Agreement Regarding the Modalities for the Popular Consultation of the East Timorese Through a Direct Ballot

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Country/entity
East Timor
Region
Asia and Pacific
Agreement name
Agreement Regarding the Modalities for the Popular Consultation of the East Timorese Through a Direct Ballot
Date
5 May 1999
Agreement status
Multiparty signed/agreed
Interim arrangement
Yes
Agreement/conflict level
Intrastate/intrastate conflict ( East Timor Conflict (1975 - 1999) )
Stage
Framework/substantive - partial
Conflict nature
Government/territory
Peace process
East Timor-Indonesia peace process
Parties
Government of Indonesia, Ali Alatas, Minister of Foreign Affairs (signed)
Government of the Portugal, Jaime Gama, Minister of Foreign Affairs (signed)
United Nations, Kofi A. Annan, Secretary-General (signed)
Third parties
-
Description
Outlined practical arrangements for ballot to be held on 8 August 1999 with voters being asked to either accept or reject the proposed special autonomy for East Timor within the Unitary State of the Republic of Indonesia. Agrees date, question, modalities and schedule of consulting the East Timorese on the future constitutional status of East Timor

Agreement document
TL_990505_Annex II-Agreement Regarding the Modalities for the Popular Consultation.pdf | Download PDF

Groups

Children/youth
No specific mention.
Disabled persons
No specific mention.
Elderly/age
Groups→Elderly/age→Substantive
Page 1, C. Entitlement to vote
The following persons, aged 17 years or above, shall be eligible to vote in the popular consultation:
(a) persons born in East Timor,
(b) persons born outside East Timor but with at least one parent having been born in East Timor, and
(c) persons whose spouses fall under either of the two categories above.
Migrant workers
No specific mention.
Racial/ethnic/national group
No specific mention.
Religious groups
No specific mention.
Indigenous people
No specific mention.
Other groups
No specific mention.
Refugees/displaced persons
No specific mention.
Social class
No specific mention.

Gender

Women, girls and gender
No specific mention.
Men and boys
No specific mention.
LGBTI
No specific mention.
Family
No specific mention.

State definition

Nature of state (general)
No specific mention.
State configuration
No specific mention.
Self determination
No specific mention.
Referendum
Page 1, Untitled Preamble, The Governments of Indonesia and Portugal and the Secretary-General of the United Nations.
Agree as follows:
Immediately following the conclusion of the agreement between the two Governments requesting the Secretary-General to consult the East Timorese people on whether they would accept or reject the proposed constitutional framework for autonomy, the Secretary-General will, subject to the appropriate legislative mandate, begin preparations for the popular consultation by deploying in East Timor such personnel as will be adequate for the purpose of executing the various phases of the consultation process. Preparations for the vote outside East Timor will also begin at locations of major East Timorese concentration outside East Timor.

Page 1, A. Date for consultation:
The ballot will take place on Sunday, 8 August 1999, both inside and outside East Timor.

Page 1, B. Question to be put before the voters
[Summary] Section includes the questions put to voters.

Page 2, D. Schedule of the consultation process fin overlapping time periods)
[Summary] Contains schedule for the referendum.

Page 2, E. Operational Phases
a) Information Campaign
The United Nations will make available the text of the main Agreement and the autonomy document to be voted on in the following languages: Tetun, Bahasa Indonesia, Portuguese and English.
The United Nations will disseminate and explain the content of the main Agreement and the autonomy document in an impartial and factual manner inside and outside East Timor.
The United Nations will explain to voters the process and procedure of the vote, and the implications of an 'accept' or 'reject' vote.
The radio stations and the newspapers in East Timor as well as other Indonesian and Portuguese media outlets will be utilized in the dissemination of this information. Other appropriate means of dissemination will be made use of as required.

Page 3, E. Operational Phases
... b) Registration
[Summary] Provides modalities for voter registration.

