIL PLENARY ON TIMOR-LESTE

(2005-03-01)

FOLLOWING ARE SUMMARIES OF STATEMENTS MADE TODAY TO THE SECURITY COUNCIL MEETING ON TIMOR-LESTE. A COMPLETE SUMMARY OF THE MEETING WILL BE AVAILABLE AFTER THE MEETING’S CONCLUSION AS PRESS RELEASE SC/8323.

Background



Before the Council was the Secretary-General’s progress report on the United Nations Mission of Support in East Timor (UNMISET), dated 18 February 2005 and covering the period since 16 November 2004, when the Council adopted resolution 1573 extending the Mission’s mandate until 20 May 2005.



In the report (document S/2005/99), the Secretary-General recommends maintaining a United Nations Mission with a scaled-down structure for a period of up to 12 months, until 20 May 2006. That period could be shortened if bilateral and multilateral arrangements are identified to assume UNMISET’S critical responsibilities. The Mission’s reconfigured structure would have 35 military liaison officers (down from 42) with 144 back-up security support (instead of the current 310), including airborne mobility, primarily to facilitate the contacts between the Timorese and Indonesian border security agencies; and 40 police trainers (down from the present 157) to train national police units in the areas of investigation, forensics and logistics, and to help promote professional ethics.



According to the report, the restructured Mission would also include
45 civilian advisers (reduced from the current 58) to provide training and supervision as part of the capacity-building efforts in public administration, as well as to support critical State institutions, particularly in the justice sector where their Timorese counterparts are undergoing legal training; 10 human rights officers (down from the 14 at present) to promote respect for human rights through training and monitoring, and to assist in establishing the Office of the Provedor for Human Rights and Justice; and a small office supporting the Secretary-General’s Special Representative to coordinate the Mission’s work with United Nations system partners in Timor-Leste. These personnel could be reduced as and when persons provided under such arrangements become available to take over those responsibilities.



The Secretary-General notes that tangible progress has been achieved in establishing sustainable State institutions and in promoting democracy, transparency, accountability and respect for human rights during UNMISET’s consolidation phase, starting in May 2004. Evidence of that progress includes the successful holding of local elections in the Bobonaro and Oecussi districts, the adoption of legislation that is essential for a democratic society based on the rule of law, and the Government’s implementation of measures to resolve the question of veterans and the issue of violence between martial arts groups.



However, significant challenges remain, the report states. The provision of international assistance beyond the expiration of UNMISET’s current mandate will be crucial for Timor-Leste’s long-term security, stability and sustainable development. In the area of border management and control the Border Patrol Unit’s performance has improved, but it still lacks sufficient capacity to manage border affairs and to interact with the Indonesian national army on its own. And while the national police force has gained considerable experience, it still lacks critical skills and proficiency.



Regarding the development of critical State institutions, the report points out that, while the capacity of the public administration has been greatly enhanced, some core institutions, particularly in the justice and finance sectors, still rely on international advisers for the performance of line functions owing to a shortage of qualified personnel. And with respect to the observance of democratic governance and human rights, there are allegations of corruption within and political interference with the work of the national police, as well as and continued reports of human rights violations by police.



Noting that UNMISET has made efforts to secure continued support from bilateral and multilateral partners beyond the expiration of its mandate, the report says that some of those partners have expressed interest in taking over some of the Mission’s civilian adviser positions in the public administration, as well as providing or increasing assistance to police development programmes. But no firm commitments have been received and, while UNMISET continues its efforts to identify partners, it is increasingly clear that the level of assistance that it has been able to secure for the period following its planned closure may not be adequate.



The report states that, during the reporting period, the overall situation in Timor-Leste remained calm and stable, despite the reported incursion of an armed ex-militia group in January and clashes between the military and police. And according to the findings of the transition working groups on requirements for continued international assistance to Timor-Leste, and in view of the unavailability of viable alternatives to provide the assistance that the country requires, a withdrawal of UNMISET would have a potentially negative impact on the country’s stability and on the proper functioning of State institutions. The Secretary-General recalls that Prime Minister Alkatiri has written to him requesting continued United Nations assistance for one more year and that he has made a similar request in a letter to heads of State and government, including Security Council members.



Statements



SUKEHIRO HASEGAWA, Special Representative of the Secretary-General for Timor-Leste, outlined recent political and security developments, saying that the first elections since Timor-Leste’s independence, for village chiefs and councils in the districts of Bobonaro and Oecussi, had taken place in December 2004 in an atmosphere free of intimidation. The next round, in Lautem, Baucau and Manatuto districts, would be held in March, followed by the remaining eight districts from April to June.



Timor-Leste had continued to make progress in strengthening its relations with neighbouring countries, particularly Indonesia, he said. The two countries had held a summit meeting in December and enhanced their relationship to mutual confidence and appreciation when President Gusmao had presented to President Yudhoyono a cheque from the Timorese people for tsunami relief efforts. Recently, the two countries had established the Truth and Friendship Commission to deal with crimes committed in 1999, among other things.



