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"The pending deal cheats
Timor-Leste's sovereignty and revenue, ... Timor-Leste's independence
will not be
fully realized until its boundaries, both land and sea, are defined and
accepted by its neighbors. ... According to international law, Greater
Sunrise belongs to
Timor-Leste. It is the height of hypocrisy for the Australian
government to claim it is somehow being generous while bullying
Timor-Leste to give up what is rightfully theirs," Karen Orenstein,
Washington Coordinator of ETAN
This page last
updated 25 May 2005
ETAN (East Timor and Indonesia Action
Network U.S.)
Reported Australia/Timor-Leste Oil Deal "Cheats" East
Timorese
http://www.etan.org/news/2005/05cheat.htm
For Immediate Release
Contact: John M. Miller, 718-596-7668; 917-690-4391 fbp@igc.org
Charles Scheiner, 914-831-1098,
914-473-3185
Reported Australia/Timor-Leste Oil Deal "Cheats" East Timorese, Says
ETAN
May 17 -- The East Timor and Indonesia Action Network (ETAN) today said
that the reported agreement between Australia and Timor-Leste on the
division of resources in the Timor Sea "cheats" the new nation. It
urged the two governments to transparently conduct negotiations based
on fundamental international legal principles. ETAN also condemned
Australia's continued pressure through media leaks and other means to
force Timor-Leste to concede its oil and gas rights by making a rapid
agreement on the Timor Sea.
"The pending deal cheats Timor-Leste's sovereignty and revenue," said
Karen Orenstein, Washington Coordinator of ETAN. "Timor-Leste's
independence will not be fully realized until its boundaries, both land
and sea, are defined and accepted by its neighbors."
The Timor-Leste government has not yet
approved the proposal, and the details of any agreement have yet to
be released. After last week's negotiations, Australian media reported
that Timor-Leste will receive some revenues from the disputed Greater
Sunrise gas field in return for deferring resolution of the maritime
boundary for generations.
"According to international law, Greater Sunrise belongs to
Timor-Leste. It is the height of hypocrisy for the Australian
government to claim it is somehow being generous while bullying
Timor-Leste to give up what is rightfully theirs," added Orenstein.
"Why the rush to complete a deal?" asked Charles Scheiner, spokesperson
for ETAN. "Timor-Leste will receive sufficient revenues from other oil
projects for the next 15 years. Furthermore, the value of Sunrise
natural gas will increase over time, and the companies involved have
made a priority of other projects." [See: The Case for Saving Sunrise http://www.etan.org/lh/misc/04sunrise.html ]
"After the negotiators reach a provisional agreement, both governments
should involve their people in a thorough discussion of its merits
before it is ratified," added Scheiner.
Late last month, East Timorese NGOs urged
their government not to "rush in obtaining an agreement for the
exploration of Greater Sunrise; it is more important that you determine
[boundaries] based on international law..." They also asked "the
Australian government to return to international dispute resolution
processes for maritime boundaries" and to "cease exploration" and
granting new licenses in disputed areas.
Background
Substantial oil and natural gas deposits lie under the Timor Sea
between Australia and East Timor. How much each country will receive of
the tens of billions of dollars of revenue is contingent on a permanent
boundary or other agreement.
Last week, Australian foreign minister Alexander Downer announced that
the latest round of talks with Timor-Leste had resulted in an agreement
that would allow development to go forward on the disputed Greater
Sunrise petroleum field. However, Timor-Leste's Prime Minister Mari
Alkatiri vehemently denied the report,
calling it "an absolute lie."
Australian media reported that Australia will pay Timor-Leste around
$3.8 billion over the next 30 to 40 years; negotiations over the
maritime boundary would be delayed for 60 years. Experts project
government revenue from the Sunrise oil and gas at around $39 billion.
Under a prior arrangement, Timor-Leste would receive only 18% of
this. The rumored agreement this week would increase the
Timor-Leste share to around 27%.
Since East Timor's independence referendum in 1999, the Australian
government has taken in approximately $1.2 billion in revenue from oil
fields much closer to East Timor than to Australia. Under current
international legal principles, these fields should belong to East
Timor. Australia claims the bulk of the revenues from the largest known
field, Greater Sunrise, on the basis of prior occupation stemming from
illegal agreements with Indonesia, the former occupier of East Timor.
Development of Greater Sunrise has not yet started, and production and
revenues won't begin flowing for at least a decade after an agreement
is reached on ownership.
In October 2002, Timor-Leste enacted a Maritime Boundary Law, asserting
its claim of a 200 nautical mile Exclusive Economic Zone in all
directions, based on the 1982 United Nations Convention on the Law of
the Sea. Where neighboring claims overlap, as is the case with
Timor-Leste and Australia, countries must agree on a boundary, usually
halfway between their coastlines. The Australian government
preemptively withdrew from maritime boundary jurisdiction of the
International Court of Justice and the International Tribunal on the
Law of the Sea two months before Timor-Leste's independence, leaving
the new republic with no legal recourse if negotiations are protracted
or unsuccessful, as they have been thus far.
In March, 17 senior members of both houses of the U.S. Congress wrote
Australian Prime Minister John Howard to urge "Australia to move
quickly and seriously to establish a fair, permanent maritime boundary
with Timor-Leste, based on the rule of law..." They wrote that an
"equitable sharing of revenue is not a question of charity; rather it
is a matter of self-determination, sovereignty and Timor-Leste's
future."
Last year, the Senate Appropriations Committee stated that it "again
encourage[d] all parties to negotiate in good faith in accordance with
international legal principles."
In Australia, the Timor Sea Justice Campaign
said this week, "You can't get a fair outcome from an unfair
process," accusing the Australian Government of "trying to force East
Timor into another shabby deal that [falls] well short of East Timor's
legal entitlements..."
ETAN has supported human dignity for the people of East Timor since
1991. ETAN advocates for human rights (including national and women's
rights), democracy, sustainable development, and social, legal and
economic justice.
For more information see http://www.etan.org/issues/tsea.htm
ETAN (East Timor and Indonesia Action
Network U.S.) - 12 Years for
Self-Determination & Justice:
* Home: http://www.etan.org
* Fax Australia, tell it to stop
stealing East Timor's resources and future: http://www.etan.org/action/fax/faxaus.htm
* Timor Sea, Boundaries and Oil: http://www.etan.org/issues/tsea.htm
* The ETAN site contains a huge
quantity of info on Timor's oil. Simply use the ETAN site's search
engine to find it.
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