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REFERENDUM: TOWARDS A JUST SOLUTION

Petition East Timor National Youth Front (Fronpetil)

The ideals of the Indonesian nation, as poured in the first paragraph of the 1945 Constitution, are lofty ideals formulated by the founders of the Indonesian republic to direct the people to achieve independence as prodaimed on 17 Aug,ust 1945.

The ideals and struggle ofthe East Timorese Youth to achieve what we think as right for the East Timorese society, are ideals that by no means contradict the lofty ideals of the Indonesian nation nor the internatioml norms. Our struggle is an expression of moral responsibility of every East Timorese. However, the struggte of the East Timorese people to self-determination has to face conflicts of political interests, imposed by the New Order regime in 1975.

The conflict in East Timor has caused continous suffering. The awkward position taken by the Indonesian government that never wants to touch the substantial part of the issue (the right to self-determination), has been a huge problem to find a solution to the question of East Timor. This position, as expressed in the repetitious argument that the question of East Timor is an internal problem, clearly contradicts the real condition. The question is still being debated in international fora, and in East Timor itselfnthere is an on going people's struggle at several fronts (diplomatic, clandestine and armed guerillas).

Reflecting on the dark history of the Indonesian military invasion on 7 December 1975, the struggle of the East Timorese people against occupation, and also the reform movement nowadays in Indonesia, we the youth of East Timor, organized under the East Timor National Youth Front urge and demand the Indonesian government and all concerned parties that have direct or indirect interest in East Timor to take concrete steps and to contribute to the solution ofthe question of East Timor.

Considering:

1. That the military invasion by the Indonesian government on 7 December 1975 was a violation of the right of the East Timorese people to self-determ1nation, as ruled and protected by several international judicial instruments, such as the United Nations Charter, the UNGA Resolution 1514 (XV) 14 December 1960 or the Declaration on the Granting of Independence to the Colonial Countries and Peoples, and the International Covenant on Civil and Political Rights, and the UNGA Resolution 1541 (XV), 15 December 1960.

2. That the military invasion to East Timor by the Indonesian government was a violation ofthe UNGA Resolution Nr. 3485 (XXN, 12 December 1975, and the UN Security Council Resolution Nr. 384, 12 December 1975 that provides the rights of East Timorese people to self-determination and the right to be a free nation. Both resolutions are in accordance with the spirit of the UN Charter and the Dedaration on the Granting of Independence to the Colonial Countries and Peoples.

3. That both resolutions clearly condemned the invasion to East Timor by the Indonesian government, and demanded the Indonesian government to withdraw its forces from East Timor.

4. That both resolutions granted the right to Portugal to act as the administering power in East Timor since 1975 until now to proceed with the abrupted decolonization process of East Timor.

5. That the military invasion to East Timor is a violation of the 1945 Constitution of the Republic of Indonesia. As a consequence the Law No. 7/1976 that legalized the 'integration' of East Timor into the Republic of Indonesia, is also a violation of the 1945 Constitution.

6. That the military invasion to East Timor has caused heavy losses, a large number of East Timorese civilians, Indonesian military personnels, the destruction of properties and culture. The invasion and occupation of East Timor is also an economic burden for the Indonesian people, due to its high military expenditures.

Based on these considerations, the East Timor National Youth Front (Fronpetil) demands:

To the Government of Indonesia:

1. To revoke the Law No. 7/1976 that legalized the 'integration' of East Timor into the Republic of Indonesia, since the law clearly negates the spirit of the first paragraph of the 1945 Constitution. The law is also a negation to the spirit of anti-colonialism that is clearly embodied in the international judicial instruments, such as the UN Charter, the Declaration on the Granting of Independence to the Colonial Countries and Peoples, and specifically ten resolutions by the UN General Assembly and UN Security Council on the question of East Timor since 1975.

2. To immediately withdraw ABRI personnels from East Timor, because the presence of ABRI in the region is a proof to the illegal occupation of East Timor and contradicts all Judicial instruments mentioned above.

3. To immediately open a serious dialogue on the political status of East Timor, and to accept tbe presence of Xanana Gusmao, the leader ofthe East Timorese resistance and other figures of the resistance movement in a new format of dialogue which is an improvement of the tripartite forum.

4. To immediately release all political prisoner and detainees, including Xanana Gusmao in the context of finding a solution to the question of East Timor. Xanana Gusmao has to be included in the dialogue between the Portuguese and Indonesian Ministers of Foreign Affairs, under the auspices of the UN Secretary General.

5. To revoke the Timor Gap agreement that has been signed been the Indonesian government and the Australian government. As a consequence, all operations in the Timor Gap has to be stopped immediately.

6. To stop divide et impera practices that have been conducted in East Timor for 23 years.

To the United Nations:

1. To immediately implement all UN resolutions of the question of East Timar.

2. To immediately reform the tripartite forum and to build a new forum of dialogue that provides space and participation of the representative oh the East Timorese resistance, Xanana Gusmao, and the 1996 Nobel Peace Prize laureates, Mgr Carlos Filipe Ximenes Belo, SDB and Jose Ramos Horta.

3. To urge the Indonesian to discuss the politicai substance of the question of East Timor in the new forum of dialogue.

4. To urge the Indonesian government to prepare the implementation of a referendum in order to know the real political aspirations of the East Timorese people.

5. To immdiately conduct investigation to all forms of human rights violations during the occupation of East Timor, and to open an office of the UN Human Rights Commission in East Timor and UN Special Representative for East Timor, to prepare the implementation of a referendum in East Timor.

To the International Community:

1. To immediately stop all military aid to the Indonesian govermnent, such as the IMET program of the United States.

2. To urge the Indonesian govemment to immediately implement all demands stated in this petition.

To the Pro-Democracy Community of Indonesia:

1. To immediately urge the Indonesian Government to implement all demands stated in this petition to enter a referendum process for self determination of the East Timorese people. A referendum is also a part of the "total reform" that is being fought now in Indonesia.

To the People of East Timor:

1. Unite our steps and spirits, and unite our ranks to enter a national reconciliation process in the transition period. A referendum is a step that will lead us to Independence.

Viva the Indonesian Reform! Viva The People of East Timor! Viva The People of Indonesia that Support Referendum for East Timor! Referendum for a Peaceful Victory!

Jakarta, 12 June 1998

East Timor National Youth Front (Fronpetil)

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