S/PV.4236 Security Council

In accordance with the understanding reached in the Council’s prior consultations, and in the absence of objection, I shall take it that the Security Council agrees to extend an invitation under rule 39 of its provisional rules of procedure to Mr. Sergio Vieira de Mello, Special Representative of the Secretary-General and Transitional Administrator for East Timor. There being no objection, it is so decided. I invite Mr. Vieira de Mello to take a seat at the Council table. The Security Council will now begin its consideration of the item on its agenda. The Council is meeting in accordance with the understanding reached in its prior consultations. Members of the Council have before them the report of the Security Council mission to East Timor and Indonesia, document S/2000/1105. Members of the Council have also received photocopies of a letter dated 27 November 2000 from Indonesia, which will be issued as document S/2000/1125. At this meeting, the Security Council will hear a briefing by Mr. Sergio Vieira de Mello, Special Representative of the Secretary-General and Transitional Administrator for East Timor. I call on Mr. Vieira de Mello. Mr. Vieira de Mello: Thank you, Mr. President, for inviting me to address the Council. Since I last briefed the Council, on 29 September, a mission from the Council has visited and reported on the situation in East and West Timor. As that report is barely one week old, I will focus my remarks today on some of the specific issues highlighted therein, relate to members our plans for the donors conference in Brussels next week and update members on discussions we have had concerning the path for political transition in 2001. It is also worthwhile to highlight the critical juncture — positively so, I should add — at which we once more now find ourselves in East Timor. Beyond the emergency phase and beyond the start-up of the United Nations Transitional Administration in East Timor (UNTAET), we are now well advanced in the transition to independence. Our consultative mechanisms through the cabinet structure and the all- Timorese National Council have become more sophisticated, and we are beginning to see the start of a more avowedly political climate in East Timor. This is a healthy and timely development, allowing us to turn our attention to how best the final march to full independence should be managed and to begin thinking now of what type of international assistance East Timor might need once that independence has been attained. But before I begin my brief proper, I would just like to say a few words of thanks to the Council for sending to East Timor the mission that Ambassador Andjaba led to see at first hand the progress that has been made and the challenges that remain. We all found the visit to be of immense help, stimulating our thinking about the way forward, highlighting areas of priority and reassuring us that we are not alone in our endeavours. As the Security Council mission has reported, the security situation in East Timor is stable. In West Timor, we continue to have concerns about the existence and the impunity of those among the militias who remain incorrigibly committed to a violent path. But there has been some progress in terms of the repatriation of refugees and reconciliation talks. I am pleased to report that the repatriation of a group of 410 refugees, made up predominantly of what we call the former MILSAS — militarized civil defence elements — and their families, and to which task I have assigned my own Chief of Staff, took place very successfully last week, with excellent cooperation both from the Indonesian authorities and from the East Timorese leadership and local community, into which these returnees were welcomed home. I am hopeful that this example of high-level cooperation, also involving the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Organization for Migration (IOM) and other humanitarian agencies, will encourage an increase in overall returns, both organized and spontaneous. From 6 September to date, there have been over 2,200 spontaneous returns. While it would be premature to declare a trend, this is yet another positive sign. At the same time, there have been a number of encouraging meetings and contacts in the cause of reconciliation. On 24 October in Surabaya, Indonesia, UNTAET facilitated a first formal meeting between pro-autonomy political leaders, who are federated under an umbrella organization called the Uni Timor Aswain (UNTAS) and the National Council of Timorese Resistance (CNRT). We will be following up on this next week with a second such meeting, in the hope that, through developing these contacts, common ground can be found among East Timorese leaders to aid the process of true reconciliation. On 14 November my Chief of Staff led a delegation, including representatives of the CNRT and the Armed Forces for the National Liberation of East Timor (FALINTIL), to a border meeting with three of the four senior militia leaders who had addressed petitions to the Security Council, starting with the letter of 14 October addressed to Ambassador Andjaba, who was then President of the Council. Incidentally, the fourth signatory has since backed off from the position adopted in those petitions. This meeting was followed by further contacts with the same three in meetings held in Kupang between them and my Chief of Staff on 19 and 21 November during preparations for the refugee repatriation to which I briefly alluded earlier. While there have been no definitive results from these discussions, there are signs that the three militia leaders may be able and willing to facilitate the return to East Timor of a large number of refugees, in particular, 6,000 to Baucau and 16,000 to the district of Ainaro. Furthermore, the possibility of these three militia leaders returning to, and peacefully reintegrating into, East Timor, is also under active consideration. Finally, I should like to say a word about the Joint Border Commission, a mechanism intended to provide a forum for the discussion and resolution of all cross- border issues, the agreement for which I signed with Coordinating Minister Bambang Yudhoyono on 14 September in Denpasar. The latest information, which I received from Dili yesterday evening, is that we now have a date for the first meeting of the Joint Border Commission, which, as the Council knows, has been delayed time and again. It will now take place this coming Thursday, in Jakarta. I have, of course, approved the participation of our delegation in those discussions. Let me now turn to a few of the key points of the Security Council’s mission to East Timor and Indonesia. First of all, the Council has heard me mention before that the availability of resources in the East Timor consolidated budget remains one of the key constraints that we face. I was therefore very pleased by the mission’s recommendation that consideration be given to increased flexibility in the use of assessed resources for missions such as UNTAET, and that this was so promptly followed up by a letter from you, Mr. President, to the President of the General Assembly, recommending, through the President of the General Assembly, that the Fifth Committee and the Advisory Committee on Administrative and Budgetary Questions exercise such flexibility. I myself discussed the matter with the Chairman of the Advisory Committee on Administrative and Budgetary Questions yesterday morning. I think we all recognize that it is, frankly, absurd for a Transitional Administrator to preside over a United Nations mission that spends 10 assessed dollars on itself for every voluntary dollar spent administering the country for which the Council made it responsible. As the Security Council Mission has highlighted, the justice sector has been struggling with a serious lack of resources, both financial and human. Progress on bringing to justice those responsible for the serious human rights violations of 1999 has been slower than hoped, and I share the concern that this, in turn, could have a negative impact on efforts towards reconciliation, if justice is not seen to be done. With this is mind, we have developed a comprehensive strategy to step up investigations into the serious crimes and complete the investigation of all documented cases by December 2001. Our challenge now is to provide the required resources to implement this strategy. I have reallocated funds and materials from other areas within UNTAET, and we have prepared a list of urgent additional resources, both material and personnel, which we will require if our strategy is to be fully realized, and which we will share with all interested donors, starting, obviously, with members of this Council. I urge members to look upon these requests favourably. Furthermore, I welcome the informal suggestion by members of the Security Council Mission to East Timor that short-term SWAT teams — as it were — of investigators be deployed to bridge the gap. Those teams would be welcome sooner, rather than later, in Dili. We also remain extremely anxious for the Indonesian judicial process to begin trials as early as possible. I understand from the Attorney-General of Indonesia, Marzuki Darusman, with whom I am in constant telephone contact and who is our partner in the judicial and human rights sphere, that the trials of Eurico Guterres and the suspects in the Atambua murders may begin this year, and that other trials relating to the serious crimes committed in East Timor in 1999 may begin in early 2001, once the ad hoc tribunals on human rights, which were approved by the Indonesian Parliament only two weeks ago, have been established. Needless to say, it is imperative for concrete progress to be seen to be happening in Indonesia in this regard, sooner rather than later. Infrastructure development, especially outside Dili, remains one of our main challenges. Essential rehabilitation of the roads throughout East Timor is now taking place in anticipation of the rainy season. Power has now been connected to all districts, although limited capacity and the cost of operations mean that service is not full-time. In Dili, rapidly increasing demand, no doubt largely a result of the important international presence, exceeds our output capacity, resulting in regular power outages. To help address these problems, the recent review of the Transitional Administration’s budget has been able to free up some $650,000 in additional funds that we intend to use straight away for reconstruction projects outside Dili, as well as $1.6 million for the power authority. There have also been regrettable delays in the implementation of the education and health reconstruction programmes. In short, the extent of East Timor’s destruction means that reconstruction will remain an urgent need well beyond independence. I have sent word to the President of the World Bank, Jim Wolfensohn, which I shall be following up, recommending that the Bank and the United Nations get together in the near future to see what lessons we can learn for the future in accelerating our approval and implementation of key reconstruction projects. At this juncture, I would also like to take this opportunity to ask the Council to consider favourably the possibility of allowing UNTAET assets, where practical, to remain in East Timor after the mission winds up. I have already mentioned the remarkable disparity in funding between that which goes to the United Nations itself in East Timor and that which goes to the transitional administration of the territory. This would be compounded, and much of the progress that has been made would be set back, were we to remove computers, radio equipment, vehicles and other essential hardware. I also discussed this with the Chairman of the Advisory Committee on Administrative and Budgetary Questions yesterday morning, and he was very sympathetic to our request. Another crucial element of the transition to independence is defence. Plans for the creation of an East Timor defence force took a major step forward last week in Dili, with the convening of a defence donors’ conference, attended by 12 countries. During those deliberations, Australia and Portugal made generous commitments to play the lead role in establishing an initial training programme by January 2001. Several countries expressed interest in providing assistance to strengthen the Office of Defence Force Development, which will ensure civilian oversight. The objective of having a fully trained first battalion of the defence force in place by late 2001 is now well on track. The East Timor defence force is not, however, expected to be at full strength until the end of 2003. Clearly, a United Nations peacekeeping presence will be required in some form until possibly that date. Such a presence has the full support of the East Timorese leadership. The actual rate at which peacekeepers can be withdrawn from East Timor will ultimately depend on the external security environment, along with the capacity of the East Timor Defence Force to fill the vacuum. Next week I will be travelling to Brussels, with my East Timorese colleagues, to meet with donors regarding East Timor. There, in a meeting hosted by the European Commission and co-chaired by the World Bank and UNTAET, we will review the progress to date of the reconstruction and rehabilitation activities against performance indicators, as requested at the donors’ meeting in Lisbon last June. The meeting will focus on an integrated strategy for transition towards independence. Among the key issues, the recruitment and development of senior managers in all sectors of the public service remains a major outstanding challenge. We face significant difficulties in encouraging the skilled diaspora to return to assume these positions, given the consequent drop in living standards that such a sacrifice would entail. Timorization cannot be successfully accomplished without a considerable and sustained investment in capacity-building, a need that will not end with independence. Transition will not only mean the replacement of international staff with East Timorese, but will also have to involve the development of a cadre of technical advisers, recruited not only from international staff, but also from private sector resources. Another challenge to be discussed in Brussels is the sustainability of public finances. Choosing a sustainable level of public spending is difficult, given the uncertainty over the revenue-raising capacity of the economy. East Timor’s single greatest source of revenue is likely to be the petroleum resources in the Timor Sea. Conservative estimates indicate a likely annual revenue from petroleum many times the size of the current East Timor budget, but these are only estimates. Negotiations are now fully under way with Australia on the hugely complex task of establishing a satisfactory regime for the management of petroleum activities in the seas between East Timor and northern Australia. The continued support of donors in the coming year is vital to the achievement of a successful transition plan. The process of transition towards independence, which began last year with the popular consultation and subsequently with resolution 1272 (1999), entered a new phase on 23 October this year with the inauguration of the 36-member, all-Timorese National Council. This proto-legislative body was appointed after a broad consultative process, and was designed to ensure representation of the various districts of East Timor, the major political parties, both inside the National Council of Timorese Resistance and outside it, as well as a broad cross-section of civil society. The Transitional Cabinet, which was created in July, was expanded in October with the addition of Mr. José Ramos-Horta. The creation of this Cabinet and the appointment of the National Council together represent a significant new phase in the transition towards East Timorese rule, one where power is increasingly shared between the Transitional Administrator and broadly selected representatives of East Timorese society. It is my firm view that a successful transition requires that we gradually put executive and legislative power into the hands of the East Timorese, so that the day of independence marks the culmination of a smooth Timorization, a smooth transition, and not the point of a sudden transfer of power. The political calendar for the final phase of transition, culminating in the democratic election of a legitimate East Timorese Government, has been the subject of intensive discussion with the members of the Cabinet, the National Council and other East Timorese leaders. A number of common understandings have emerged from these discussions. It is not, however, possible to give precise dates at this time, save that we are likely looking towards East Timor declaring its independence at the tail-end of 2001. The key event next year — most likely in the middle of 2001, depending on the advice of our electoral experts — will be a general election for a constituent assembly, which will have as its task the final drafting and adoption of a constitution. It is not at this stage anticipated that a referendum will be held to ratify the constitution, since the elected constituent assembly will carry full democratic legitimacy. Once the constitution is adopted the constituent assembly will be sworn in as the first parliament. Depending on the process set out in the constitution, elections for a president — assuming a presidential system is chosen — the appointment of a government and the declaration of independence would all take place in the last quarter of 2001. To assist the constituent assembly, Xanana Gusmão, who is the Speaker of the National Council and the Chairman of the CNRT, has suggested that the National Council establish a special committee on constitutional and electoral affairs, to include National Council members, UNTAET and representatives of East Timorese civil society. This committee would help bring the debate to the people and develop core principles for the constitution for consideration by the elected constituent assembly, which would, therefore, be presented with a preliminary draft text of the constitution. The Cabinet will this week in Dili begin deliberation on a draft political parties regulation which sets out the conditions for political party registration. Electoral registration, civil registry and civic education are all now in progress, and we will begin implementation in these three areas early in the new year. This calendar should make it possible for us to successfully fulfil our mandate and transfer power to a legitimately elected East Timorese Government at the end of 2001. But, of course, there is much more to transition than handing over political power. As the Security Council mission to East Timor and Indonesia has highlighted, the pace and success of the Timorization of the administration is closely linked to our ability to build, in the most qualified East Timorese candidates, the capacities they require in order to succeed. This effort is crucial before transition can be successfully achieved, but will also be required well after independence. The role of the United Nations in East Timor will not end with the last day of UNTAET’s mandate. We will clearly be required well into the future in a supporting capacity for technical and security matters, but also in many areas of capacity- building in public administration. In conclusion, given the current climate of stability, I am hopeful that the security troubles I reported to the Council during my last visit to New York are behind us now, and that we can focus on the successful fulfilment of our mandate over the coming year. I believe we now have the major milestones of the transition to independence in front of us, and I am confident that the remaining steps can be successfully accomplished to ensure a smooth transition in 2001. While political transition is readily achievable, I believe that the long-term success of the transition will depend on a continued engagement of the United Nations and of individual donor countries in support of an independent East Timor into the future.

