I am happy to have the opportunity to address this House on the motion tabled by Senator Norris, Senator O'Toole, Senator Henry and Senator Lee. I am also grateful for the remarks made by the previous speakers.
This motion reflects the text of one tabled in the Portuguese Parliament. That motion was adopted unanimously by the Assembly of the Republic of Portugal on 16 November but there was little discussion of it by the Parliament, where all the Portuguese political parties are unanimous in their views on the issue of East Timor.
Paragraphs (1) and (3) of the motion repudiate the occupation of East Timor and reaffirm the inalienable right of the people of East Timor to self-determination. Indonesia invaded East Timor in December 1975 and sought to annex it in July 1976. The United Nations continues to view Portugal as the administering power of the territory and the UN Security Council and General Assembly have adopted resolutions condemning the Indonesian invasion and annexation. In 1982 the UN instituted talks between the Foreign Ministers of Portugal and Indonesia under the auspices of the UN Secretary General.
The motion takes up the situation of the East Timorese people and the abuse of human rights in paragraphs (1) and (2). Paragraph (4) particularly and firmly condemns the serious violations of human rights that have been perpetrated in East Timor. Let me say at the outset that I agree fully with the assessment of the sufferings experienced by the people of East Timor in the last 20 years since the Indonesian invasion of their territory.
Senators will be aware that it is estimated that some 200,000 people, out of the original East Timorese population of 650,000, have died as a result of that invasion and its aftermath. On 12 November 1991 the Indonesian armed forces reacted to a peaceful demonstration in Dili, the capital of East Timor, by firing live ammunition into the crowd and it has been estimated that between 200 and 300 people were killed as a result. In addition, some 200 people disappeared at that time and their fate is still unknown. In a statement issued a day after those shootings, Ireland and our EU partners expressed outrage and condemned the violent actions of the Indonesian armed forces.
Paragraph (5) of the motion urges the release of all Timorese political prisoners, especially that of Mr. Xanana Gusmao. The trial of Mr. Gusmao attracted widespread international attention and, when he was sentenced to life imprisonment in 1993, the Indonesian Government received many representations from around the world. I wrote to the Foreign Minister, Mr. Ali Alatas, at that time. The Indonesian Government responded to the international pressure by reducing Xanana Gusmao's sentence to 20 years but I take this opportunity to repeat that it is essential that he and other political prisoners be released.
I last addressed the Seanad on the situation in East Timor on 20 April 1994, an occasion when several Senators made substantial contributions to the debate. I propose now to deal with important developments since that debate and in particular the recent and very critical UN report on East Timor, the latest meeting between the Portuguese and Indonesian Foreign Ministers and the meeting of the UN Commission on Human Rights — CHR — in Geneva.
The Indonesian authorities agreed to invite to East Timor the CHR Special Rapporteur on extrajudicial, summary or arbitrary executions. The Special Rapporteur, Mr. Bacre Waly Ndiaye, visited East Timor in July 1994. His report on his visit to Indonesia and East Timor was made public in December and was presented to the current session of the UN Commission on Human Rights.
After careful consideration of the available evidence his conclusions on the Dili killings are: the killings could have been avoided by a proper crowd control operation in advance of the demonstration; the killings were done by regular members of the armed forces; the procession that took place in Dili on 12 November 1991 was a peaceful demonstration of political dissent by unarmed civilians and claims that the security forces had fired in self-defence are unsubstantiated; there are reasons to believe that the actions of the security forces were not a spontaneous reaction to a riotous mob, but a planned military operation to deal with a public expression of political discontent. He urges the Indonesian authorities to carry out thorough, prompt and impartial investigations of all suspected cases of extra-judicial, summary or arbitrary executions and enforced or involuntary disappearances. He calls on the Government of Indonesia to establish a civilian police force as a matter of urgency.
He is quite disparaging about the investigation into the Dili killings carried out by the National Commission of Inquiry. Its creation was an encouraging initiative but it was created by presidential decree, none of its members was totally independent of the Government and it was not trusted by the East Timorese. He concludes that a new commission of inquiry should be established, composed of individuals of recognised independence, impartiality and expertise and including, if necessary, experts internationally recognised for their objectivity and competence.
