Tuesday, April 8, 2014

CURIOUS “ CONFIDENTIAL MEMO ” IN TIMOR BOUNDARY STRUGGLE WITH AUSTRALIA


The  Timor  Sea  Justice  Campaign    ( TSJC)  on March 31  ran  an anonymous  confidential memo which  it  said  suggests more  bullying  behaviour  by  Australia over  the contested  maritime  boundary  between the  two countries . TSJC  spokesperson, Tom  Clarke, Director of Communications  at Human  Rights Law Centre,   said  nobody could  vouch  for  the  memo’s authenticity .However  ,  a decision had  been made  to post a copy online as, if genuine,  details of its contents  would  be in  the  public interest .
The  comments attributed to the  Australian  official , he continued,  fit  the pattern of  bullying behaviour  that  he has  come  to expect from the Australian Government  in   the dispute over Timor’s oil and gas resources.

Saying   the  dispute “cannot and will not be quarantined” is a not-so-thinly-veiled threat. If  this memo is authentic, I think fair-minded Australians would be  disgusted by our Government’s bullying behaviour,” said  Clarke.
In 2002, two month’s before East Timor became independent, Australia withdrew its recognition of the maritime boundary jurisdiction of the International Court of Justice and the International Tribunal on the Law of the Sea. As  this  left  East Timor with no legal avenue in  which  to challenge Australia’s refusal to establish permanent maritime boundaries, Australia was able to jostle the tiny new nation into a series of temporary deals that all short-change East Timor.

Clarke said Australia’s behaviour throughout the dispute has been like that of a schoolyard bully. “Australia has snubbed international law and short-changed East Timor out of billions of dollars, it stands accused of spying on our tiny neighbour for economic gain. Yet our Government seemingly wants to throw a hissy fit because East Timor has the audacity to simply ask for what it is legally entitled to.”

In 2005, a number of Timorese NGOs had  their funding cut from AusAid after they had endorsed an open letter criticising the Australian  Government’s  refusal to establish permanent and equitable maritime boundaries with East Timor in accordance with international law.


"Australia needs to stop trying to throw its weight around and instead focus on doing the right thing. To move  forward, our Prime Minister, Tony  Abbott, should enter fresh negotiations with Timor to establish permanent  boundaries  with  East Timor  half  way between the  coastlines,”  Clarke added.

CONFIDENTIAL MEMORANDUM

From : (Blanked  out).
To  :  His  Excellency, Prime Minister ( Xanana Gusmao ).
Cc  :  Minister for  Natural  Resources,   Minister for the Council of  Ministers, Minister for Finance.
6 March 2014 

Confidential  briefing  note  on  meeting  between (blanked out ) and Australian  Ambassador   to  Timor-Leste  Peter  Doyle.

 
I  met  with the new Australian Ambassador, Peter  Doyle yesterday, 5 March 2014. I assumed it would be a quick courtesy meeting  but  the Ambassador used  it  as an opportunity to 'send' a message to the Timor-Leste Government through me.
We met at a café near the Australian Embassy. I  was  accompanied  by  (blanked out ).The  Ambassador was unaccompanied. 

The Ambassador made the following comments that I have no doubt he assumed l would  communicate to you:

. He said the Timorese leadership is naïve to think the CMATS arbitration and maritime boundary issue will not affect the bi-lateral relationship. He said the issue cannot, and will  not, be quarantined. He repeated this point a number of times, to emphasise his message that Australia is unhappy about the public nature of the dispute and that it will affect the bi-lateral relationship.
 

. The Ambassador said the Australian Attorney-General, George Brandis made comments  to the media about the illegality of the actions of some of the parties. He pointedly  suggested we should read the transcript of the Attorney General's comments. (The transcript of the Attorney-General's interview on Skynews is attached. I have highlighted the most interesting comments.)
 

. The Ambassador claimed Timor-Leste is going to run out of money as the budget is unsustainable and shale gas will drive down the price of natural gas.
 

. The Ambassador claimed the Timorese people he talks to don't understand  the current dispute. He said they think they will get a decision that will deliver a "win" for Timor-Leste when in his view this  is not  the  case.  In   turn I gave the Ambassador the following messages:

 . Timor-Leste  is  in  no hurry - the value of the resource will hold over time. lnternational law is on Timor-Leste's side. 

. The ASIS and ASIO raids are hard to understand - they breached Timor-Leste's internationally recognised rights to confidential legal advice and  they benefitted Timor- Leste  by  making the spying allegations public. 

. The  ICJ  (International Court of  Justice ) case was  a big win for Timor-Leste

. Timor-Leste is very  close to lndonesia and has many other  friends  in  the region.

. Australia is isolating itself in the region.


ADDITIONAL   ITEMS  OF  INTEREST

PM  Xanana Gusmao  recently  went to  Perth  to take part in a   function to raise funds for   the Special  Air  Services  Regiment  and to speak  about  the investment  opportunities in Timor -Leste   . A 26 member  delegation  of  Timorese veterans , the first visit of its kind, will  be  deployed to Perth, Melbourne, Sydney and Canberra  on  Anzac   Day  to walk in solidarity  with  their Australian  counterparts. Many Timorese  were killed by Japanese  during  WW11  for helping  Australian troops trapped on the island .