I thank Mr. Vieira de Mello for his very interesting briefing.

Most of the members of the mission that was recently in East Timor are here with us today, and, on behalf of us all, I would like to reiterate our strong appreciation to the Special Representative, as well as to his team, for what I think we all believe was a useful visit. I was not on the first mission, but those who were came back impressed and gratified by the work that you, Mr. Vieira de Mello, had done over the past year. I think we all want to extend extreme gratitude for your efforts there, as well as for the impressive gains of the people of East Timor. It is a rare partnership to witness, and it is a privilege to watch a nation being created. It makes all of us proud to be part of the United Nations system that is at work there. We saw the cabinet meetings and the rebuilding that is going on. Seeing the conditions on the ground, I think, also makes us appreciate the personal sacrifices that you and your colleagues are making on the ground month after month. On behalf of us all, I want to express our deepest appreciation for your hard work and sacrifices every day on the ground. Mr. Vieira de Mello, the fact that we were there a couple of weeks ago and that you are here today shows the importance of continued dialogue between the Security Council and your Mission. You are off, literally, at the other end of the world, about as far as one can get from New York. Your success is also your burden, because it is not on the front page of the newspaper every day. I think it is important for us to see things on the ground, but it is also important for you to know that you have a ready ear here. This is not an easy situation; there are still dangers. We like to think, “Well, Sergio is there, so we don’t have to worry about it”. But that is not fair to you or to the people of East Timor. So I am glad that you are here, and I hope you feel that you have a ready ear here at any time you want. The issues that you have discussed, as well as those in our report, raise some key issues. I will not go into them in great detail, since most of them are covered in our report. But one that I think perhaps deserves to be highlighted is the need to begin now to plan for the role of the international community after independence. Not only do we have a lot of work to do to make sure that, whatever timetable is established for the independence of East Timor, you have the resources during that transition; but also, I think one of the messages from our mission to the region is that clearly the international community is going to have to remain engaged. I think your visit here is well timed to begin to define the parameters of that presence. We will be renewing the mandate of the United Nations Transitional Administration in East Timor (UNTAET) at the beginning of next year, and your visit here today, Mr. Vieira de Mello, begins to lay out the milestones we will need to address in order to begin to ensure that the international community is there for the post-independence period as well. I think all of us would like to emphasize as strongly as possible the importance of beginning that planning now. For this reason, I think your visit is particularly well-timed. The term “UNTAET light” was used during our mission there, and that means we have to look at the various components of UNTAET in terms of not only its political aspects, but its security aspects as well. I think you have done yeoman work, Mr. Vieira de Mello, in trying to lay the groundwork for that. The security presence there has already had a fair amount of work done on it. There was the international conference in which the international community, including the United States, participated; and defining financial, technical and security assistance is going to be crucial. The other point I wish to make from the United States standpoint, and which is most important to us, is the process of justice and reconciliation. All of the post-independence questions will be greatly affected by how well the process of justice and reconciliation is addressed today. I think I speak for my colleagues who were with me on the mission in saying that the key to ensuring UNTAET’s success, as well as the success of the independence of the people of East Timor, is to put the dual track of reconciliation and justice on a progressive path that achieves both in a symbiotic fashion. In West Timor, we certainly heard repeated concerns from the refugees about the conditions on the ground in East Timor. They had sent their families back and had not heard from them. Rumours and misinformation created legitimate fears within the community. Having just been to East Timor, we were able to reassure them that we were convinced that the people of East Timor would welcome the refugees back, that they would be treated well and with respect, as long as there was a process of justice to ensure the people of East Timor that their need for justice was taken care of. Without this process of justice, we will not get the appropriate reconciliation to solve the problems. One of the most important aspects we came away with was the need to make sure that UNTAET and the East Timorese system have the capability to investigate crimes and to conduct prosecutions. The plan that you brought with you here, Mr. Vieira de Mello, and presented to us on the process of justice is, I think, very important and timely. We are already reviewing it, and I certainly hope that we will be able to look favourably on your request for the SWAT teams of assistance, as well as staff and equipment. Unless you can have a functioning judicial system, all of the other wheels of progress will be much squeakier. As we look at this issue, I think we have to make sure that we do not have bureaucratic inertia that could cause some of these resources to be underutilized. I think we need to continue to work within the United Nations system to make sure that these requests can be dealt with urgently and efficiently. In addition to ensuring that the UNTAET process and the East Timorese process work, it is equally fundamental to make sure that the Government of Indonesia fulfils its responsibilities on these issues, as outlined in Security Council resolution 1319 (2000). The principal points relating to justice are still germane. Further decisive action is necessary to deal with the remaining militias. Those responsible for the murders of the Office of the United Nations High Commissioner for Refugees staff, as well as for the killing of two United Nations peacekeepers, must be brought to justice; and there must be a process of accountability to address the human rights violations of 1999. While we were in Jakarta, we had very productive meetings with a number of Government officials, and they briefed us on the progress. We all urged strong action in Jakarta to establish the ad hoc tribunals, which are critical to ensuring that the process of justice moves forward. It has been over a year since the violence of 1999, and the international community has a responsibility to help ensure that justice is done. We all hope that the Government of Indonesia will fulfil these responsibilities with appropriate urgency. The second issue I wish to highlight is that of disbandment of the militias. This is a crucial process of justice, and the Government must fulfil its responsibilities in that respect. We were in several of the camps, and I think that the militias’ continued presence in those camps, their hold on the camps and some of the decisions of the people are impeding the process of return. As we wrote in our report, I think it is useful to recall here that we all stress the need for decisive action to deal with the remaining militias, and, in particular, the leaders, to put an end to their activities once and for all, inter alia, through ongoing disarmament operations, the separation of militia leaders and of those engaging in intimidation from refugee communities and the expeditious prosecution of militia leaders for the serious crimes they have committed. Progress on these issues is crucial for the success of all that the United Nations is trying to do in East Timor. Lastly, the issue of return is one that has been a large focus of the international community and the Government of Indonesia as well. There must be a credible, apolitical, internationally observed refugee registration and return programme. There have been some encouraging developments on this front in recent weeks with the ad hoc return of 400 former TNI and civil servants (MILSAS), in addition to the discussions going on with the militias that had written to the President of the Security Council. Those discussions and returns could potentially trigger other significant returns, which I think we would all welcome and view as a significant way to address the problem. They do not, however, in any way mitigate the need for the international community to be present in West Timor under appropriate security conditions. During our visit we had good discussions on trying to enable a classic United Nations security staff to go and review the situation, and we are hopeful that that will occur so that the international community can return to West Timor in full force. I will leave one or two questions on the table for the Special Representative. One of our key discussions in Jakarta was to try to urge that the Joint Border Commission meet as quickly as possible. We are pleased that the Commission will be meeting on Thursday and urge that the meetings be regular and at the senior level. One of the clear impressions that we came away with was the need for very regular and constant discussions and the need for better sources of information. Clearly, the Border Commission is key, so we should do anything we can to help on that front. The other issue concerns the joint commissions that are dealing with some other key bilateral matters, in particular the pensions, which are of key importance for the return of the refugees. Perhaps Mr. Vieira de Mello has some additional information on what is happening on that front. I think all of us came away with the sense that the back-and-forth discussions on development of working relationships so that there is mutual understanding on both sides would be key to moving forward, and certainly these various committees are essential in order to accomplish that. Let me thank you again for a very useful visit, Mr. Vieira de Mello, but, most importantly, for the work that you are doing on behalf of all of us to let the people of East Timor achieve their independence.

