Aussie court upholds Timor Gap treaty

Aussie court upholds Timor Gap treaty

CANBERRA (AFP): Australia's High Court yesterday endorsed the government's right to sign a treaty with Indonesia to exploit the rich undersea oil fields between the two countries.

In a unanimous decision, the full bench of the High Court rejected submissions that Australia had no constitutional right to take part in the 1989 Timor Gap Treaty.

Three East Timorese men who live in Australia took the High Court action last year to strike down the Timor Gap Treaty.

The men, East Timorese resistance spokesman Jose Ramos Horta, Jose Gusmao and Abel Gutteres, claimed the treaty was illegal because Indonesia had no sovereignty over the area.

East Timor was integrated into Indonesia in 1976 and Australia has recognized Indonesia's sovereignty since 1979, although the United Nations has not recognized the Indonesian sovereignty.

Both Australia and Indonesia then claimed sovereignty over an area of continental shelf between East Timor and mainland Australia, known as the Timor Gap, and a treaty was signed in late 1989 declaring the area a region of joint cooperation.

The treaty, which came into force in early 1991, divides the mineral and oil rights and sets up a joint authority to administer exploration and mining in the shared zone.

The Timor Gap is rich in oil and minerals which are thought to be worth billions of dollars.

In their submission to the High Court, Horta and his fellow plaintiffs argued that the Australian government's power under the constitution to enter into treaties was invalid for the Timor Gap because international law did not recognize Indonesia's sovereignty over East Timor.

They also challenged the treaty under the constitution because they said Australia had delegated taxation revenue collection from the area to Indonesia.

The High Court found against Horta on all counts.

Horta said he was somewhat disappointed with the judgment and he would now take his fight to the International Court of Justice (ICJ).

"Our next battle is going to be at The Hague, in the ICJ, where I am sure we are going to win and that is much more significant than the little High Court of Australia," he said.