EAST TIMOR - 1997

Statement:

The situation in East Timor is a war of national liberation in exercise of the right to self-determination.

Background:

East Timor was a Portuguese colony for over 300 years. In 1975, as Portugal was preparing to grant independence to the territory, the Indonesian army mounted an invasion, annexed East Timor (in 1976), and has occupied the territory ever since. The U.N. has never recognized its sovereignty. Indonesia has waged a brutal counterinsurgency campaign of political imprisonment, arbitrary arrest, murder and rape against the resistance movement. In 1991 the U.N. Special Rapporteur on Torture visited Indonesia and East Timor and found torture commonplace. During the occupation, up to 200,000 Timorese (approximately one-third of the population) have died of disease, starvation or have been murdered.

Since the occupation, there have been several public massacres. Most recently, in November 1991, soldiers fired on a peaceful demonstration of approximately 2000 in the Santa Cruz cemetery of Dili. Up to 270 people may have died and another 200 have "disappeared." There is evidence that some of the wounded taken to a military hospital were deliberately killed. The United Nations Special Rapporteur on Extra-Judicial, Summary or Arbitrary Executions found reasons to believe that the killings were a planned military operation. Ten low-ranking members of the security forces were charged with disobeying orders and one with assault or cutting off of the ears of a demonstrator. Six senior officers were found guilty of misconduct. Although no officers were charged with serious assault or murder, thirteen civilians participating in the protest were sentenced to terms up to life imprisonment.

The government arrested the resistance's top leader, Jose (Xanana) Gusmao, in 1992, and its second in command, M 'Huno da Costa Gomes, in April, 1993. On May 21, 1993, in a highly criticized trial, Gusmao was sentenced to life imprisonment. In 1995 Carmel Budiardjo won the Right Livlihood prize for her work on East Timor.

Current Situation:

Carlos Felipe Ximenes Belo, East Timor's Archbishop and Jose Ramos Horta, an exiled Timorese leader, were awarded the 1996 Nobel Peace Prize "for their work towards a just and peaceful solution to the conflict..." .

In December 1996, there were several days of rioting against Indonesian rule coinciding with the return of Carlos Felipe Ximenes Belo to the island from the Nobel Prize ceremonies in Norway. It is estimated that tens of thousands of East Timorese took part in the protests.

The rebel movement, the National Council of Maubere Resistance, continues to recruit and fight. The Council includes the original Timorese guerrilla group, Fretilin, as well as other organizations.

U.N. sponsored talks between Indonesia and Portugal have failed to make any progress. Portugal recently postponed the ninth round of discussions with Ramos Horta's backing, who reportedly called them a farce. The U.N. still considers Portugal to be East Timor's administering power.

The government continues to settle Indonesians in East Timor -- presently said to now number approximately 100,000 out of a total Timorese population of 720,000. Settlers are frequently the focus of attacks based on the belief of locals that they receive better jobs and the bulk of money given by the government for development in the region.

U.N. Action:

S.C. Res. 389 (4/22/76). S.C. Res. 384 (12/22/75).

G.A. Res. 37/30 (11/23/82). G.A. Res. 1541 (XV) (12/15/60). G.A. Res. 1514 (XV) (12/14/60).

Comm'n Res. 1993/97. Comm'n Res. 1992/84. Comm'n Res. 1983/8.

Sub-Comm'n Document E/CN.4/1995/L.7 Sub-Comm'n Res. 1993/12. Sub-Comm'n Res. 1992/20. Sub-Comm'n Res. 1990/15. Sub-Comm'n Res. 1989/7. Sub-Comm'n Res. 1987/13. Sub-Comm'n Res. 1984/24. Sub-Comm'n Res. 1983/26. Sub-Comm'n Res. 1982/20.

Rpt. Sec.-Gen. (E/CN.4/1996/56). Rpt. Sec.-Gen. (E/CN.4/1995/72). Rpt. Sec.-Gen. (E/CN.4/1994/61). Rpt. Sec.-Gen. (E/CN.4/1993/49).

Report of the High Commissioner for Human Rights (E/CN.4/1996/112).

Reports of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1990/13; E/CN.4/1991/20; E/CN.4/1992/18; E/CN.4/1993/25;

E/CN.4/1995/36; E/CN.4/1996/38).

Reports of the Working Group on Arbitrary Detention (E/CN.4/1994/27;

E/CN.4/1995/31 & Add.2; E/CN.4/1996/40/Add.1).

Reports of the Special Rapporteur on Torture: (P. Kooijmans: E/CN.4/1990/17; E/CN.4/1991/17; E/CN.4/1992/17 & Add.1; E/CN.4/1993/26).

(Nigel S. Rodley: E/CN.4/1994/31; E/CN.4/1995/34; E/CN.4/1996/35 & Add.1).

Reports of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions:

(S. Amos Wako: E/CN.4/1990/22; E/CN.4/1991/36; E/CN.4/1992/30).

(Bacre Waly N'diaye: E/CN.4/1993/46; E/CN.4/1994/7; E/CN.4/1995/61 & Add.1; E/CN.4/1996/4).

Reports of the Special Rapporteur on the Elimination of Religious Intolerance (Angelo Vidal d'Almeida: E/CN.4/1991/56; E/CN.4/1992/52; E/CN.4/1993/62 & Corr.1).

(Abdelfattah Amor: E/CN.4/1995/91/Add.1).