I wish to thank the Special Representative of the Secretary-General, Mr. Sergio Vieira de Mello, for being with the Council today to discuss with us the work of the United Nations Transitional Administration in East Timor (UNTAET). I also wish to thank him for the useful briefing he has given us, as well as for the excellent hospitality and cooperation extended to the mission during our visit to East Timor. The report of the mission covers a wide range of activities of UNTAET and correctly states that UNTAET has made significant progress so far. It should therefore receive continuing support from the Security Council. An ideal opportunity to address some of the concerns raised in the report and by Mr. Vieira de Mello today would be presented by the renewal of the UNTAET mandate in January. Similarly, it is hoped that progress can be made by other bodies of the United Nations to remove procedural impediments hampering the work of the Transitional Administration, especially in providing it with the necessary resources. With regard to the performance of UNTAET’s mandate, my delegation is particularly pleased by the Timorization process and capacity-building to prepare the people of East Timor for full independence. The National Council and Cabinet, together with the Transitional Administration, are now charged with the important task of preparing for the electoral process. Mr. Vieira de Mello deserves credit for most of this. The full results of this process will, however, be most visible after the transitional process, when the new government will have to function immediately and fully and will have to cope with the many different challenges. My delegation supports an international presence in East Timor upon independence, in particular in the areas of development, security and law and order. It is important that specific planning be started as soon as possible. In this regard, we welcome the strong commitment made by donors last week for the training and equipping of an East Timorese defence force. The situation of refugees in West Timor and justice and reconciliation remain critical concerns. My delegation hopes that the recommendations contained in the report, as well as the undertakings expressed during the mission’s visit, can be taken forward with the urgency they deserve. This is particularly necessary for creating security for the return of refugees and the return of humanitarian agencies. We welcome the repatriation of the ex-TNI reservists (MILSAS) and their families and strongly encourage more such group repatriations. The Government of Indonesia should be assisted in its efforts to receive the refugees wishing to stay in Indonesia, since this is an important element in solving the overall refugee problem. My delegation welcomes the considerable progress made by the Government of Indonesia in taking the justice process forward, in particular by arresting suspects and in passing the human rights legislation. Again, we trust that further progress will soon be achieved. My delegation reiterates the importance of the proposals in the report aimed at enforcing the existing measures of cooperation between East Timor and Indonesia and welcomes the undertakings already made in this regard. We also strongly encourage building bilateral future relations between East Timor and Indonesia, and efforts already under way should be expanded. I am glad to learn today from Mr. Vieira de Mello that the meeting of the Joint Border Commission will take place on Thursday. In conclusion, East Timor is well on its way to full independence, and all that is required is continued support by the international community. In the same way, outstanding issues, such as refugees, justice and reconciliation, can be resolved. What is required is for all the parties to work together to see how best to implement the various recommendations in the report.

I find myself deeply relieved to be speaking after the leader of our mission to East Timor and Indonesia. I would like, though, to take a moment of our time to put on public record my appreciation as a member of the mission for the way in which Ambassador Andjaba led the team. It was not only useful; it was great fun. You are welcome, Ambassador Andjaba, to lead a third mission to East Timor and Indonesia if you have the time and stamina. I would also like to express my appreciation to the Special Representative of the Secretary-General for yet another extremely useful, extremely comprehensive and extremely interesting briefing. As Mr. Vieira de Mello has said, we are now at a pivotal time for the United Nations Transitional Administration in East Timor (UNTAET) and for East Timor, and it is very appropriate that the Security Council should spend some public time today discussing the issue. I will not attempt a comprehensive round-up. Others have done that before me and much better than me. However, I do want to highlight a number of points of interest to the United Kingdom, and I want to come at it from a slightly different direction from other statements in this debate so far and to approach the complex of issues, in a sense, the other way around. One of the abiding impressions that I came away with from the mission’s visit was how much East Timor and Indonesia, in a sense, depend on each other. It is vitally important that the relationship between the two become full-blooded, comprehensive, fruitful and productive. Many of the mechanisms already exist to facilitate that exchange. I hope that over the next few weeks and months both sides will put renewed impetus into their cooperation. It is very good news that a date for the meeting of the Joint Border Commission has been set for — if I have it right — 30 November. We look forward to further meetings of the Commission in December — perhaps at the level of plenipotentiary, since I understand that this week’s meeting will be at what I may call the director level. It is very important that that framework should be used to the full. It is very important that it and other avenues for cooperation are used to reach a speedy resolution of some of the issues outlined in the mission’s report. I would particularly mention in this regard, as Ambassador Soderberg has done, pensions, which will be of fundamental importance to stabilizing the future East Timorese economy, and the question of the Oecussi enclave and the need for a fully negotiated transit arrangement to provide access between East Timor and Oecussi in perpetuity. I would like now to turn to West Timor and the refugee situation there. The mission’s observations are well set out in its report, and I do not want to repeat them here. But I do want to say two things. First, it is clear that the militias, in whatever form, remain a problem. I very much welcome the determination of Coordinating Minister Yudhoyono to come to grips with the problem of intimidation in the refugee camps, and we look forward to his further information to the Council about the steps that the Government of Indonesia is taking in this regard. It is a vitally important element in what is really a very complex jigsaw. My second point is to underline the importance of the return of international relief agencies to West Timor. This can be done only when the security situation stabilizes to the point where it makes a return sustainable, and a decision on whether that point has been reached can only be for the United Nations to take. For this reason my delegation attaches considerable priority to a visit by United Nations security experts to West Timor. As others have said, this is a perfectly normal part of the procedure for taking decisions on the presence of United Nations agencies in areas where security has been bad. We hope that that visit can happen soon. Once the United Nations agencies have been able to return — assuming the outcome of the United Nations security team’s discussions is positive — it will be very important to maintain a high state of vigilance on all sides to ensure that appropriate action can be taken if the situation deteriorates and that proper links and cooperation are maintained between the United Nations agencies and the Indonesian authorities, and others with an interest in this matter. It is particularly important to get the international agencies back because, while ad hoc returns such as the MILSAS group — ex-TNI reservists from East Timor — to which Mr. Vieira de Mello has referred are extremely welcome, there is going to be no substitute for a proper and properly internationally observed registration process for the refugees. That is the best possible guarantee that we can all have that they are able to take decisions about their own future without threat or coercion and in safety. It must be a high priority objective for us all. I would now like to turn to East Timor, reversing the order as I have done. Mr. Vieira de Mello’s remarks are well-taken and very helpful. I particularly note what he had to say about the area of justice and the investigation of serious crimes, which was indeed a key priority for the mission during its visit. We look forward to receiving the details regarding the resources that UNTAET needs and will look at them carefully. But I want to say that given the crucial importance of justice and reconciliation in the whole process of refugee return in East Timor, it is most important that the policy on justice and serious crimes reflects the national consensus among the East Timorese. I know that UNTAET will take steps to ensure that the two things become congruent. It is going to take a lot longer than independence to sort out the question of responsibility and accountability for the events of 1999, and it is very important that that process should go smoothly. The key next step is clearly going to be the donors’ meeting in Brussels next week. We would see four main issues for that meeting. Again, they are broadly congruent with the points that Mr. Vieira de Mello has concentrated on this morning. The first issue pertains to continued improvements in the pace of rehabilitation and reconstruction. I listened carefully to what the Special Representative said about UNTAET leaving things behind when it moves on. I think that that is an extremely useful and practical observation to be making at this stage. Like other speakers, I hope that the General Assembly will give early consideration to the questions that the Special Representative has raised about the use of assessed contributions. Clearly, the cardinal principle that assessed contributions should not be used to fund capital- and development-related expenditure is enshrined for very good reason. But equally there is a good case in situations like that of UNTAET to implement the rules with good sense and with flexibility. We hope that it will be possible to reach a modus vivendi on these lines, which allow some of the essential requirements to be met. The second priority for the Brussels meeting is a clear strategy and timetable for the political transition in East Timor. We have been one of those who have emphasized the importance of charting out a course to independence at various stages in various Council discussions. It should not be too fast, it should not be too slow, but it should be workable and it should carry with it the clear ownership of the Timorese people. We hope that the discussions in Brussels will provide clarity on this point. The third priority will be Timorization. Here, I think the process is going well, but I hope that it will be possible to take further steps to address some of the problems that have occurred so far, particularly in the area of recruiting senior government servants. Finally, there is the consolidated budget, which in turn will reflect East Timor’s long-term sustainability and on which I listened carefully to what the Special Representative had to say about the sources of resources for the Timorese economy in the longer term. Some ballpark decisions on what is supportable and what is sustainable will have to be taken soon in order, not least, to chart out the need for development and international assistance over the next few years. Here, I want to endorse Ambassador Andjaba’s point very strongly. It is clear that there will be a need for a substantial United Nations presence in East Timor after independence. It is equally clear that we should begin to start thinking about that now and I hope that it will be possible for the Secretariat and the Secretary- General to let us have at least some preliminary indications of the way this thinking is going at the time of the UNTAET mandate renewal next year. I have spoken for long enough. Suffice it to say that I hope the Council will soon be able to take some action to formally enshrine the conclusions of the mission’s report. The United Kingdom will make its own contribution to that process and I hope we shall be able to bring something to fruition very soon.