Page 3, E. Operational Phases
... c) Campaign
Supporters and opponents of the autonomy proposal will campaign ahead of the vote in a peaceful and democratic manner during the period designated for this purpose.
There will be a Code of Conduct for the campaign, to be proposed by the United Nations and discussed with the supporters and opponents of the autonomy proposal.
The United Nations will devise the means to provide equal opportunity for the two sides to disseminate their views to the public.
Officials of the Governments of Indonesia and Portugal will not participate in the campaign in support of either option.
East Timorese government officials may campaign in their personal capacity. All such campaigning will be carried out strictly according to the Code of Conduct without use of public funds and government resources or recourse to pressure of office.

Page 4, E. Operational Phases
... d) Balloting in East Timor
[Summary] There will be about 700 polling stations in 200 centres.

Page 4, E. Operational Phases
... e) Balloting outside East Timor
Voting will take place in polling stations set up in the same locations as the registration centres mentioned above.

Page 4, E. Operational Phases
... f) Observers
Indonesia and Portugal shall be entitled to send an equal number of representatives to observe all the operational phases of the consultation process both inside and outside East Timor.
International observers will be able to observe the consultation process under terms to be developed by the United Nations to regulate their presence.
State symbols
No specific mention.
Independence/secession
No specific mention.
Accession/unification
No specific mention.
Border delimitation
No specific mention.
Cross-border provision
No specific mention.

Governance

Political institutions (new or reformed)
No specific mention.
Elections
Page 1, C. Entitlement to vote
The following persons, aged 17 years or above, shall be eligible to vote in the popular consultation:
Electoral commission
Page 3:
The registration lists will be exhibited for five days at the end of the registration period at the respective registration centres, regional offices and at Dili headquarters. Challenges to the lists shall be submitted to the regional offices for a final decision by the electoral commission prior to polling day.
Political parties reform
No specific mention.
Civil society
No specific mention.
Traditional/religious leaders
No specific mention.
Public administration
No specific mention.
Constitution
No specific mention.

Power sharing

Political power sharing
No specific mention.
Territorial power sharing
No specific mention.
Economic power sharing
No specific mention.
Military power sharing
No specific mention.

Human rights and equality

Human rights/RoL general
No specific mention.
Bill of rights/similar
No specific mention.
Treaty incorporation
No specific mention.
Civil and political rights
No specific mention.
Socio-economic rights
No specific mention.

Rights related issues

Citizenship
No specific mention.
Democracy
Page 3, E. Operational Phases
... c) Campaign
Supporters and opponents of the autonomy proposal will campaign ahead of the vote in a peaceful and democratic manner during the period designated for this purpose.
Detention procedures
No specific mention.
Media and communication
Rights related issues→Media and communication→Media roles
Page 3, E. Operational Phases
a) Information Campaign
... The radio stations and the newspapers in East Timor as well as other Indonesian and Portuguese media outlets will be utilized in the dissemination of this information. Other appropriate means of dissemination will be made use of as required.

Page 3, E. Operational Phases
... c) Campaign
... - The United Nations will devise the means to provide equal opportunity for the two sides to disseminate their views to the public.
Mobility/access
No specific mention.
Protection measures
No specific mention.
Other
No specific mention.

Rights institutions

NHRI
No specific mention.
Regional or international human rights institutions
No specific mention.

Justice sector reform

Criminal justice and emergency law
No specific mention.
State of emergency provisions
No specific mention.
Judiciary and courts
No specific mention.
Prisons and detention
No specific mention.
Traditional Laws
No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction
No specific mention.
National economic plan
No specific mention.
Natural resources
No specific mention.
International funds
Page 4, F. Funding
The Secretary-General will seek the approval of the Security Council for the operation in order to ensure assessed budgetary funding. Voluntary contributions will be channeled through a Trust Fund established for this purpose.
Business
No specific mention.
Taxation
No specific mention.
Banks
No specific mention.