The rapporteur welcomes the establishment of the National Human Rights Commission, which was created by presidential decree in June 1993 as a very positive step towards improved respect for human rights. This commission has investigated the killing of six East Timorese on 12 January and has concluded that the Indonesian Army carried out intimidation and torture before killing six unarmed villagers. It has rejected the claim by the Indonesian Army that those killed were members and supporters of a separatist guerrilla group. This finding has compelled the Army into conducting a further investigation. The commission's report is grim but there is just one positive factor in it. It means that the officially established National Human Rights Commission is now prepared to identify and publicise an army atrocity in East Timor.
Mr. Ndiaye deserves our thanks for the worthwhile visit which he has carried out to East Timor. He has produced a report which is sharply critical of the situation and was submitted to the current session of the Commission for Human Rights. I welcome the report's emphasis that it is not too late to conduct a proper investigation into the Dili killings, to bring the perpetrators to justice, compensate those concerned and ensure that no further killings occur.
The visit by the Special Rapporteur followed Indonesia's commitment, at the fourth meeting between the Portuguese and Indonesian Foreign Ministers under the auspices of the Secretary General, to invite him to East Timor. The fifth meeting between the two Foreign Ministers under the auspices of the UN Secretary General took place on 9 January 1995, in Geneva.
The Portuguese Foreign Minister, Mr. Durao Barrosso, has reported to his ministerial colleagues in the European Union on that round of talks with the Indonesian Foreign Minister, Mr. Ali Alatas. Discussions at that meeting focused on the initiative of the UN Secretary General to invite Timorese, both those who accept and those who reject the Indonesian presence in East Timor, to take part in a dialogue meeting in April to explore ideas of a practical nature which might have a positive impact on the situation in East Timor.
Portugal considers that the fifth round of talks marks some progress. It recognises that the dialogue with Indonesia is very slow but its aim, in the short term, is to promote advances towards local autonomy and a better internal situation in the territory though the "all inclusive" intra-Timorese dialogue.
The sixth round of talks between the Foreign Ministers under the auspices of the Secretary General will be held on 19 May 1995, in New York. The Ministers have agreed to consider at those talks substantive issues identified by the Secretary General regarding possible avenues towards achieving a just, comprehensive and internationally acceptable solution to the question of East Timor.
It remains to be seen what substantive issues the Secretary General may be able to identify. There is no early solution in sight but I will point to one positive development. The rounds of talks between the two Foreign Ministers, which were launched under the auspices of the Secretary General in 1982, are now taking place with encouraging regularity. The fact that the fourth, fifth and sixth rounds of those talks will have taken place between May 1994 and May 1995 is encouraging.
This year's session of the CHR has been taking place in Geneva since the end of January and is continuing until the end of this week. The CHR has already completed its consideration of East Timor and on 1 March the chairman of the CHR delivered a consensus statement on the human rights situation in East Timor.
As Senators will be aware, the option at each session of the CHR is that a consensus statement will be agreed by all the participants, including Indonesia, or, alternatively, that a strongly critical motion will be tabled, which Indonesia would not wish to see adopted. Portugal conducted lengthy negotiations with Indonesia in order to secure agreement on a sufficiently strong chairman's statement. I am glad that was achieved but, if the negotiations had not proved satisfactory, Ireland would have strongly supported Portugal in seeking the tabling of a suitable draft resolution by the EU.
The chairman's statement has expressed deep concern over the continuing reports of violation of human rights and specifically the recent increase in tensions and the killing of six people on 12 January. The chairman records the Indonesian Government's undertaking to investigate those killings.
The statement welcomes Mr. Ndiaye's report on his visit to East Timor, expresses concern at the contents of the report and calls on the Indonesian Government to continue its investigation concerning those who are still missing since the events of November 1991.
The statement calls on the Indonesian Government to continue its policy of granting access to human rights and humanitarian organisations and international media. It is good to see that the Indonesian Government has reiterated that commitment. However, I have to say that the Indonesian authorities are continuing to decide on what terms they will permit access.