He said tangible progress had also been made in building democratic institutions in Timor-Leste. The organic law of the Superior Council for Defence and Security had been approved by the National Parliament on 14 February 2005 and promulgated by the President on 17 February. That law, together with the organic law of the Council of State, represented another step in the strengthening of the principle organs of sovereignty. The draft law on freedom of assembly and demonstration was expected to be adopted at any time. The Council of Ministers had approved, on 9 February, laws on foreign and domestic investments. Another noteworthy accomplishment was the drafting of the law on the petroleum fund, which would ensure accountability in petroleum revenue management.



But in spite of the tangible progress made on many fronts, a number of major challenges remained, the most demanding being the land-border demarcation negotiations, he said. A provisional line comprising more than 95 per cent of the border had been agreed upon at the technical level, yet it had not been possible to resolve the remaining border issues and to establish a transportation corridor linking Oecussi with the rest of Timor-Leste. In addition, the fight against corruption was a newly emerging challenge for the country, which required not only the formulation and implementation of legislation, but also the establishment of ethical standards and guidelines. The National Parliament was expected very shortly to appoint a long-awaited Provedor of Human Rights and Justice.



Turning to security and stability, he said Timor-Leste had remained relatively calm and stable, but the operational environment remained fragile. Armed elements with possible links to ex-militia groups had made incursions in January and February, posing a potential threat to the country’s security. The border remained porous and difficult to control and illegal trading, smuggling and illegal crossings continued to take place. There was a need to enhance the border management capability and the absence of an agreed border and a legal framework to manage border posts would add considerably to the problem. However, it remained highly unlikely that a final land-border agreement could be concluded by 20 May 2005. The critical vulnerability remained the effectiveness of the Border Police Unit to maintain the security situation along the border.



He said that the Border Police Unit had assumed border management responsibilities since 20 May 2004, but had not yet gained sufficient experience, confidence and capacity to manage border affairs without the support of the United Nations Military Liaison Group. Its relationship with the Indonesian armed forces was still at an initial stage of development, relying heavily on facilitation by Military Liaison Officers. The approximately 300-strong Border Police Unit remained considerably under-resourced and inadequately matched in comparison with the 1,500 Indonesian border units. The UNMISET military component would continue to assist through its Skills and Knowledge Transfer Programme, covering five training modules. That programme complemented the various existing bilateral arrangements.



Turning to the serious crimes process, he said the prosecutor had ended all investigations November 2004 and trials would be completed by March 2005, as mandated by paragraph 8 of Security Council resolution 1543. The Serious Crimes Unit and the Special Panel were preparing a database that would allow electronic searches of all cases. Increasing national ownership remained important, as approximately 340 indicted people remained outside Timor-Leste and might return in the coming years. The serious crimes process would not respond fully to the desire for justice of all victims of 1999 violence. In that regard, the Secretary-General had established the Commission of Experts, which would assess the outcome of the two judicial processes in Jakarta and Dili. The Commission would also consider ways in which its analysis could be of assistance to the Truth and Friendship Commission.



JOSE RAMOS-HORTA, Minister for Foreign Affairs and Cooperation of Timor-Leste, offered condolences to Bangladesh and the families of the victims for the brutal murder of its peacekeepers in the Democratic Republic of the Congo. He said, while he could not fully agree with the valued advice of the Secretary-General regarding the reduced figures being proposed for continued assistance from the United Nations, the disagreements were minor. The minimum request for assistance had clearly been highlighted by his Prime Minister and represented the barest minimum of secured assistance through assessed contributions that would ensure that the gains in Timor-Leste were not unduly jeopardized.



Currently, UNMISET had 42 Military Liaison Officers who were undertaking facilitation of exchanges between the Border Patrol Unit (BPU) and the Indonesian TNI, he said. The only legal agreement that governed the interaction between the border security agencies of Timor-Leste and Indonesia was the Military Liaison Arrangement. A successor arrangement had not yet been put in place. Indonesia had made it clear that the main security agency on its side of the border would be the TNI, which implied that the training of the BPU needed to be provided by the Military Liaison Officers. The presence of the 41 Military Liaison Officers represented the barest minimum required.



Further, he said that, if any country in the region were to offer standby arrangements for evacuation and other logistical support, his country would be open to discussion on an arrangement. While it had been said that Timor-Leste could be more effectively assisted through bilateral arrangements, he was puzzled that, so far, there had not been any positive reaction to Timor-Leste’s innovative suggestion that some close neighbours provide a standby evacuation force.



He thanked the Council for having stationed the 125-strong Brazilian International Response Unit (IRU) since last May. Fortunately, the assistance of the IRU had not had to be requested, he said. Moreover, the country’s own security agencies, particularly the Police Reserve Unit (PRU), had benefited from the training provided by the Mission’s police component. The elements of the PRU had behaved with remarkable discipline and were deeply conscious of promoting and protecting human rights of all. Therefore, retention of the IRU had not been sought.