Land, property and environment

Land reform/rights
No specific mention.
Pastoralist/nomadism rights
No specific mention.
Cultural heritage
No specific mention.
Environment
No specific mention.
Water or riparian rights or access
No specific mention.

Security sector

Security Guarantees
Page 4-5, G. Security
The Indonesian authorities will ensure a secure environment for a free and fair popular consultation process and will be responsible for the security of United Nations personnel. A number of United Nations security guards will be deployed to ensure the security and safety of United Nations personnel and property. ...
Ceasefire
No specific mention.
Police
Page 4-5, G. Security
... A number of international civilian police will be available in East Timor to advise the Indonesian Police during the operational phases of the popular consultation and, at the time of the consultation, to supervise the escort of ballot papers and boxes to and from polling sites.
Armed forces
No specific mention.
DDR
No specific mention.
Intelligence services
No specific mention.
Parastatal/rebel and opposition group forces
No specific mention.
Withdrawal of foreign forces
No specific mention.
Corruption
No specific mention.
Crime/organised crime
No specific mention.
Drugs
No specific mention.
Terrorism
No specific mention.

Transitional justice

Transitional justice general
No specific mention.
Amnesty/pardon
No specific mention.
Courts
No specific mention.
Mechanism
No specific mention.
Prisoner release
No specific mention.
Vetting
No specific mention.
Victims
No specific mention.
Missing persons
No specific mention.
Reparations
No specific mention.
Reconciliation
No specific mention.

Implementation

UN signatory
The United Nations is party to the agreement.
Other international signatory
No specific mention.
Referendum for agreement
No specific mention.
International mission/force/similar
No specific mention.
Enforcement mechanism
[Summary] UN to carry out the information campaign, electoral registration, and consultation, E.f. Portugal and Indonesia to send observers, G. Indonesian govt responsible for security (with a small number of UN security guards)

Page 4, E) Operational Phases
f) Observers
Indonesia and Portugal shall be entitled to send an equal number of representatives to observe all the operational phases of the consultation process both inside and outside East Timor.
International observers will be able to observe the consultation process under terms to be developed by the United Nations to regulate their presence.
Related cases
No specific mention.
Source
UN Peacemaker; http://peacemaker.un.org/sites/peacemaker.un.org/files/ID%20TL_990505_AgreementOnEastTimor.pdf

Annex II:

Agreement regarding the modalities for the popular consultation of the East Timorese through a direct ballot

The Governments of Indonesia and Portugal and the Secretary-General of the United Nations.

Agree as follows:

Immediately following the conclusion of the agreement between the two Governments requesting the Secretary-General to consult the East Timorese people on whether they would accept or reject the proposed constitutional framework for autonomy, the Secretary-General will, subject to the appropriate legislative mandate, begin preparations for the popular consultation by deploying in East Timor such personnel as will be adequate for the purpose of executing the various phases of the consultation process.

Preparations for the vote outside East Timor will also begin at locations of major East Timorese concentration outside East Timor.

A. Pate for consultation

The ballot will take place on Sunday, 8 August 1999, both inside and outside East Timor.

B. Question to be put before the voters

The question that the Secretary-General will put to the voters is:

"Do vou accept the proposed special autonomyfor East Timor

within the Unitary State ofthe Republic ofIndonesia?

"Do you reject the proposed special autonomyfor East Timor, leading to East Timor's separationfrom Indonesia?"

A C C E P T D

R E J E C T D

The United Nations logo will appear on the ballot papers.

The ballot papers will include symbols to facilitate voting by illiterate persons.

C. Entitlement to vote

The following persons, aged 17 years or above, shall be eligible to vote in the popular consultation:

/...

(a) (b)

persons born in East Timor,

persons born outside East Timor but with at least one parent having been born in East Timor, and

A/53/951 S/1999/513 English Page 25

(c )

D. Schedule of the consultation process fin overlapping time periods)

The schedule for the operational stages of the consultation process will be approximately as follows:

persons whose spouses fall under either of the two categories above.

