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.