Subject: UN: SG Report to Security Council May 22,
1999
Date: Sat, 29 May 1999 11:40:20 -0400
From: "John M. Miller" <fbp@igc.apc.org> S/1999/595 22 May 1999
ORIGINAL: ENGLISH
Question of East Timor Report of the Secretary-General
1. The present report is submitted in pursuance of paragraph 8 of Security Council
resolution 1236 (1999) of 7 May 1999, in which the Council requested me to keep it closely
informed of the situation in East Timor and to report to it by 24 May 1999 on the
implementation of that resolution and of the Agreements reached on 5 May 1999 by the
Governments of Indonesia and Portugal and the United Nations (see A/53/951-S/1999/513).
The Council requested me, in particular, to specify the detailed modalities of the
consultation process to be conducted by the United Nations and to present detailed
recommendations on the mandate, size, structure and budget of the United Nations mission,
including civilian police officers.
2. In implementation of the above requests, I dispatched an assessment team to East
Timor from 4 to 15 May to evaluate the political and security situation on the ground, to
discuss with the Indonesian authorities the facilities available in Dili and elsewhere for
the establishment of the United Nations mission and to obtain the necessary information to
enable the Secretariat to draw up a detailed operational plan for the consultation.
3. The Security Council will be aware of the very tight time-frame for the operation
resulting from the decision by the parties to set 8 August 1999 as the date for the
ballot. In addition, the difficult terrain and limited infrastructure of East Timor
further complicate the task. The Territory, 14,500 square kilometres in size, is about 265
kilometres from east to west, and is dominated by a central mountainous spine reaching
almost 3,000 metres at its highest point. Most roads throughout the Territory require
four-wheel drive vehicles, and existing communications infrastructure is limited. East
Timor is not a contiguous Territory, as it also includes the enclave of Ocussi Ambeno,
situated in West Timor some 120 kilometres west of the East Timor/West Timor border, as
well as the islands of Atauro and Jaco.
4. In accordance with the overall Agreement between the Governments of Indonesia and
Portugal and the two supplementary Agreements between the United Nations and the two
Governments (A/53/951-S/1999/513, annexes I-III), I propose the establishment of the
United Nations Mission in East Timor (UNAMET) to organize and conduct a popular
consultation in order to ascertain whether the East Timorese people accept or reject the
proposed constitutional framework providing for a special autonomy for East Timor within
the unitary Republic of Indonesia. The deployment of UNAMET will also enable me to
discharge my responsibility as stipulated in paragraph 3 of the Agreement regarding
security (ibid., annex III).
5. Three essential conditions must be met for UNAMET to be effective. First, it must at
all times have the full confidence and backing of the Security Council. Secondly, it must
function with the full cooperation of the Indonesian authorities. Thirdly, it must have
the resources necessary to carry out its tasks. I shall keep the Council informed of
developments relating to the functioning of the Mission and seek the Council's guidance,
as appropriate.
6. UNAMET must enjoy the privileges and immunities, freedom of movement and
communication and other facilities necessary for the performance of its tasks. I shall
seek to conclude with the Government of Indonesia, as soon as possible, a
status-of-mission agreement.
7. UNAMET will carry out its tasks objectively and impartially. Its personnel shall
neither seek nor accept instructions from any source external to the United Nations.
8. Jamsheed Marker will continue to serve as my Personal Representative for East Timor.
As the Council is aware, I have decided to appoint Ian Martin as my Special Representative
for the East Timor Popular Consultation and as Head of UNAMET. The Mission will include
political, electoral, civilian police, information and administrative/financial
components, the heads of which will report to the Special Representative. Human rights
will be integrated in different aspects of the Mission's components. In addition, the
Mission will include a small component to monitor humanitarian developments in the
Territory and advise the Special Representative on humanitarian issues.
9. At full deployment, UNAMET will have 241 international staff members and 420 United
Nations Volunteers, up to 280 civilian police, as well as some 4,000 local staff. Given
the limited time period before the consultation, the personnel for UNAMET are being
recruited as speedily as possible, while at the same time ensuring high standards of
efficiency and the security of United Nations personnel. Thus, the deployment of UNAMET
will begin with the establishment of a headquarters in Dili, to be followed by seven
regional centres, with a possible further expansion at the subregional level.
