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"Politically, the May 2002 Agreement
potentially jeopardises the
sovereignty of East Timor, as we will be losing territory in the Timor
Sea outside the zone of co-operation for the development of oil and gas
resources. ... [it] denies East Timor access to four
oil and gas fields (79.9% of Greater Sunrise, 100% of Corallina,
Laminaria and the Buffalo). ... [it] has not provided for a fair
participation of Timorese workforce. ... The construction of a more
costly gas
pipeline to Northern Territory instead of one to Timor is another
example of the irrational economic decision made to date." Independent
Centre for Information on the Timor Sea
This page last updated: 5 Aug
2004
CENTRU INFORMASAUN
INDEPENDENTE BA TASI
TIMOR
(CIITT)
Independent Centre for Information on the Timor Sea
Contacts:
Mr. Deometrio Amaral,
Spokesperson of CIITT
Mobile: + 670 723 2851
Mr.
Cecilio Caminha Freitas, Member of CIITT & Chairperson of East Timor
People's Action (ETPA)
Mobile: + 670 723 3062
E-mail: ratumean@hotmail.com
Source of statement: Mr.
Cecilio Caminha Freitas (Content validated 5/8/04)
Contents:
CIITT 2004 Statement
on Timor Gap Treaty
- CIITTdemands
Members of CIITT
2004 Statement on Timor Gap Treaty
The Democratic Republic of
Timor Leste (RDTL or East
Timor) is a new
nation with a defined land, air and sea territory. This territory is
enshrined in the Constitution as well as reflected in our law and
legislation. This legal framework has been developed based on
established international principles and conventions.
Most countries set their sea
boundaries and maritime law based on the
United Nations Convention on the Law of the Sea (UNCLOS). Under this
Convention the sea boundary of a nation extends to 200 nautical miles
from the coast. In the case of the Timor Sea, there is an overlapping
region between Australia and East Timor. Normally in this situation and
in accordance with UNCLOS principles, the sea boundary should be the
median line between the coasts of the two nations. However, Australia
has pulled out of the International Court of Justice (ICJ) claiming
that its Timor Sea boundary should be based on the flawed and outdated
continental shelf principle, which stretches its boundary into Timor's
territory.
The implication of Australia's stance
for East Timor is serious. The
oil fields of Bayu-Undan, Laminaria/Corallina and a large section of
the Greater Sunrise are by rights within the jurisdiction of East
Timor. As such, the natural resources within the territory of East
Timor should be explored and used for the development of East Timor and
with the aim to benefit the Timorese people. The rushed Agreement, that
was signed on the 20th May 2002 entered into with the Australian
Government to explore the oil and gas resources in the Timor Sea is
inconsistent with the Constitution and the maritime law of East Timor.
Additionally, they contradict with the principles of and the provision
of international convention such as the UNCLOS. The current Agreement
compromises the rights of Timorese people and our fledgling nation
state politically, legally and economically.
Politically, the May 2002 Agreement
potentially jeopardises the
sovereignty of East Timor, as we will be losing territory in the Timor
Sea outside the zone of co-operation for the development of oil and gas
resources. The treaty sets up a Joint Petroleum Development Area, the
JPDA that is much smaller in area than East Timor's entitled seabed
boundary.
Outside of this area, the territory
is under dispute. We maintained
that no exploration of oil and gas resources should take place until
the boundary issue is resolved.
Economically, the May 2002 Agreement
denies East Timor access to four
oil and gas fields (79.9% of Greater Sunrise, 100% of Corallina,
Laminaria and the Buffalo). Cummulatively, these fields are 3-4 times
more than the reserve at Bayu-Undan which is currently being developed
by Conoco Phillips. By Australia refusing to negotiate a meaningful and
equitable maritime boundary with East Timor, and by claiming more than
60% of Timor's resources as Australian, East Timor will be losing
millions of dollars in revenue each year. At this point in
time, East Timor is in dire need of income for the reconstruction and
development activities. If the annual estimated US$300 millions oil and
gas revenue from the Laminaria-Corallina fields enters into the coffer
of East Timor, it will significantly lift the prosperity of our society
and hence reduce our heavy dependence on foreign aid and donor
countries.
In addition, the May 2002 Agreement
has not provided for a fair
participation of Timorese workforce. Up until now, workers from other
countries like the Philippines, Korea, Australia and others have
dominated the workforce of the Timor Seas project. There have only been
fewer than 200 Timorese workers employed so far. If the UNCLOS is
adhered to, the above project will fall within the territory of East
Timor. This will facilitate the inclusion of a larger Timorese labour
force into the project thereby solving the chronic unemployment problem
in our country.
The May 2002 Agreement provides only
limited economic benefit from the
Bayu-Undan field for East Timor. The construction of a more costly gas
pipeline to Northern Territory instead of one to Timor is another
example of the irrational economic decision made to date. Despite the
higher construction costs, the pipeline will be channelled to
Australia, which is farther in distance if compared to a pipeline to
the shore of East Timor. Technically and economically, it is more
viable to construct the shorter pipeline.
Based on the above
context and thinking, CIITT hereby present our
demands as follows:
I. We call for
the Australian Liberal Party, who has a very important
role in managing the Federal Government and making a political decision
for its Timor Gap Treaty ratification so far, to assist East Timor
towards the fair legal process.