Operational planning/Deployment Public information programme/

Voter education Preparation and Registration Exhibition of lists and challenges/

Decisions on challenges and complaints Political Campaign

Cooling off period Polling Day

* Subject to revision

E. Operational Phases

a) Information Campaign

10 May-15 June 10 May - 5 August

13 June -17 July 18 July - 23 July

20 July - 5 August* 6 August-7 August 8 August

The United Nations will make available the text of the main Agreement and the autonomy document to be voted on in the following languages:

Tetun, Bahasa Indonesia, Portuguese and English.

The United Nations will disseminate and explain the content of the main Agreement and the autonomy document in an impartial and factual manner inside and outside East Timor.

The United Nations will explain to voters the process and procedure of the vote, and the implications of an 'accept' or 'reject' vote.

/...

A/53/951 S/1999/513 English Page 26

The radio stations and the newspapers in East Timor as well as other Indonesian and Portuguese media outlets will be utilized in the dissemination of this information.

Other appropriate means of dissemination will be made use of as required.

Registration

Registration inside and outside East Timor will take place for a continuous period of 20 days.

Two hundred registration centres will be opened in East Timor for this purpose.

Outside East Timor, special registration centres will be opened in Jakarta, Yogyakarta, Surabaya, Denpasar, Ujung Pandang, Sydney, Darwin, Perth, Melbourne, Lisbon, Maputo, Macau, New York with adjustments to be made as appropriate.

The United Nations may utilize the services of the Australian Electoral Commission for the balloting in Australia and of the International Organization for Migration (IOM) in Portugal and elsewhere.

The registration lists will be exhibited for five days at the end of the registration period at the respective registration centres, regional offices and at Dili headquarters.

Challenges to the lists shall be submitted to the regional offices for a final decision by the Electoral Commission prior to polling day.

Campaign

Supporters and opponents of the autonomy proposal will campaign ahead of the vote in a peaceful and democratic manner during the period designated for this purpose.

There will be a Code of Conduct for the campaign, to be proposed by the United Nations and discussed with the supporters and opponents of the autonomy proposal.

The United Nations will devise the means to provide equal opportunity for the two sides to disseminate their views to the public.

Officials of the Governments of Indonesia and Portugal will not participate in the campaign in support of either option.

East Timorese government officials may campaign in their personal

F .

A/53/951 S/1999/513 English Page 27

capacity.

All such campaigning will be carried out strictly according to the Code of Conduct without use of public funds and government resources or recourse to pressure of office.

d) Balloting in East Timor

Voting in East Timor will take place in approximately 700 registration/polling stations located in 200 polling centres.

e) Balloting outside East Timor

Voting will take place in polling stations set up in the same locations as the registration centres mentioned above.

f) Observers

Indonesia and Portugal shall be entitled to send an equal number of representatives to observe all the operational phases of the consultation process both inside and outside East Timor.

International observers will be able to observe the consultation process under terms to be developed by the United Nations to regulate their presence.

Funding

The Secretary-General will seek the approval of the Security Council for the operation in order to ensure assessed budgetary funding.

Voluntary contributions will be channeled through a Trust Fund established for this purpose.

G. Security

The Indonesian authorities will ensure a secure environment for a free and fair popular consultation process and will be responsible for the security of United Nations

A/53/951 S/1999/513 English Page 28

personnel.

A number of United Nations security guards will be deployed to ensure the security and safety of United Nations personnel and property.

A number of international civilian police will be available in East Timor to advise the Indonesian Police during the operational phases of the popular consultation and, at the time of the consultation, to supervise the escort of ballot papers and boxes to and from polling sites.

DONE in New York on this 5th day of May, 1999.

For the Government of Indonesia

Ali Alatas

Minister for Foreign Affairs

For the United Nations

Kofi A. Annan Secretary-General

For the Government of Portugal

Jaime Gama

Minister for Foreign Affairs