Political component
10. In order to monitor the overall implementation of the three Agreements concluded on
5 May in New York, UNAMET will include a political component, consisting of a Chief
Political Officer, who will head the component and will report to the Special
Representative, and 15 Political Officers, who will be deployed in each of the Mission's
regional centres. In addition, a Senior Political Officer will be posted in Jakarta to
serve as liaison with the Indonesian authorities.
11. The political component will be responsible for monitoring the fairness of the
political environment and ensuring the freedom of all political and other non-governmental
organizations to carry out their activities peacefully. It will monitor and advise the
Special Representative on all matters that have political implications for the effective
holding of the popular consultation.
Electoral component
12. The electoral component will be responsible for all activities related to
registration and voting. The core staff at UNAMET headquarters will be headed by a Chief
Electoral Officer, complemented by 16 regional staff. An additional 400 polling officers
will be provided through the United Nations Volunteers.
13. The external polling called for in the Agreements will be conducted on behalf of
the United Nations by the Australian Election Commission and the International
Organization for Migration (IOM). This external polling will be coordinated through the
IOM field coordinator, the Electoral Assistance Division of the United Nations Secretariat
and the electoral component based in Dili.
14. It is my intention to appoint three eminent international experts to serve as
members of the Electoral Commission, which will be responsible for the overall assessment
of the consultation process and for hearing any complaints, challenges or disputes
thereon. The Commission, the terms of reference of which are being prepared, will be an
independent body with final decision-making authority. The Chief Electoral Officer may
attend and address meetings of the Commission.
Popular consultation modalities
15. The recent assessment mission confirmed that the voting population in East Timor is
estimated at approximately 400,000 people, spread in 13 districts, subdivided into 62
sub-districts and 462 municipalities. I propose to establish 200 centres inside East Timor
where registration and polling will take place. Approximately 40 per cent of the eligible
voters are located in the Dili-Aileu-Manatuto-Baucau region in the north of the Territory,
which is the most accessible. Specific logistical plans are being laid down for this
region and for the east, south and west of the Territory, as well as for the enclave of
Ocussi Ambeno, which differ significantly in terms of conditions and requirements.
16. For purposes of the consultation, the districts will be divided into eight regional
centres. Each centre will be staffed by two international supervisors. All participants in
the consultative process will be required to register specifically for the polling on 8
August 1999. Registration will take place over 20 consecutive days at the 200 registration
centres. At its conclusion, registration lists will be posted publicly for a period of
five days. For the polling, the registration centres will be subdivided into 700 polling
stations. External polling will follow an identical timetable.
17. Since the United Nations is itself organizing and conducting the popular
consultation in East Timor, UNAMET will not be responsible for assisting or coordinating
international observers. For those who may wish to observe, the United Nations will be
responsible for accreditation and the provision of an observer code of conduct. However,
all arrangements for international observation, including transport, accommodation and
security, are outside the responsibility of UNAMET.
18. The schedule of activities outlined in the Agreement regarding modalities
(A/53/951-S/1999/513, annex II) is being strictly adhered to. Instructions and procedures
on all aspects of the consultative process are currently being drafted within the
Electoral Assistance Division of the Secretariat. These include directives on the
registration process, documentation, appeals, codes of conduct, external polling and
counting. Ballot design is being discussed, and procurement will be initiated shortly for
such items as ballot boxes, ballot papers, voting compartments, seals and other
requisites.
Information activities
19. In order to provide the East Timorese with the information necessary to make an
informed choice on 8 August, and in accordance with the Agreement on modalities, which
calls for the United Nations to conduct an information campaign, UNAMET will include an
information component to explain to the East Timorese people the terms of the main
Agreement and the autonomy framework (A/53/951-S/1999/513, annex I, appendix). It will
also provide information on the process and procedure of the vote and explain the
implications of a vote in favour of or against the proposal. The information campaign will
be conducted in an objective and impartial manner, without prejudice to any position or
outcome.
20. The information campaign, which will last for the duration of the Mission, will be
conducted over radio, on television and through print, using existing facilities insofar
as possible, and by such means as public meetings and other public outreach programmes.
The campaign will be conducted in the Tetum, Bahasa Indonesia and Portuguese languages.
Information will also be provided through United Nations Headquarters and United Nations
information centres for those East Timorese living outside the Territory.