2. We call for the Australian
Labor Party, who has the biggest
opposition party and a majority of voters in State government, to
remind its National Government to resolve the Settlement of the Seabed
Boundary under the principles of International Court of Justice (ICJ).
3. We appeal to the Australian
People, and Australian Activist and
Australian Civil Society Organizations, who are supporting and fighting
with us for our independent nationhood. We wish to see again your
strong commitment and solidarity in the future.
4. We call on the Government of
Australia to abolish the 20 May 2002
agreement, as the agreement is inconsistent with international law. It
also goes against the basic principles from which Australia based its
development assistance program for an independent Timor Leste. Under
these principles, Australia wishes to assist Timor Leste to become a
truly independent nation in every aspect, including an economy that is
self-reliant and free from dependency on the international
community.
5. We call on the Government of
Australia not to issue any new oil and
gas exploration or production permit and licences in area of the Timor
Sea that are still under dispute between Australia and Timor Leste.
6. We appeal to the Government
and Parliament of Australia to settle
the boundary dispute between Australia and Timor Leste in accordance
with international law and principles. Otherwise, it clearly shows
Australia up as not having the political will to assist Timor Leste.
This is a clear violation of Timor Leste's rights under international
maritime law.
7. We request for the UN and
the international community to remind the
Government of Australia to resolve the boundary dispute. The UN
initiated the negotiation and made the agreement initially when Timor
Leste was still inexperienced and was limited in our capacity to
comprehend the situation.
8. We request Honorary elected
members of Parliament of Timor Leste not
to ratify the International Treaty on Unitisation because this Treaty
will disadvantage Timor Leste in all aspects - politically, legally and
economically.
9. We call on the Government
and Parliament of Timor Leste to act
consistently with and to uphold Timorese maritime law.
10. We appeal to the Government
of Timor Leste to manage and to utilise
all income from the oil and gas resources with transparency and
accountability for the advancement and progress of the people of Timor
Leste.
11. Ensure that a fair
proportion of the workforce involved in the
Timor Sea project are Timorese workers and that there will be a fair
transfer of technology to the Timorese workers.
12. We call on the Government
of Timor Leste to fight for the
construction of the pipeline to Timor Leste's territory; and finally,
13. We call on both the
Governments of Australia and Timor Leste to
hold in trust, in an escrow account, all revenue and income from oil
and gas exploration and production in disputed areas.
Info on members of:
Centro
Informasaun Independente ba Tasi Timor (CIITT)
(Independent Center for Timor Sea Information):
This section has been
added by Back Door as a service to readers.
(Please notify of any new or updated info or to make corrections: wildwood@pcug.org.au
)
updated: Aug 5 2004
HAK Association (Association
for
Law, Rights and Justice) [Perkumpulan/Perhimpunan
HAK]
* About: http://www.yayasanhak.minihub.org/about_us.html
* More about: http://www.pcug.org.au/~wildwood/linksindig.htm#yhakb
Haburas Foundation (Green
environmental organization)
* Info: http://www.etan.org/news/2004/04goldman.htm
FOKUPERS
Forum
Komunikasi
Untuk Perempuan Loro Sae
(the
East
Timorese
Women’s Communication Forum)
* About: http://www.pcug.org.au/~wildwood/linksindig.htm#fokupersb
La’o
Hamutuk "walking together"
(The East Timor
Institute for Reconstruction Monitoring and Analysis)
* Home: http://www.etan.org/lh
* Timor Oil Bulletins:
--- March 2004
East Timor Government's Budget Deficit: http://www.etan.org/lh/bulletins/bulletinv5n2b.html
--- March 2004 Avoiding the Resource Course: http://www.etan.org/lh/misc/04curse.htm
--- August 2003 Timor Sea Oil & Gas update: http://www.etan.org/lh/bulletins/bulletinv4n34.html
--- December 2002 Timor Oil Chronology: http://www.etan.org/lh/bulletins/bulletinv3n8b.html
--- August 2002 Petroleum Conference in Darwin: http://www.etan.org/lh/bulletins/bulletinv3n6a.html#Report
--- July 2002: Timor Oil, Solidarity: http://www.etan.org/lh/bulletins/bulletinv3n5.html
* Email: laohamutuk@easttimor.minihub.org
* About: http://www.pcug.org.au/~wildwood/linkswatch.htm#lht
East
Timor Study Group (ETSG)
* Home: http://www.tids-et.org/
GMPD
Pro-Democracy Students’ Movement
CEGETIL
Kadalak
Sulimutuk Institute (KSI) "Streams Flowing Together
Institute"
* About: http://www.pcug.org.au/~wildwood/linksindig.htm#kadalak
Timor-Leste
Labor Union Confederation (KSTL)
Labor
Advocacy Institute for Timor-Leste (LAIFET)
East Timor
National NGO
Forum Advocacy division [Forum Nacional ONG
Timor Lorosa'e (FONGTIL)]
* Home: http://www.geocities.com/etngoforum/index.html
* About: http://www.pcug.org.au/~wildwood/linksindig.htm#etngo
Individuals
concerned with the issue
CIITT is an active
participant in the:
Movimento
Kontra Okupasun Tasi Timor (MKOTT) / Movement
Against the Occupation of the Timor Sea
(Please notify of any new or updated
info or to make corrections: wildwood@pcug.org.au
)
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