Indonesia's unwillingness to permit free access to East Timor for journalists has, regrettably, been demonstrated again in recent months. The distinguished Irish journalist, Mr. Hugh O'Shaughnessy, who writes for the Observer newspaper and contributes to The Irish Times and RTE travelled to Dili last year but was told there that he would not be allowed to act as a journalist without the written permission of the Indonesian authorities and he was compelled to leave East Timor. His case constitutes just one example of Indonesia's continuing restriction of international reporting on the situation in East Timor.
The chairman's statement records Indonesia's undertaking to invite the UN High Commissioner for Human Rights to visit East Timor this year and to report to the next session of the Commission on Human Rights. Indonesia has also undertaken to invite the Special Rapporteur on the Question of Torture and the Working Group on Arbitrary Detention to visit East Timor when it is necessary for them to do so in order to fulfil their duties. Indonesia's commitment to receive the High Commissioner for Human Rights and the relevant Special Rapporteur and working group is a positive outcome from this year's CHR. The visit of Mr. Ndiaye last year resulted in a detailed and severe report. Its publication and examination in context of this year's session of the CHR has certainly increased the pressure on the Indonesian authorities to address the situation in East Timor.
The East Timorese delegation to this year's session of the CHR has welcomed the chairman's statement and expressed the hope that the High Commissioner will visit East Timor with utmost urgency. The East Timorese multi-party delegation has expressed deep appreciation to Ireland for its firm stand within the EU and in the UN in support of the legitimate rights of the East Timorese people. It has also expressed gratitude to the Portuguese delegation for the manner in which it has articulated and advocated the views of the East Timorese. I am certain that the appreciation of the East Timor delegation extends not only to the Government but to all those in Ireland who seek to remedy the grave wrong inflicted on the people of East Timor.
In this context, I would mention that my Minister of State, Deputy Burton, recently met with Mr. Jose Ramos Horta, co-chairman of the National Council of the Timorese Resistance, in Geneva. The previous Minister of State, Deputy Tom Kitt, met with the Indonesian Foreign Minister in Karlsruhe at the EU-ASEAN ministerial meeting last September. We can, therefore, contribute to and welcome the international pressure which has been building up on Indonesia concerning its treatment of East Timor.
President Clinton availed of the APEC summit meeting, hosted by Indonesia in Djakarta in November 1994, to raise the issue with President Soeharto and to encourage him to give the people of East Timor more influence over their local affairs.
It is encouraging to see that the Australian Minister for Foreign Affairs, Mr. Gareth Evans, has taken up this theme in a speech which he delivered on 25 November 1994. He expressed disappointment that President Soeharto has not taken up the idea of granting a special status of limited autonomy to East Timor. Minister Evans emphasised the need for reconciliation, the reduction of Indonesian armed forces on the island and the recognition by the Indonesian authorities of the special cultural and religious situation of the East Timorese people. He met Minister Alatas on 21 February and put to him the case for greater political autonomy for the people of East Timor as well as urging Indonesia to reduce its military presence there. He is reported to have expressed also his concern at the deteriorating situation in the province.
Senators are aware that Australia is in a particular situation as regards East Timor. Unlike the international community as a whole, it has recognised Indonesia's annexation of that territory. That has led to international criticism of Australia's position and Ireland has taken up the issue with our Australian friends. The recent actions by Minister Evans are very encouraging and show the readiness of Australia to use its special influence with the Indonesian Government to seek a degree of autonomy for the people of East Timor.
Senators will be aware of the hearing before the International Court of Justice in The Hague in which Portugal is contesting the legality of the Timor Gap Treaty between Australia and Indonesia on exploitation of the oil resources under the Timor Sea. The international community awaits with interest the findings of the court.
The Portuguese Government, Parliament and people are committed to seeking a just, comprehensive and internationally acceptable solution to the East Timor problem. I follow with close attention the efforts undertaken by the Portuguese Government and the talks between the Indonesian and Portuguese Foreign Ministers under the auspices of the UN Secretary General. I ensure that Ireland clearly supports Portugal when it reports to and seeks the backing of our European Union partners. At this year's session of the Commission on Human Rights, the Irish delegation has worked closely with the Portuguese to ensure that international concern about the situation in East Timor is effectively maintained and strengthened.