21. The assessment team found a willingness among local media providers to cooperate
with the United Nations by making broadcast and production facilities available. A high
priority will be given to securing access to the airwaves on all available broadcast
channels, as well as to existing production facilities, through an exchange of letters or
other written agreements with those responsible for the facilities. In order to guarantee
rapid and unimpeded production, consideration is also being given to setting up a small
radio and television production facility for UNAMET.
Security situation 22. As I noted in my previous report, according to article 3 of the
overall Agreement (A/53/951-S/1999/513, annex I), the Government of Indonesia is
responsible for maintaining peace and security in East Timor in order to ensure that the
popular consultation is carried out in a fair and peaceful way in an atmosphere free of
intimidation, violence or interference from any side. In the Agreement regarding security
(ibid., annex III), its signatories agreed that a secure environment devoid of violence or
other forms of intimidation was a prerequisite for the holding of a free and fair ballot
in East Timor, and further, that the absolute neutrality of the Indonesian Armed Forces
(TNI) and the Indonesian police was essential in this regard. In my last report, I drew
the attention of the Security Council to the high level of tension and political violence
that are prevalent in East Timor and indicated the main elements that would need to be in
place in order to enable me to determine that the necessary conditions exist for the start
of the operational phases of the consultation process.
23. Despite repeated assurances that measures would be taken by the Indonesian
authorities to ensure security in East Timor and curtail the illegal activities of the
armed militias, I regret to inform the Security Council that credible reports continue to
be received of political violence, including intimidation and killings, by armed militias
against unarmed pro-independence civilians. I am deeply concerned to learn from the
assessment team that, as a result, the situation in East Timor remains extremely tense and
volatile. While the team was in Dili, several shootings occurred on the outskirts of the
city, the house of the head of a local human rights organization was vandalized and a
clash took place between pro-integration and pro-independence militias, resulting in the
deaths of at least three people. Furthermore, there are indications that the militias,
believed by many observers to be operating with the acquiescence of elements of the army,
have not only in recent weeks begun to attack pro-independence groups, but are beginning
to threaten moderate pro-integration supporters as well. Truckloads of pro-integration
militia are able to roam about freely in the towns and to set up checkpoints along the
roads without any intervention from the army or the police. While accurate information
about the militias is not readily available, there would appear to be currently some 24
such groups spread around the Territory. Most of the pro-independence leaders have fled
from Dili or gone into hiding. Only one leader from the Timor National Resistance Council,
Leandro Isaac, who had taken refuge at the police headquarters in Dili, was available to
meet some members of the team during their stay in East Timor.
Commission on Peace and Stability 24. The Commission on Peace and Stability,
established on 21 April by representatives of the pro-independence and pro-integration
sides, the local government and the local police and military commanders, has yet to
become operational, despite the call in the Agreements of 5 May for it to become
operational without delay. This is largely attributable to the inability of the
pro-independence representatives to participate freely owing to the physical threats posed
by the armed militias. Under the Agreement regarding security, the Commission, in
cooperation with the United Nations, was entrusted with the task of elaborating a code of
conduct, by which all parties should abide, for the period prior to and following the
consultation, ensuring the laying down of arms and adopting the necessary steps to achieve
disarmament. I intend to make every effort to enable the members of the Commission to meet
and to begin this important work, and UNAMET will be taking up the issue of security and
protection for members of the Commission with the local police and military. I will also
seek to ensure the full participation of the United Nations in the work of the Commission.
I must underline the importance, for the credibility of the consultation process, of
ensuring the free participation of representatives of all political viewpoints in the
Commission and, more broadly, in the debate and campaign on the special autonomy proposal.
25. I welcome and strongly support the efforts made by Bishop Belo, through the
Commission on Peace and Justice, to launch the Dare II reconciliation meeting, which is
aimed at bringing about peace and reconciliation among the various factions that exist
within East Timorese society.
Security measures United Nations civilian police
26. According to article 4 of the Agreement regarding security (A/53/951-S/1999/513,
annex III), the local police are to be solely responsible for the maintenance of law and
order, although there appear to be a number of constraints that have prevented the local
police, thus far at least, from assuming that responsibility. The tasks of United Nations
civilian police will be to act as advisers to the Indonesian police in the discharge of
their duties and, at the time of the consultation, supervise the escort of ballot papers
and boxes to and from the polling sites. To carry out these tasks, a total of up to 280
experienced civilian police officers will be required for deployment in Dili, the eight
districts where electoral offices are to be established and the 200 registration/polling
centres. The first team, composed of headquarters staff, will be dispatched by mid-June.
