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The Transitional Justice Peace Agreements Database.  
 
Database - Record for : Agreement Between the Republic of Indonesia and the Portuguese Republic on the Question of East Timor, providing for a constitutional framework for autonomy to be put to the people of East Timor in a referendum, and providing for its implementation if accepted, and if not accepted, severing of Indonesian links with East Timor, and restoration of its prior status.
Record 247

Country :

East Timor

Agreement Title/Name:
Agreement Between the Republic of Indonesia and the Portuguese Republic on the Question of East Timor, providing for a constitutional framework for autonomy to be put to the people of East Timor in a referendum, and providing for its implementation if accepted, and if not accepted, severing of Indonesian links with East Timor, and restoration of its prior status.
Year :
1999
Date Signed :

5 May 1999

Summary :

Parties agreed to request that a UN mission carry out a referendum on autonomy for the East Timorese. The Indonesian Government agreed to maintain peace and security to ensure the referendum was carried out fairly and peacefully and to take the necessary constitutional measures if the result of the referendum was positive. If the proposed framework for autonomy was not accepted by the people, the Indonesian Government undertook to take the constitutional steps necessary to terminate its links with East Timor and to make arrangements for the transfer of authority to the UN and for the transition to independence. An Annex outlined the constitutional framework for autonomy with regard to respective areas of competence; East Timorese identity, residence and immigration; powers and institutions of SARET (Special Autonomous Region of East Timor); promotion and protection of human rights; relationship between central Government and Government of the SARET; relations between SARET and other entities; role of UN; a Basic Law for SARET and transitional provisions. Agreement on the framework for deciding future constitutional status of East Timor; major UN role


Parties :
Govt of Indonesia, Govt of the Portugal
Third Parties :
Statehood/Identity :
Preamble notes indonesian position that the final settlement should include full recognition of Indonesian sovereignty over East Timor, and the Portuguese position that autonomy should be transitional, pending a final decision on self-determination by the people of East Timor, both parties agreeing that the Secretary General should consult the people of East Timor on autonomy,
Governance/Democratic Inst :
Annex: A Constitutional Framework for a Special Autonomy for East Timor. Chapter 1 Legislative Powers and Institutions of an autonomous administration; part 5 Relationship Between the Central Govt and the Govt of the SARET
Women :
Not Applicable
Amnesty :
Not Applicable
Past Mechanism :
Not Applicable
Prisoner Release :
Not Applicable
Victims :
Not Applicable
Criminal Justice Reform :
Not Applicable
National Human Rights Inst :
Not Applicable
Human Rights Framework :
Annex, Part 4 Promotion and Protection of Human Rights and Fundamental Freedoms, govt commits to promote, protect and respect rights set forth in UDHR and the 1993 Vienna Declaration, and the Decree of the People's Consultative Assembly No. XVII/MPR/1998 concerning Human Rights
Judicial Reform :
Not Applicable
Policing :
Not Applicable
Refugees/Land :
Not Applicable
Civil Society :
Purpose of agmt to provide for popular consultation on constitutional status of East Timor
Dev& Socio-Economic Rights :
Not Applicable
Enforcement Mechanism :
Articles 1 & 2 request to UN SG to carry out popular consultation and establish UN mission in East Timor; if autonomy proposal accepted (Article 5), or rejected (article 6), Indonesia to make necessary constitutional changes for East Timorese status; Portugal to request the UN GA to remove East Timor from list of Non Self-governing Territories if accepted, or transfer of authority to UN if rejected
International Community :
UN Involvement :
UN (Kofi Annan- witness and signatory); Preamble recalls General Assembly Resolutions 1514 (XV), 1541 (XV), 2625 (XXV) and the relevant resolutions and decisions adopted by the SC and the GA on the question of East Timor; and the agreement of the 5 August 1998 to undertake, under the auspices of the Secretary-General, negotiations on a special status for East Timor; refers to the draft constitutional framework for autonomy presented by the UN; final decision on self-determination to occur under UN auspices, with the Secretary General devising the method and procedure (Article 1); Article 2 request for UN mission; Annex, Part 7 UN responsibility to monitor and verify compliance with the agreement
Source :
USIP


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