Australia accuses Portugal of cooking up East Timor case
Australia accuses Portugal of cooking up East Timor case
THE HAGUE (Reuter); Australia, replying to Portugal's
challenge to its 1989 agreement with Indonesia on offshore oil
exploration in Timor Gap, yesterday accused Lisbon of
manufacturing the case.
Australia's Solicitor General Gavan Griffith told the
International Court of Justice in the Netherlands that Portugal
had brought the case to win a platform for its dispute with
Indonesia over East Timor.
"Portugal is bringing the wrong case against the wrong party
and it is doing so for the wrong reasons," said Griffith.
Portugal, former colonial ruler of East Timor, presented its
case to the Court of Justice last week, arguing that Australia
had violated East Timor's right of self-determination by signing
the 1989 treaty with Indonesia.
The treaty covered oil exploitation in the Timor Gap -- a
23,550 sq mile (61,000 sq km) stretch of sea between East Timor
and Australia.
Indonesia, which is not at the hearings, says East Timor has
fallen under its jurisdiction since 1976 when the majority of its
tribal leaders proclaimed to join the republic. The move was not
recognized by the United Nations which still regards Portugal as
the administering power in the territory.
Lisbon argues that Australia therefore had no right to sign
the treaty with Indonesia.
"Having manufactured a dispute against Australia, Portugal
uses the opportunity to ventilate allegations against
Indonesia..." Griffiths told the United Nations court.
"Our position is that there simply is no real dispute capable
of resolution by the court," he said as Australia began a week of
pleadings in the case.
Griffith said Portugal, in presenting itself as the champion
of the people of East Timor, had swept its colonial record under
the carpet in an attempt to restore its tarnished image.
"Portugal's appalling colonial history is known and is glossed
over rather than denied in these proceedings. Its colonial policy
was characterized by the General Assembly as a crime against
humanity," he said.
The Solicitor General said Australia did not dispute the right
of the people of East Timor to self-determination, but that this
was not inconsistent with Australia recognizing that Indonesia
exercised sovereignty over the territory, he said.
Griffiths said Portugal had filed suit against Australia,
rather than Indonesia, because Indonesia had not accepted the UN
court's compulsory jurisdiction and so could not be brought
before the court.
"But we say Australia cannot and should not be hauled into
court to answer for Indonesia's conduct," he said. "No decision
by the court on the merits of this case will lead to any
practical resolution of the situation in East Timor."
Portugal acknowledged last week that its dispute with
Australia was connected to its dispute with Indonesia, but said
the two issues were distinct and that the court was only being
asked to rule on the row over the oil treaty.
Australia is expected to complete its initial pleadings this
week after which a third and final week of hearings will be held.
The court's verdict is expected several months later.