I, too, would like to join previous speakers in thanking the Special Representative of the Secretary-General, Mr. Sergio Vieira de Mello, for his comprehensive briefing. It adds new elements and new information to the report of the Security Council mission. We take great pleasure in seeing Mr. Vieira de Mello at this gathering. I would also like to use this opportunity to thank Mr. Vieira de Mello for the hospitality accorded to the Security Council mission in East Timor throughout its visit and for his tremendous personal contribution and efforts in making the mission a success. I want also to pay tribute to the leader of the mission, Ambassador Andjaba, for his discrete but highly efficient leadership of the mission. During the visit, the members of the mission noted with satisfaction that Mr. Vieira de Mello is doing a great job efficiently and effectively heading the outpost of the Security Council in East Timor. We wish to pay a special tribute to the work of the United Nations Transitional Administration in East Timor (UNTAET), which has made remarkable progress in implementing its mandate. We are encouraged by the significant success of UNTAET in laying the foundations for a smooth transition to independence and for the future statehood of East Timor. My delegation notes with satisfaction the acceleration of the process of Timorization of the Administration. We are glad to know that a number of Timorese District or Deputy District Administrators have already been appointed, while legislative responsibility is now exercised through the all- Timorese National Council and executive power by a Transitional Cabinet comprising five Timorese and four internationals. It is particularly important, in our view, that Sergio Vieira de Mello has established a close relationship with East Timorese political elite. We believe that the establishment of an East Timorese defence force would be a logical step on the road to independence. Of course, there are difficulties, as has already been mentioned, in particular in the establishment of a fully functional judicial system, which remains seriously under-resourced. In this respect, we commend the efforts of the Special Representative to find a way out of this predicament. We are pleased to note that the overall security situation in East Timor has become relatively stable. In this regard, the efforts of UNTAET in addressing the security threat posed by the infiltration of militias from West Timor are highly commendable. It would not be an exaggeration to say that the return of refugees from West Timor to East Timor remains a serious problem faced by UNTAET. The number of refugees in the camps in West Timor is still very high, estimated at 120,000. The situation in the camps in West Timor, in particular the depressing living conditions, remains a cause of great concern. We think that, in the present situation, it is important to ensure the safe return of international humanitarian organizations and agencies to West Timor. Unfortunately, the repatriation and relocation of refugees is complicated by the activity of the militias, which continue to intimidate and to spread misinformation in the camps. It is clear that the recent problems of the refugee crisis and the security threat posed by the presence of militias are closely interrelated and mixed up in a mass of contradictions, which need to be resolved. The solution to these problems will pave the way to the settlement of other key issues facing UNTAET, in particular reconciliation and ensuring stable political and economic development for East Timor. We are convinced that, in the circumstances, the Security Council, UNTAET and the Government of Indonesia should continue giving priority to these matters by coordinating and complementing each other’s efforts. I would like to note the good relationship of the Special Representative with the Government of Indonesia, which facilitates fruitful dialogue. We are encouraged by the measures taken by the Indonesian Government to assist the refugees to return to East Timor and to resettle those who want to stay in Indonesia. We positively note the decisive steps taken by the Government of Indonesia towards putting an end to the militias’ activities and towards their disarmament and disbandment, as well as the efforts of Indonesia to bring to justice the perpetrators of serious crimes committed in East Timor. The arrest of militia leader Guterres and those charged with perpetrating the tragedy in Atambua is a positive development. We welcome the recent adoption of Indonesian legislation for the establishment of a human rights tribunal. Our meetings with the Coordinating Minister for Political, Social and Security Affairs, Mr. Yudhoyono, and the Minister for Foreign Affairs, Mr. Shihab, reaffirmed their understanding that it was in the interest of Indonesia to settle these problems as soon as possible. In conclusion, let me assure you, Sir, and the Special Representative that my country remains a strong supporter of UNTAET activities. We are also ready to continue our support for the peacekeeping efforts of the United Nations in the region by extending Ukraine’s participation in UNTAET.

