Øst-Timor og Vollebæk

Knut Rognes (knrognes@online.no)
Mon, 06 Sep 1999 19:15:40 +0200

KK-Forum,

Vollebæk uttalte i morges på NRK P1 at "internasjonalt nærvær i Øst-Timor
forutsetter samarbeid med Indonesia". Så forsiktig var han ikke i
Jugoslavia / Kosovo. Her er hva Scott Burchill, Lecturer in International
Relations, School of Australian and International Studies, Deakin
University, Burwood Victoria 3125, AUSTRALIA, mener om vestmaktenes
moralske ansvar:

" ... The moral responsibility for the atrocities being committed in East
Timor
must be shared by those states which are waiting for Jakarta's permission
before sending in an armed peacekeeping force. Unlike in the cases of Kosovo
or Iraq when the international community didn't hesitate to breach national
sovereignty, there is no legal basis for Indonesia's sovereign claim on East
Timor. East Timor is a non-self-governing territory of the United Nations
General Assembly (UN Charter, Chapter XI) and Portugal is the administering
authority. Only Australia explicitly recognizes the legitimacy Jakarta's
annexation of East Timor: the United Nations does not.

According to Article 6 of the Tripartite Agreement, following the vote for
independence, "the Government of Indonesia shall take the constitutional
steps necessary to terminate its links with East Timor thus restoring under
Indonesian law the status East Timor held prior to 17 July 1976, and the
Governments of Indonesia and Portugal and the Secretary-General shall agree
on arrangements for a peaceful and orderly transfer of authority in East
Timor to the United Nations. The Secretary-General shall, subject to the
appropriate legislative mandate, initiate the procedure enabling East Timor
to begin a process of transition towards independence".

Three points can be drawn from this.

First, Indonesia does not have the discretion to ignore the result of the
ballot. If the Timorese opt for independence, Indonesia must sever all links
and claims it has over the territory.

Secondly, the implementation of the ballot is not contingent upon
Indonesia's domestic constitutional and legal processes. Whether or not
President Habibie recommends a separation to the People's Consultative
Assembly (MPR) when it convenes in October and whether or not the MPR
ratifies the ballot is of little consequence as far as the UN is concerned.

Thirdly, under this scenario East Timor becomes, even in Indonesia's eyes, a
non-self-governing territory of the UN General Assembly. Under Chapter XI of
the UN Charter, this places an obligation upon Portugal (not Indonesia) as
the current administrator of the territory to promote and develop the
process towards self-government: to help prepare the path towards
independence."

Se hele den glimrende artikkelen fra i dag 6. sept. 1999 på

http://www.zmag.org/timorburchill.htm

Knut Rognes