RESOLUTION(1)

on the situation in East Timor

The ACP-EU Joint Assembly,

- meeting in Nassau (Bahamas) from 11 to 14 October 1999,

- having regard to its previous resolutions on the situation in East Timor,

- having regard to the UN Security Council resolution 1264/99,

- having regard to the Declaration made by the Presidency on behalf of the EU on 21 September 1999,

A. recalling the agreement concluded on 5 May 1999 between Indonesia and Portugal on the question of East Timor and the agreements concluded between the United Nations and the Governments of Indonesia and Portugal regarding the arrangements for the popular consultation of the East Timorese through a direct ballot, and also security arrangements,

B. having regard to the unequivocal result of the referendum held on 30 August 1999, which recorded a turn-out of 98,6 % and by means of which the overwhelming majority of the East Timorese people (78,5 %) called for independence,

C. whereas the results of the referendum were announced by the UN Secretary-General and validated by the United Nations, the President of Indonesia, Portugal and the international community,

D. whereas the Indonesian authorities themselves have said that they regard the results as a statement of the East Timorese people's desire for independence,

E. whereas after the referendum result was announced, pro-Indonesian militias, trained and armed by the Indonesian police and army, launched a campaign of terror in the country, killing defenceless citizens, burning down houses, splitting up families, deporting communities and attacking Unamet, the Red Cross, journalists and observers, as well as committing other serious violations of human rights,

F. whereas Indonesia has clearly violated Article 3 of the New York Agreement, as it has failed to guarantee the maintenance of peace and security in the region, whether through inability or deliberate inaction,

G. whereas the first step towards guaranteeing the independence of a country must be to safeguard its people's physical integrity,

H. whereas the international force started its deployment in East Timor on 20 September 1999,

I. whereas this deployment shows the willingness of the international community to stop the massacre of the civilian population and to find a peaceful and lasting solution to the question of East Timor based on the self-determination of its population,

J. whereas the humanitarian situation remains very grave in East Timor as well as in West Timor,

K. alarmed by reports that a great number of refugees are being forcefully relocated to smaller islands, away from the attention of international media and out of reach of humanitarian agencies,

L. expressing its concern at reports indicating that systematic, widespread and flagrant violations of international humanitarian law and human rights have been committed in East Timor, and stressing that persons committing such violations bear individual responsibility,

M. congratulating the people of East Timor on their exemplary conduct during the referendum process and on their high turnout in the referendum;

1. Welcomes the deployment of the international peace force in East Timor;

2. Praises the contribution of those UN Member States, in particular Australia and Asean States, which have given troops and material support to the international force;

3. Calls on the international force to speedily fulfil its mandate of restoring peace and security, facilitating humanitarian assistance operations and protecting and supporting Unamet in carrying out its tasks;

4. Calls on the United Nations to exercise the responsibilities it has assumed under Article 7 of the New York Agreement and to maintain an appropriate presence in East Timor;

5. Calls for the transfer of authority to the UN to be speeded up and calls on the Indonesian Government to cooperate fully with the international force, to withdraw its armed forces from East Timor according to schedule and to facilitate the rapid containment and disarmament of any paramilitary elements in the territory;

6. Regards guaranteeing security throughout the territory as a priority, so as to ensure that refugees and displaced persons are able to return and to allow journalists and non-governmental organisations access to the entire territory of East Timor;

7. Condemns any forced relocation of refugees and calls on the Indonesian Government to provide full and unconditional access to the relief agencies and to give the refugees the free choice to go back as soon as possible;

8. Emphasises the urgent need for coordinated humanitarian assistance and the importance of allowing full, safe and unimpeded access by humanitarian organisations, and calls upon all parties to cooperate with such organisations, so as to ensure the protection of civilians at risk, the safe return of refugees and displaced persons and the delivery of humanitarian aid;

9. Utterly condemns the massacres and criminal acts committed by the pro-Indonesian militias with the participation of the police and army of Indonesia against the people of East Timor, which have already brought about the deaths of an as yet indefinable number of people;

10. Insists that impunity for atrocities cannot be tolerated and urgently calls for a UN international commission of inquiry to identify those responsible for the massacres and other violations of human rights and humanitarian law and to set up, as soon as possible, an international tribunal for the crimes committed in East Timor;

11. Urges the ACP-EU Council, the Member States of the European Union, the ACP countries and the international community in general to recognise the State of East Timor and establish diplomatic relations as soon as possible;

12. Calls on the Commission to start preparations for the rapid accession of East Timor to the Lomé Convention;

13. Calls on the EU urgently to provide adequate budgetary means for the rehabilitation and reconstruction of East Timor and to finance the process of transition to independence, and calls on the Commission to submit an appropriate proposal to the Council;

14. Instructs its Co-Presidents to forward this resolution to the Council, the Commission, the UN Secretary-General, the Government of Indonesia, Asean and Xanana Gusmão.

(1) Adopted by the ACP-EU Joint Assembly on 14 October 1999 in Nassau (Bahamas).