We thank you, Mr. President, for scheduling this meeting on the situation in East Timor. I welcome once again in our midst Mr. Sergio Vieira de Mello, Special Representative of the Secretary General. We very much appreciate his focused, informative and useful briefing on the latest developments in East Timor and his projections for the future of the territory. A week back we had the report from the Council mission to East Timor and Indonesia (S/2000/1105). Let me once again express the appreciation of Bangladesh to Ambassador Andjaba and other members of the Security Council mission for a very useful undertaking. Ambassador Andjaba for the second time has shown wise and effective leadership of the Council’s missions to the troubled territory. We owe him a special debt of gratitude. With regard to the mission’s visit to Indonesia, we feel there was a clear need for Council members to see for themselves the result of the efforts of the Government of Indonesia and also to discuss how the Council could work together with the Government to find a solution to the issues raised in its resolution 1319 (2000). We were pleased to receive the 10 November report of the Indonesian Government on follow-up of the Council mission, to be issued as document S/2000/1125. We welcome the commitments made by that Government in various areas of concern, and we look forward to their effective realization. On East Timor, we get a clear message from the report of the mission, confirmed by Mr. Vieira de Mello in his presentation this morning. That message relates to the need for an international presence in East Timor for some time after the territory’s independence. In other areas too there will be a need for a strong international commitment of financial and technical assistance. The recommendation of the report about reallocating a part of the peacekeeping assessed budget to training the local police force points in a similar direction: if we do not do it now, the need for maintaining an international police force will be even greater. The judiciary is under-resourced and cannot cope with the demands placed on it. Delivering justice, in respect not only of petty crimes but also of the serious ones committed in the wake of the referendum last year is very important. In short, the whole issue of capacity-building requires more attention and resources. We can all agree that this is a tall order for the United Nations Transitional Administration in East Timor (UNTAET). The issue of slow disbursement of funds has been raised by Council members in the past. Given the urgency with which reconstruction must be pursued, we agree with the recommendation that, for UNTAET, increased budgetary flexibility should be granted to facilitate execution of its mandate. We therefore support all the recommendations that were made in the Council mission’s report in that regard. We are happy that the robust and decisive action of UNTAET peacekeepers has succeeded in reducing militia violence in East Timor. We also share the satisfaction of the mission with regard to the progress made so far by UNTAET in the implementation of its mandate. The refugee issue remains a great cause of concern. We are happy to note that Indonesian ministers assured the mission of their Government’s commitment to resolving that issue. Moreover, in the Indonesian Government report to which I referred earlier, that Government reaffirmed its intention to work closely with the relevant agencies, including the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM) to prepare for registration of refugees as a matter of urgency. Problems that still stand in the way are continued militia intimidation and extortion of refugees in camps, lack of information about conditions in East Timor and ensuring a safe and secure working environment for humanitarian and aid agencies, enabling them to return. We believe that the discussions held during the Council mission will help the Government to redouble its efforts to achieve the declared objectives. In that regard, we agree with the report’s recommendation that the Government and UNTAET should work together. Recent repatriation of refugees from among ex- Indonesian armed forces reservists from East Timor (MILSAS) is an example that points in the right direction. It shows that with the right steps taken by all sides, the refugees need not languish in the camps for an indefinite period. We support the idea of reinvigorating the bilateral talks between the Government of Indonesia and UNTAET. We welcome the efforts of the Indonesian Government in preventing cross-border incursions into East Timor. Cooperation between the Indonesian armed forces and police and their counterparts in UNTAET is essential to minimize cross-border incidents. We welcome the setting up of the Joint Border Commission in that regard. We further welcome the adoption of recent Indonesian legislation for the establishment of a human rights tribunal which would help in the process of delivering justice in cases of gross human rights abuses and of murders of United Nations personnel. The issue of justice and reconciliation has been emphasized many times over in the report and in statements made today. We agree with that focus; this issue has important implications for the future of the territory. It is also linked with other problem areas. The difficulty is to have justice delivered speedily in cases of known violence; this, we expect, would have a positive impact on national reconciliation. National reconciliation, or at least its local manifestation, is an important factor in speeding up refugee repatriation. It is important that this is understood in the right perspective by both the East Timorese people and those they will reconcile with. We hope that both sides will adequately support the good work of UNTAET in this area. We strongly feel that the foundation of durable and peaceful relations between the territory and Indonesia lies in harmonious relations between the peoples of East Timor and of West Timor. That should be the objective of all endeavours. In Mr. Vieira de Mello’s presentation, we identified five areas which we believe should be supported by the Council. The first relates to reconstruction. I think Mr. Vieira de Mello’s consultations with the World Bank are very appropriate in that regard; we also look forward to the Brussels meeting next week. The second relates to the UNTAET assets to be retained in East Timor, particularly essential hardware. We believe that the proposal made by Mr. Vieira de Mello is of great importance; the Council should act upon it. We would ask the Secretariat also to work with all relevant agencies and bodies to ensure that it is implemented and that the assets remain in East Timor. The third has to do with the pace of withdrawal of UNTAET troops. We agree with Mr. Vieira de Mello that this will depend basically on the security situation and on capacity-building in East Timor. We would like to see appropriate follow-up on that. The fourth is the process of Timorization through capacity-building. Mr. Vieira de Mello said that this should not end with the independence of the territory, and I think that it is very important that the Council bear this in mind — and not only the Council: I believe that subsequently the General Assembly and the Economic and Social Council will be involved in development activities in East Timor. The final point relates to a smooth transition by the end of 2001 through an effective process of Timorization, with executive and legislative power handed over to the East Timorese people. We believe that to be an important matter that should be borne in mind. We look forward to the expected general elections to a constituent assembly, which should take place by mid-2001. We hope that the United Nations will be present in East Timor well into the future, as Mr. Vieira de Mello says it must be. We look forward to the Council’s involvement in that process.

First of all, I would like to thank the Special Representative of the Secretary-General, Mr. Vieira de Mello, for the full briefing he has just given us. I would also like to thank Ambassador Andjaba for his excellent and skilful leadership of the Council’s mission. As a member of the Security Council mission that recently visited East Timor and Indonesia, I was able to see the excellent work done by Mr. Vieira de Mello and his team. The progress made in implementing resolution 1272 (1999) has been remarkable. On behalf of Argentina, I would therefore like once again to extend our thanks and appreciation to all the personnel of the United Nations Transitional Administration in East Timor (UNTAET) and to the tireless and dynamic Transitional Administrator for East Timor, who have been the driving force behind the amazing transformation in East Timor this year. There is no need to enumerate the excellent initiatives taken and the achievements made by UNTAET. The Special Representative of the Secretary- General described some of them in his briefing. Similarly, the report of the Security Council mission also highlights some of those accomplishments. Nevertheless, we must not underestimate the current problems in areas such as reconstruction and the administration of justice, nor should we underestimate the magnitude of the challenges that will arise pending the full independence of the territory. The commitment of the international community to East Timor must therefore remain unchanged and continue even beyond independence. The Security Council mission was also able to assess the implementation of resolution 1319 (2000), particularly in the western part of the island of Timor. In this connection, we attach particular priority to three issues: resolving the refugee problem; improving security conditions, especially with regard to disarming and dissolving militias; and establishing a process that will culminate in bringing to justice those responsible for the violence in East Timor in 1999 and those responsible for the recent murder of international humanitarian personnel working for UNTAET. We consider the recent adoption of human rights legislation and the proposal to establish ad hoc courts in that regard to be significant advances. While we welcome the initiatives taken by the Government of Indonesia in those three areas, we also believe that additional measures, such as those described in the mission’s report, should be taken. In that connection, we trust that the positive approach taken by the authorities in Jakarta will be reflected in concrete action that will yield definitive solutions to the problems I have mentioned. We are pleased that the Joint Border Commission will meet next Thursday in Jakarta; that there was recently a return to East Timor of a significant number of refugees, including former Indonesian Armed Forces (TNI) reservists from East Timor (MILSAS); and that there was a decision by the Indonesian authorities to solve the problem of pensions.

I begin by expressing the Canadian Government’s gratitude for the excellent work Mr. Vieira de Mello has been doing, and continues to do, in East Timor. We are pleased that the United Nations Transitional Administration in East Timor (UNTAET) has succeeded in reducing militia activity in East Timor. (spoke in English) We are encouraged by the return in recent weeks of some 400 refugees from West Timor. We note that UNTAET has developed appropriate contingency plans, in coordination with humanitarian agencies, for a significant return of refugees. In that regard, we note that the Government of Indonesia has created a task force to develop registration projects. We endorse the Council mission’s conclusion that to be credible those exercises must be free from pro-integration influence and include international personnel. We agree with the emphasis Mr. Vieira de Mello has placed on the development of a national police force and on increasing judicial capacity. We are pleased that the Fifth Committee has informally agreed with the Secretary-General’s proposal to strengthen those components within the assessed UNTAET budget. We look forward to the review of the needs of the justice sector in East Timor, and agree that more should be done on the basis of assessed resources, given the scope of UNTAET’s mandate. We are pleased that arrests have been made in relation to the murder of the three personnel of the Office of the United Nations High Commissioner for Refugees (UNHCR) in Atambua on 6 September, and that Indonesia has recently adopted legislation in support of a national human rights tribunal. I have one specific question for Mr. Vieira de Mello. How does he assess prospects for an agreement between the Government of Indonesia and UNTAET on transit arrangements between the Oecussi enclave and East Timor?

I first wish to thank the Special Representative of the Secretary-General, Mr. Vieira de Mello, for his briefing. I am sorry that I did not hear it, but his briefings are always very useful and important. We express our appreciation to the Security Council mission for the progress it made in its visit to West Timor. In its report the mission has made a number of recommendations that merit our attention and positive consideration. In the course of the past year the United Nations Transitional Administration in East Timor (UNTAET) has made marked progress in various areas of its work, especially with regard to participation by East Timorese in their political affairs. Many administrative departments have rapidly achieved Timorization. The development of the situation is encouraging. Of course, quite a number of problems remain in the areas of reconstruction, justice and administration, requiring the continued assistance and support of the international community. We support the efforts of the international community to help East Timor achieve independence. In the light of the actual situation, it will still be necessary after independence for the international community to continue to provide the necessary assistance to East Timor so that the East Timorese people may truly achieve self-governance, in keeping with their own aspirations. In its report, the Council’s mission recommended a follow-on presence of the United Nations in East Timor. That recommendation is forward-looking, and we hope that UNTAET will continue to carry out an in-depth study in this regard, while fully respecting the opinions of East Timorese, so as to attain the understanding and support of the people of East Timor and to enable the efforts of the international community to yield the expected results. With regard to the question of West Timor, we welcome the progress made in disarming and disbanding militias, investigating perpetrators of crimes, and finding a lasting settlement of the question of refugees. We hope the international community will provide support and encouragement to the Indonesian Government in the actions it has taken in order to enhance its capacity to solve problems. We also wish to express our deepest sympathies over the tragic situation in refugee camps in West Timor. We hope the Indonesian Government will take the necessary measures to improve the security environment and create the necessary favourable conditions for the return of international personnel to work with refugees. We also believe that given the gradual improvement in the security situation, the Office of the United Nations High Commissioner for Refugees (UNHCR) and other international agencies should, as soon as possible, return to West Timor to provide assistance to the refugees, who are badly in need of help. We also note that the Security Council mission presented a number of recommendations in these areas. The implementation of these recommendations cannot be carried out without the understanding and cooperation of Indonesia, especially as concerns the dispatch of security experts to West Timor and the payment of pensions. We hope that UNTAET can further enhance communications and consultation with the Indonesian Government. Finally, I wish to express our appreciation and support for Mr. Vieira de Mello and UNTAET for the considerable amount of work they have done. The Chinese Government will, through bilateral and multilateral channels, continue to provide assistance to East Timor to the extent of its ability.

