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)
Following the Portugal’s decolonization of East Timor in 1975, the state briefly declared independence before it was occupied by Indonesia a month later. Insurgent movements including the Revolutionary Front for an Independent East Timor (FRETILIN) fighting the Portuguese, continued their fight against the Indonesian Army. Human rights abuses and massacres were committed by both sides. By the early 1990s, as armed resistance decreased and the communist threat dissipated, the central Indonesian government issued a number of policies to open East Timor economically and politically. As a result, a resistance movements became more outspoken and demonstrations increased. Violence intensified after November 1991, when the Indonesian Army opened fire on protesters. International condemnation of the Suharto’s regime was widespread, but due to the fear of destabilizing Indonesia’s unity, it was not until the fall of Suharto in 1998 after the 1997 Asian Financial Crisis that East Timor’s secession became a possibility.

In 1999, an independence referendum was held with 78% rejecting East Timor’s positions as an autonomous territory within Indonesia. Violence broke out following the results and after a delay a UN-backed Australian peacekeeping force was deployed. The Indonesian Government accepted the result in October of that year and as a result the laws legalizing East Timor’s annexation were repealed, leading to East Timor’s independence in 2002.
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 (opens in new tab) | 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