As the head of the civilian police component, a Civilian Police Commissioner will be
appointed from among Member States contributing police personnel.
27. It would be my intention, given the important role played by the Indonesian armed
forces in East Timor, to assign a number of military liaison officers to maintain contact
with their Indonesian counterparts. This would assist the Mission in the discharge of its
responsibilities under articles 3 and 7 of the overall Agreement and paragraphs 1 and 3 of
the Agreement regarding security. I am examining this possibility and will be reporting to
the Security Council as soon as consultations have been completed.
Security of United Nations personnel 28. My assessment teams have been well received in
East Timor. However, they have noted that unrealistic expectations of the United Nations
role exist among some East Timorese which cannot be met in full. UNAMET will be taking a
clear stand against acts of intimidation from any quarter. The Indonesian authorities will
be fully responsible for the security of United Nations personnel and have given the
Secretariat assurances in that regard. The United Nations will be in close contact with
them to discuss specific measures, including the protection and, if necessary, extraction
of United Nations personnel deployed in remote locations.
Budget of the United Nations Mission in East Timor
29. A budget comprising total costs for UNAMET, except those associated with the
civilian police component, has been submitted to the General Assembly in document
A/C.5/53/61. I have sought commitment authority from the Assembly so that the operation
may proceed smoothly. Cost estimates for the civilian police and possible military liaison
component (see para. 27 above) will be submitted shortly. As I indicated in my last report
to the Security Council, I have established a Trust Fund for East Timor, which has been
utilized to cover various expenses associated with the launching of the Mission. I am
grateful to those Member States that have already contributed to the Fund.
Conclusions and recommendations
30. Every effort is being made to deploy the Mission as rapidly as possible. The
deployment will occur in phases and will inevitably be dependent upon security conditions
in the Territory and, given the logistical challenges and limited infrastructure, on the
timely availability of the necessary personnel and other resources.
31. UNAMET will also depend upon the full cooperation of the Government of Indonesia
and the local authorities in East Timor. I am pleased to note that, thus far, this
cooperation has been forthcoming and fruitful. As I have indicated above, UNAMET must
enjoy the privileges and immunities, freedom of movement and communication and other
facilities necessary for the effective performance of its tasks. I shall seek to conclude
with the Government of Indonesia, as soon as possible, a status of mission agreement to
ensure the smooth running of the operation.
32. I wish to remind all concerned of the importance of the measures outlined in
paragraph 6 of my previous report, which the Indonesian authorities need to take in order
to ensure a free environment for the consultation. These include the bringing of armed
civilian groups under strict control and the prompt arrest and prosecution of those who
incite or threaten to use violence, a ban on rallies by armed groups while ensuring the
freedom of association and expression of all political forces and tendencies, the
redeployment of Indonesian military forces and the immediate institution of a process of
laying down of arms by all armed groups well in advance of the holding of the ballot.
33. Whatever the outcome of the popular consultation, there will be a pressing need for
reconciliation between the various competing factions within East Timor. The work of the
two East Timorese Bishops and others to promote dialogue and bring about reconciliation
between the pro-independence and pro-integration sides constitutes an important element in
the overall effort to achieve a peaceful solution to the East Timor question.
34. It is my sincere hope that all necessary steps will be taken to improve the
security conditions in East Timor, so that the consultation process can move forward in a
secure and peaceful atmosphere. With continued close and effective cooperation between the
Indonesian authorities and the United Nations, the security situation ought to improve to
allow for a peaceful and secure consultation process. To that end, I also recommend that
every effort be made to make the Commission on Peace and Stability operative.
35. I would like to recall that, as stipulated in the Agreement regarding security, I
am called upon to ascertain, prior to the start of the registration and based on the
objective evaluation of UNAMET, that the necessary security situation exists for the
peaceful implementation of the operative phases of the consultation process. I wish to
assure the Security Council that I intend to carry out that responsibility with the utmost
care.
36. The Agreements of 5 May constitute an historic opportunity to resolve the question
of East Timor. The Governments of Indonesia and Portugal are to be justly congratulated on
their efforts thus far. Upon its establishment, UNAMET will do its utmost to enable the
East Timorese to freely express their will regarding their future.
37. In conclusion, I request the Security Council to approve the mandate of UNAMET and
the modalities for the implementation of the popular consultation process. I shall
continue to report to the Council at regular intervals.
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