My delegation thanks Mr. Vieira de Mello for the candid, focused and comprehensive briefing he has given us just now. Malaysia values greatly the progress made so far by the United Nations Transitional Administration in East Timor (UNTAET) and congratulates the Special Representative for his leadership and tireless efforts in spite of the many challenges that he faces. We also pay tribute to all of his colleagues and to the entire staff of UNTAET. As a member of the Council’s recent mission to East Timor, led by Ambassador Martin Andjaba, to whom I pay tribute, I am impressed with the positive results achieved thus far by UNTAET. These include the increased involvement of the East Timorese in creating and building institutions of governance, the cooperation which has been developed between UNTAET and the Government of Indonesia, and the commitments received from the international community in support of East Timor’s reconstruction and rehabilitation process. As we heard from Mr. Vieira de Mello this morning, UNTAET is Timorizing its administration, working with the East Timorese leadership to develop a timetable for the drafting of a constitution, the setting up of elections, and the achievement of independence. However, as has been indicated by Mr. Vieira de Mello himself, this progress has not always been smooth. We do not underestimate either the current difficulties in areas such as reconstruction and administration of justice, or the enormity of the challenges that remain before independence, which is currently projected for the latter half of 2001. The active involvement of the international community, including the Council, remains indispensable. Like other Council members, we remain concerned at the plight of refugees still living in the camps in West Timor. We are appreciative of the efforts made thus far, which will allow the speedy return of the Office of the United Nations High Commissioner for Refugees (UNHCR) and other agencies to camps in West Timor. In this regard, we welcome the commitment made by the Government of Indonesia to cooperate with the United Nations and other international agencies, which will enable UNHCR and other humanitarian workers to return to West Timor. We look forward to the early evaluation of the security situation, so as to expedite the early return of these international workers. We also agree that all stages of the recent process must be carried out in safety and security, and that the process of registering remaining East Timor refugees should begin expeditiously. Malaysia continues to place a high priority on the emergence of a future independent East Timor that is stable and secure and has good relations with Indonesia and its other neighbours. We believe that the future peace and stability of East Timor will depend on full and early reconciliation, not only among the people of East Timor themselves but also between East Timor and its immediate and important neighbour, Indonesia. We therefore welcome the efforts being made by the Special Representative in this direction. We also acknowledge the positive and constructive efforts and role of Indonesia in this regard. In the context of national reconciliation — that is, reconciliation among the East Timorese themselves — the issue of justice must be appropriately addressed, as there will be no genuine or lasting reconciliation without justice. This issue will most probably be fully addressed by the leadership of an independent East Timor, but UNTAET can play an important role in paving the way for that process. My delegation is pleased to note that UNTAET has, in fact, initiated important steps in that direction, in terms of both facilitating reconciliation talks and strengthening East Timor’s capacity to deal with the issue of meting out justice. The international community and the Council must continue to support these efforts as well as other efforts undertaken by UNTAET. We share the Council’s resolute tone in condemning the crimes committed against United Nations personnel. In this regard, we welcome the serious efforts being made by the Indonesian Government, including the recent passage of an important human rights law to address this issue in a more expeditious fashion. Last week, the Council heard from the leader of the Council mission, Ambassador Andjaba, who apprised us of the results of the mission’s trip to the region. The observations and findings of the mission are clear and unambiguous and give us hope that progress can be made on the speedy implementation of resolution 1272 (1999) and 1319 (2000), respectively. We are gratified that the visit of the mission has had an overall positive impact, particularly as concerns the issue of refugee return to East Timor. We are pleased to note that last Wednesday, more than 400 refugees returned to East Timor, the first to do so since the 6 September Atambua incident. It is our hope that this will mark a turning point. Our efforts to overcome the immediate challenges that we have stressed today must lead to our long-term goal of successful and peaceful nation-building in East Timor. We urge the international community to continue to support UNTAET, so that the progress achieved over the past 13 months will be sustained. In this respect, Malaysia would like to reiterate its continued commitment to cooperate to the best of its ability with UNTAET and the people of East Timor in their efforts to build a peaceful and democratic nation. Finally, my delegation is favourably disposed towards many of the proposals and suggestions made by Mr. Vieira de Mello during his presentation this morning. As in the past, we wish to assure him of our continuing and sustained support for all of his efforts.

We, too, would like to express our gratitude to Mr. Sergio Vieira de Mello for his comprehensive briefing. Russia deeply appreciates the work he is doing as Special Representative of the Secretary- General and head of the United Nations Transitional Administration in East Timor (UNTAET). Today’s meeting underlines an important stage in the development of events in East Timor. In this connection, we are pleased to note the largely successful results achieved by UNTAET during the first year its work. UNTAET has made noticeable progress towards the achievement of its goals by helping to move the territory towards a comprehensive form of self-determination. UNTAET has done very important work in preparing for the forthcoming elections, be it in the area of practical matters such as the registration of the East Timor population or in the area of a detailed discussion of what kind of election should take place first. Finally, we note some progress in preparing the East Timor defence forces. We believe all these positive signs give us grounds for optimism with regard to developments in East Timor. Together with other Council members, the Russian delegation expresses its satisfaction with the successful Security Council mission to Indonesia and East Timor. We feel that it made a specific contribution to ensuring peace and security in that region of the world. One of the most acute problems in resolving the East Timor situation continues to be the situation of refugee camps in West Timor and the activities of the pro-integrationist militias. Unfortunately, we must note that the militia is continuing to persecute and intimidate the refugees, and consequently they are not yet free to choose. We are counting on the Indonesian authorities to take measures to resolve these problems. At the same time, we have drawn attention to Mr. Sergio Vieira de Mello’s assessment of certain progress made in the area of repatriation. We hope that this trend will be strengthened. We also wish to draw attention to the fact that in the Security Council mission’s report and in Mr. Vieira de Mello’s briefing repeated reference has been made to cooperation with the Indonesian Government. We think this is a very important point, one that supports the theory that success, whether of the Security Council mission or, in broader terms, in resolving the situation in East Timor as a whole, should be based on constructive cooperation with Indonesia.

I also wish to thank Mr. Sergio Vieira de Mello for his visit to New York and for the briefing he just gave us on the progress made and on his future plans. I also wish to thank Ambassador Andjaba, the leader of our mission, for the manner in which he managed the Security Council mission and led discussions and contacts with all the parties we met with. It was successful on more than one count. Above all, thanks to the understanding and cooperation of all parties, it made it possible to begin a constructive dialogue and to clarify the course to be followed for the future of the subregion. The Security Council mission’s visit to East Timor, at the invitation of Mr. Vieira de Mello, and to Indonesia, at the invitation of the Indonesian Government, was thus positive, and it will enable us, we hope, to move ahead in the gradual and smooth resolution of certain aspects of the situation in order to pacify that region and strengthen peace and security there. In that context, a point of paramount importance that must be emphasized, in my delegation’s view, is the will of the Indonesian and East Timorese authorities to turn a new page in their bilateral relations, which, according to the views we have heard from both sides of the border, are based on a future approach that the international community should support politically through increased financial and institutional assistance. On the ground we saw the work achieved by the Secretary-General’s Special Representative in record time and with very limited resources to help the East Timorese take control of their future and prepare for their independence, in accordance with the process described by Mr. Vieira de Mello. We must emphasize our great satisfaction with and respect for the work achieved by the United Nations Transitional Administration in East Timor (UNTAET), particularly by Mr. Vieira de Mello, who deserves to be commended. The personal commitment of the Secretary-General’s Special Representative to implement Security Council resolution 1272 (1999) has been the sole guarantee for success in meeting this major challenge, particularly in view of the various obstacles and problems faced by the Transitional Administration throughout this period. Our visit to East Timor was a fresh opportunity to see at first hand the major progress made in just over one year in the areas of security, law and order and the humanitarian situation, thanks to UNTAET’s efforts. This was confirmed by the members of the Security Council mission who were in East Timor after the elections. We must continue to support UNTAET’s work in the various areas that require additional human and financial resources. Above all, in our view, the Secretary-General’s Special Representative should be given flexibility, for he alone can determine priorities and their urgency. Having witnessed what has been accomplished and what should be accomplished, we believe that this possibility should be explored. The judicial sector, which is so necessary for reconciliation, is among the pressing matters to be resolved. During our visit we noted the sincerity and express will of the Indonesian authorities at the legislative and executive levels, as well as of non-governmental organizations, to take the political, legal and legislative steps necessary to find solutions to the issues raised. In this context, we encourage Indonesia to continue this approach to the various issues, such as the arrest and the prosecution of suspects, the collection and destruction of weapons, the return of refugees, the disarming of militias and a commitment to ending their activities. We believe this very complex and delicate process initiated by the Indonesian Government must be commended, and that the cooperation necessary between the Indonesian authorities and UNTAET must be strengthened in order to deal successfully with all aspects of the matter. This cooperation must be supported and followed up by the international community in order to swiftly put into effect a strategy to speed up the repatriation and resettlement of refugees under good conditions and to begin the registration process under the auspices of the Indonesian Government, with the participation of the international humanitarian agencies, particularly the Office of the United Nations High Commissioner for Refugees, and on the basis of the freely expressed choices of those involved. All actions must be coordinated among all the parties concerned through agreed mechanisms, such as the Joint Border Commission, which will hold its first meeting this week in Jakarta, the bilateral commission, the security commission and so forth. The aim is to achieve reconciliation within East Timor, between Timorese in Indonesia and, finally, between Indonesia and East Timor. These are two neighbours that must coexist and cooperate for a common future. This is what we have heard from the leaders of both countries. Obviously, the success of this undertaking will require resources and, above all, time to avoid deterioration. The complexity and the interdependence of the matters under consideration, which have been noted in the report of the Security Council mission, call for the matter to be considered as a whole. It could be prejudicial to try to fragment the approach or to establish priorities without taking into account interrelated parameters or the local political environment, which should be considered. The resolution of the situation should not create other problems whose implications could have incalculable consequences. We believe this is the appropriate approach to resolving all the aspects mentioned in the mission’s report with the requisite calm and the greatest chances for success. It must be remembered that we are dealing with the emergence of a new State, where provincial borders have suddenly become international borders, with all that that implies in terms of new parameters to be assimilated over time. We have taken note of the fact that the East Timorese and Indonesian leaders are conscious of this. We must continue to encourage them, as Mr. Sergio Vieira de Mello has been doing. We again thank and support him for the work that he is undertaking pursuant to the mandate given to him by the Security Council — a mandate that is strengthened by his skill and by the renown that he enjoys in both East Timor and Indonesia.