Regarding his country’s request for police trainers, he said a significant number of East Timorese police officers would soon receive training in criminal investigation and traffic control in Indonesia. Several areas such as forensics, the specialized units, investigations and the like were not covered by several bilateral initiatives. Therefore, the retention of 62 police trainers, deployed in those areas where multilateral and bilateral assistance were currently unlikely to be available, was essential. As far as critical civilian advisers for strengthening the institutional capacity of State institutions, his country had indicated that 68 advisers would be required to ensure that the sovereign institutions developed adequate capacity for effective discharge of their functions, but the Government had been advised not to ask for more than 58 and that is the number now requested.



He said the governments of Timor-Leste and Indonesia were conscious of the need to deal with the burden of the past. Hence, a Commission of Truth and Friendship had been established. The work of the Ad Hoc Tribunal on Human Rights Violations in East Timor, established in Indonesia in 1999-2000, had not ended. In Timor-Leste, the Commission on Reception, Truth and Reconciliation (CAVR) had been created, while the Special Representative had created the Serious Crimes Panel. The nascent nation of Timor-Leste required the focus to be on restorative justice, so that primary attention was given to people, participation, dialogue, needs, compensation and the future. Indonesia was beginning to take steps to confront its own past. Both countries had a long way to go towards consolidating democracy and the rule of law.



He said the people of Timor-Leste and the international community must accept and understand the complex challenges faced by the elected civilian leaders in Indonesia. Excessive outside pressure on the elected civilian leaders could result in unrest within the armed forces, undermining stability and the entire democratic experiment in the largest Muslim country, he warned. Since the end of 1999, overall, the Indonesian military leadership had displayed good faith in cooperating with the United Nations civilian and military authorities in Timor-Leste.



Land-border demarcation talks between the two sides had progressed in record time, reaching now some 96 per cent, he said, and the two Governments were determined to finalize the demarcation process, but could not anticipate when that process would be completed. He then proceeded to explain the terms of reference of the Commission of Truth and Friendship, which required the signatures of the two Presidents, among other things. It was the first time in history that two countries had embarked on a joint truth committee. It would be unique if two countries, one predominantly Muslim and one Catholic, could successfully bring to an end, in a satisfactory manner, the most unhappy chapter in their past.



In conclusion, he appealed for one final six months, or one year, extension of a United Nations assistance mission in Timor-Leste. He was aware of the fact that he had made the same request last year, but said he had been too optimistic. The United Nations had made an invaluable contribution to one of the most successful stories in the world. The reality was that peace in Timor-Leste, as well as the institutions that had made it possible, was fragile.



KENZO OSHIMA (Japan) expressed satisfaction with the achievements and progress made in the overall situation in Timor-Leste and with the steady, positive developments being made in the country. It was cause for congratulations that bilateral relations between Timor-Leste and Indonesia had improved, he said. He was, however, concerned that the delineation of the land border was unlikely to be finished by May and that there continued to be incidents, including the incursion of an armed ex-militia group last month. He urged both sided to ensure that the border demarcation talks were brought to a successful conclusion and border security control was enhanced.



He said the gaps in the transition process was anther challenge. If unmet requirements were left unresolved, that situation could threaten the important gains made. His country was, therefore, prepared to consider sympathetically the proposal for retaining, on expiration of UNMISET’s current mandate, some form of United Nations activities in Timor-Leste. A small United Nations mission dedicated to peace-building, with a minimum required number of personnel and authorized for a limited duration, could be a useful solution to the remaining problems. Issues concerning serious crimes committed in the past should also be addressed. A Commission of Experts, as proposed, in order to face the issue of impunity, would need to have good cooperation from the countries concerned.



KONSTANTIN DOLGOV (Russian Federation) said that, in recent months, Timor-Leste had achieved considerable success, as noted by the Secretary-General in his report and as his Special Representative’s had made clear in his briefing to the Council. However, despite those efforts, the Russian Federation agreed with the Secretary-General that the progress achieved was insufficient and the country had not yet met the criteria required of an independent State. That applied particularly in the areas of public administration, police and border patrol.



After the expiration of UNMISET’s mandate, Timor-Leste would still need international assistance to ensure security and stability, he said. An ongoing United Nations presence would still be important. In addition, the Russian Federation welcomed the establishment of the Truth and Friendship Commission, which would strengthen the relationship between Timor-Leste and Indonesia. The Russian Federation also reaffirmed its continuing support for the activities of the Special Representative of the Secretary-General and his staff, as well as those of the Mission, in fulfilling their mandate.



EMYR JONES PARRY (United Kingdom), aligning himself with the statement to be made on behalf of the European Union, said the Government and people of Timor-Leste, with the assistance of UNMISET, continued on the road of self-reliance, but significant challenges remained and continued international assistance was crucial. He, therefore, supported a continued United Nations presence in Timor-Leste beyond May.



In that regard, he would like to see a small and tightly focused political mission with a clear exit strategy and concentrating on institution-building. He welcomed the continuing evolution of the relationship between Indonesia and Timor-Leste, including creation of the Truth and Friendship Commission and the progress in border demarcation. He reiterated support for the Commission of Experts to tackle the issue of justice and looked for a recommendation regarding human rights and durable justice in Timor-Leste.