I wish to join others in welcoming the Special Representative of the Secretary- General and Head of the United Nations Transitional Administration in East Timor (UNTAET), Mr. Sergio Vieira de Mello. I thank him for his comprehensive briefing, which has yet again given us an insight into the process currently under way in East Timor. I also wish to take this opportunity to thank the Security Council mission to East Timor and Indonesia, under the outstanding leadership of Ambassador Martin Andjaba of Namibia, for its invaluable work. Upon their return, the members of the mission made clear to us the scope and nature of the progress and challenges faced by UNTAET. The findings of the mission increased our understanding of the realities of the situation and have, undoubtedly, better informed our discussions and decisions. My delegation continues to recognize the numerous challenges faced by UNTAET as it seeks, in collaboration with the people of East Timor, to prepare East Timor for full self-governance and to take its place in the international community as an independent country, in accordance with resolution 1272 (1999). Mr. Vieira de Mello’s briefing today reinforces the findings and conclusions of the Security Council mission. My delegation has noted the progress which has been made in a number of areas. We note in particular that the mission was impressed by the tremendous progress being made in implementing the mandate given to UNTAET. We were pleased to hear Mr. Vieira de Mello’s statement on the reconstruction of East Timor. We agree that the creation of the East Timor defence force is an essential part of the transition process. We recognize that without internal and external security the efforts to develop East Timor will indeed be in vain. We commend those Governments that have committed themselves to this effort, and we wish to emphasize that the future security of East Timor must not be left to chance. We support the idea that an international presence will be necessary in East Timor after independence. My delegation has been emphatic in the past in stating that the involvement of the East Timorese in charting their own future is an indispensable element in the creation of a sustainable East Timor and in reducing possible gaps when UNTAET’s mandate fully comes to an end. Mr. Vieira de Mello has indicated that the Timorization of the transition process is well advanced and that the handover of governance to the East Timorese will be a process, not merely an event. I would like briefly to address the refugee situation. The long-planned return, organized by the Office of the United Nations High Commissioner for Refugees and the International Organization for Migration, of over 65 ex-Indonesian Armed Forces reservists from East Timor (MILSAS) and their families, which has now taken place, is a welcome development. What now appears to be an early sign of the development of a trend in the return of refugees from West Timor must be encouraged. We hope that this will receive priority attention. We also urge the international humanitarian community to deal expeditiously with the humanitarian situation in the West Timor refugee camps. Mr. Vieira de Mello has identified a number of concerns with regard to the inability to establish a fully functioning judicial system. We are cognizant of the challenges and constraints, particularly the absence of resources and the lack of adequate local capacity. This hindrance to bringing to justice those responsible for the gross human rights violations in East Timor in 1999 cannot be allowed to remain. We look forward to UNTAET’s review of the justice sector, and trust that a solution to this pressing problem will be found without further delay. The continued denial of justice can only have a negative impact on the process of reconciliation. The efforts of UNTAET in building local capacity and preparing the East Timorese, as my delegation stated earlier, are, indeed, critical. We have noted the efforts in this regard. My delegation continues to support all efforts to this end. The timetable and mechanisms to take East Timor to full independence, as outlined by Mr. Vieira de Mello, will, when implemented, redound to the benefit of the East Timorese people and augur well for their future. A week ago, the Security Council engaged in a very important debate on exit strategies for peacekeeping operations. As UNTAET moves forward in the transition process, we must ensure that the institutional structures being put in place can and will stand the test of time. Even though it is not possible to predict the future, we can take the necessary measures to ensure that the future of an independent East Timor will be built on a solid foundation. In this regard, it is of the utmost importance for all the relevant organs and agencies of the United Nations to become fully engaged in this process. We must not seek to avoid our responsibilities. Our eventual withdrawal from East Timor must stand as an example of the will of the United Nations to get peacekeeping right. Jamaica fully supports this endeavour.

I should like to welcome the Special Representative of the Secretary-General, Mr. Sergio Vieira de Mello, and to thank him for his presentation which, as usual, was highly instructive. I should also like to congratulate the Security Council mission to East Timor and Indonesia, led by Ambassador Andjaba, on the quality of the report that it submitted to us. The clear recommendations that were formulated will certainly further support the transition of East Timor to independence. With regard to the implementation of resolution 1272 (1999), my delegation welcomes the measures taken by the Special Representative to further support the capacities of the national police and the judiciary. The measures suggested to this end enjoy our full support. The progressive neutralization of the militia activities is to be welcomed. However, we believe that we must continue to be vigilant and support East Timor even after independence. At the political level, my delegation welcomes the great progress made towards independence and the further Timorization of public life. We urge the international community to maintain its support for the activities of UNTAET until this lofty mission has completed its work. We are all committed to it and to an independent and stable East Timor. With regard to resolution 1319 (2000), my delegation is still concerned about the very high number of refugees remaining in West Timor, and we therefore support the recommendations made by the Security Council mission. It is essential for concerted and coordinated activities to be urgently undertaken with the Indonesian Government so as to speed up the process of the safe return of the refugees. Such an approach should also apply to the exercise of justice by the Indonesian Government with regard to those who are found responsible for serious human rights violations in East Timor. In conclusion, I would like once again to pay tribute to UNTAET and to ask it to stress national reconciliation and justice and to intensify cooperation with Indonesia. The resolution of several key issues depends on this work.

I will speak in my national capacity, but I would like to evoke the general nature of the European Union’s interest in the situation in East Timor. My statement on this issue will of course take into account the positions taken by the European Union in this matter. We are very happy to see here at this table once again the Special Representative of the Secretary- General, Mr. Vieira de Mello. We would like to repeat here how truly impressed we are by the work done by the Special Representative and by all the civilian and military staff of the United Nations Transitional Administration in East Timor (UNTAET). Despite the difficulties encountered in areas such as the reconstruction and the administration of justice — difficulties described just now by Mr. Vieira de Mello — the progress made during the last year is significant and should be very warmly welcomed. We were quite interested to read the report of the Security Council mission to East Timor and Indonesia, which was led by Ambassador Andjaba. We consider the mission’s recommendations excellent, and we call on all the parties involved to implement these recommendations immediately. As regards the implementation of resolution 1272 (1999), we endorse the comments made by the Council mission on the need to continue and speed up the Timorization of the administration — a point that was made just now by Mr. Vieira de Mello. We welcome the establishment of the National Council made up exclusively of Timorese people. With a view in particular to the independence planned for next year, we think that policy of strengthening the national capacities must proceed systematically so as to facilitate the transition. The Timorese people’s assuming control of their own affairs must be accompanied by a restructuring of UNTAET, and some reflection on the economic, financial, technical and security assistance that should be provided to East Timor by the international community following independence. Like the Council mission, we believe the Secretariat, the United Nations Development Programme and other competent bodies should begin to plan for the United Nations presence after UNTAET leaves. We would like to thank Mr. Vieira de Mello for all the information he has provided about the schedule of political events that the East Timorese expect to undertake next year. These events are the organizing of a constituent assembly, drafting a constitution and ensuring a smooth transition, as Mr. Vieira de Mello put it, to independence. We fully endorse the comments by the Council mission to the effect that UNTAET needs to help the Timorese establish an operational judicial system to meet their needs. The international community should support this objective. We also totally endorse the concrete and practical recommendations made by the Council mission to implement the various provisions of resolution 1319 (2000). In particular it is essential that the refugees from West Timor be rapidly repatriated and resettled in such a way that their security and freedom of choice are effectively guaranteed. In this regard we were pleased to see that on 21 November former Indonesian Army auxiliary soldiers were successfully repatriated to East Timor. We hope that such an operation can be repeated. We are encouraged by the initial steps that the Indonesian authorities have taken to disarm and dissolve the militias. These militias continue to be responsible for too many acts of violence, intimidation and disinformation in both West and East Timor. We thus urge the Indonesian Government to continue all the necessary efforts to bring to justice those responsible for crimes against the local peoples or against international personnel. The recent arrest of six people believed involved in the Atambua tragedy was encouraging. Like the Council mission, we believe that the establishment of relations of trust and good neighbourliness between East Timor and Indonesia is indispensable. We welcome the first steps taken by UNTAET and the Indonesian Government to this end, and we hope that the very next meeting of the Joint Border Commission — which Mr. Vieira de Mello said was to be held on Thursday — will be held in a positive atmosphere. We also welcome the Indonesian Government’s acceptance of the coming of a United Nations security team to West Timor. All of these measures are indispensable if the international community and the humanitarian agencies can return to West Timor to help in the repatriation and resettlement of refugees. In conclusion, I would just like to confirm my country’s — as well as the European Union’s unwavering support — for the leaders of the people of East Timor. The next donors’ meeting, which is to be held in Brussels in early December, will be an opportunity for us to confirm our commitment. We call on other donor countries and entities to participate actively in the Brussels conference alongside our European Union partners. I would like to ask the Special Representative one rather technical question. In his introductory statement he talked about easing the administrative and financial procedures, in particular, with regard to using resources from UNTAET’s budget for infrastructure expenses. As we understand it, this is a priority for the Special Representative, and it should be taken up as soon as possible by the Fifth Committee. To help our representatives in the Fifth Committee, we would like to know whether Mr. Vieira de Mello is at present able to tell us the amount involved and whether he thinks this is just a redeployment of the current UNTAET budget.

I will now make a brief statement in my national capacity. It is specifically on behalf of the Netherlands that I wish to express my heartfelt thanks to Sergio Vieira de Mello. It is probably the last time that the Netherlands as a member of the Security Council will hear him report on East Timor, and he and his staff of dedicated people are doing a superb job in the face of enormous challenges which, as Ambassador Soderberg pointed out, are rarely reported in the press because the operation is going so well. It is clear from the report of the Security Council mission and from Mr. Vieira de Mello’s briefing today that the international community will have to sustain its commitment to East Timor for some time to come. We therefore fully agree with the draft presidential statement submitted by the United Kingdom — which statement underlines the need for a strong international commitment to East Timor after independence, inter alia, through the provision of financial, technical and security assistance. This month the Dutch presidency has devoted special attention to exit strategies — that is, to the question of how to wind up a peace operation after its objective has been realized. It is clear that the theme is also very relevant for East Timor. Not so long ago my delegation expressed its concern about the tendency of some of us — both Member States and those within the Secretariat — to underestimate the time it will take for East Timor to be able to face all the challenges of an independent State, including external security, on its own. We are relieved to note that in this respect there has been a striking change of heart. We welcome the new atmosphere of realism. Only by being both committed and realistic can we hope to bring the East Timor operation to a successful conclusion. I will now resume my function as President of the Council and give the floor to Mr. Vieira de Mello to respond to comments and questions from members of the Council. Mr. Vieira de Mello: Before I respond, Mr. President, may I request you to please convey to His Royal Highness, Prince Willem-Alexander, the Crown Prince of the Netherlands, my gratitude for his presence this morning until only a few minutes ago, and my gratitude for his message of support to me and to the United Nations Transitional Administration in East Timor (UNTAET). Let me also thank you, Mr. President, and the other members of the Council for the strong support once again expressed today for our mission. This is extremely important to me and to my colleagues, but, more important, to the East Timorese leaders and people. I have a few comments on points that were made by practically all members of the Council, first on the question of the refugees in West Timor and the need for proper registration, the need for them to be able to exercise a free choice either to return in safety to East Timor or to remain and integrate in Indonesia with international support. This is clearly key to the success of our mission, including to the conduct of a free, fair and comprehensive democratic electoral process next year. I thank the Council also for what all members said about the need to improve our resources and capacity-building in the area of the judiciary, particularly with regard to the investigation and prosecution of serious crimes. I thank in particular Ambassador Soderberg of the United States for her clear indication that the United States will consider as a matter of urgency the appeal for additional human resources, not least investigators, for East Timor. I often compare the situation we found ourselves in on 13 June last year, when we entered Kosovo with the benefit of considerable human resources for the investigation of serious human rights abuses in that territory, and the lack of such resources as we went into East Timor and until today. Please help us; please respond urgently to the request that we will be circulating informally to members of the Council and other potential supporters. I am also grateful for what several delegations said about the need for an East Timorese defence force, its development and its training in the very near future. There again we need fresh resources, because, as the Council knows, there is absolutely no provision for this purpose in the East Timor consolidated budget. Many speakers — indeed, practically all — welcomed the establishment of the Joint Border Commission and expressed the wish that we transform it swiftly into a body for regular high-level contacts to address and resolve the wide-ranging issues that exist at present on the bilateral agenda and that are of mutual interest. Ultimately, I wish to restate here that we fully support the statement by all the members of the Council that East Timor and Indonesia must establish the strongest and the friendliest possible relations. These relations will obviously be mutually beneficial. That is indeed our policy, and I should point out that our Director for Political, Constitutional and Electoral Affairs, Mr. Peter Galbraith, has been in Jakarta since Sunday. He had yesterday, and was planning to have today, a number of meetings. He reported on an extremely fruitful meeting he had yesterday with Coordinating Minister Bambang Yudhoyono, in preparation for a visit that I also intend to pay to Jakarta in the very near future. Thank you also for everything you said about the flexibility in the use of the resources under the assessed budget of UNTAET and on the question of its assets. Concerning the preparation for the post- independence period, I wish to thank again the leader of the Security Council mission, Ambassador Martin Andjaba, for the strong recommendation he made in his report, and you, Mr. President, for the very supportive letter that you have written to the President of the General Assembly. (spoke in French) In reply to the specific question posed by Mr. Doutriaux on this subject, I cannot give an estimate as to the use of resources from UNTAET’s budget as such in support of the activities of establishing this new administration that will become independent, we hope, towards the end of next year. We have made several practical suggestions about the use of UNTAET’s budget — for example, for the training of an increased number of Timorese police and for the rehabilitation of the physical infrastructure of the new Timorese judiciary. We will certainly be able to give you and the Fifth Committee some concrete proposals. As you have indicated, we will obviously remain within the limits of what is reasonable, according to the estimates of the Fifth Committee and the Advisory Committee on Administrative and Budgetary Questions (ACABQ). Thank you for giving us the opportunity of making specific recommendations for the current UNTAET budget or for the next one, according to the duration, obviously, of the mandate that you will give us at the end of the month of January. (spoke in English) I turn to other specific questions. Ambassador Soderberg of the United States and Ambassador Wang Yingfan of China asked me about the latest update on the bilateral discussions and on the question of pensions. Unfortunately, we have not had any bilateral negotiations with Indonesia since our last round in July. This is clearly unsatisfactory. We must agree on the date of our next bilateral meeting, as distinct from the Joint Border Commission meeting. The question of pensions figures very high on the agenda of our bilateral discussions. We had managed to reach partial agreement on the question of pensions to be paid by the Government of Indonesia to its former East Timorese civil servants, and I believe that further progress can be made as soon as we meet again. I will request the leader of our delegation to the Joint Border Commission meeting to propose dates for the next round of bilateral discussions. Ambassador Andjaba, supported by Ambassador Eldon, Ambassador Chowdhury, Ambassador Wang Yingfan and Ambassador Ward, requested that, as part of the renewal of UNTAET’s mandate at the end of January, the Secretariat should submit recommendations on the presence of the United Nations after independence, and stated that planning should start soon for that to happen. I thank him for that. We fully agree with you, Ambassador Andjaba, as we discussed with you and other members of the Security Council mission in Dili, and I will certainly share your request with my colleagues in the Department of Peacekeeping Operations, who should be in a position to provide you with a general blueprint on how we see the United Nations presence in East Timor after independence at the time when the Secretary-General submits his report to this Council in January. Ambassador Eldon clearly pointed out that the question of the recruitment of senior civil servants must be addressed as a matter of priority in the process of Timorization. He asked how we intended to do that. We began discussing this in Cabinet last week and will continue, tomorrow, Wednesday. The two main challenges we face are that many skilled, competent East Timorese do not live in East Timor, and it is, as can be imagined, difficult to provide them with the necessary incentives to return and help us fill the gap that presently exists in the recruitment of the new civil servants of East Timor. Secondly, the salary scale of the East Timorese civil service is clearly not competitive, even though I must say that partners of UNTAET, in particular the International Monetary Fund (IMF), felt that our salary scales were perhaps too high in terms of their longer- term sustainability. That is the dilemma we face. How we might be able to resolve this quandary is what Cabinet, and later the national council, will need to address, but I assure Ambassador Eldon and other members of the Council that we are giving the matter the highest priority. Ambassador Heinbecker of Canada asked me to assess the chances of agreement on a transit arrangement between the enclave of Oecussi and the rest of the territory of East Timor. As the Council knows, that has also been on our agenda of bilateral discussions with the Government of Indonesia. Clearly, the insecurity that prevailed in West Timor in September and October made further discussions on this subject extremely difficult, but it is a matter to which we shall continue to give top priority, not least because the population of the enclave must be provided with the basic right of moving freely within East Timorese territory, and at present the only way they can do so is by using barges that are put at their disposal by UNTAET, not least by the UNTAET military, which is most unsatisfactory, in addition to being very unsafe. We are also looking into the possibility of establishing a regular ferry service with the enclave as well as with the island of Atauro, but for that we would need additional financial resources. I will be presenting this need to the donor conference in Brussels next week. Once again, Mr. President, many thanks for giving me this opportunity to report to the Council on the latest developments in East Timor, and I once again thank the Council for its strong support.

I thank Mr. Vieira de Mello for his answers, comments and clarifications. There are no further speakers on my list. The Security Council has thus concluded the present stage of its consideration of the item on its agenda.