1999 East Timorese independence referendum
An independence referendum was held in Indonesian-occupied East Timor on 30 August 1999, organised by United Nations Mission in East Timor. The referendum's origins lay with the request made by the President of Indonesia, B. J. Habibie, to the United Nations Secretary-General Kofi Annan on 27 January 1999, for the United Nations to hold a referendum, whereby East Timor would be given choice of either greater autonomy within Indonesia or independence.
Voters rejected the proposed special autonomy, leading to their separation from Indonesia. This led to mass violence and the destruction of infrastructure in East Timor, before the UN Security Council ratified the resolution on 15 September for the formation of a multinational force to be immediately sent to East Timor to restore order and security and end the humanitarian crisis. East Timor would officially achieve recognised independence on 20 May 2002.
By many Indonesians, the referendum is also called the East Timorese people's consultation, since the referendum required a People's Consultative Assembly resolution to revoke its previous 1978 resolution if the majority of voters rejected the proposal.
Background
Indonesia had initially invaded East Timor in December 1975, soon after the Revolutionary Front for an Independent East Timor, had declared the territory's independence. Indonesia annexed East Timor the following year, and under President Suharto, its occupation of the territory was often characterised by violence and brutality. Indonesian occupation and annexation of East Timor was not recognised by United Nations. Up until 1999, Indonesia was faced with constant pressure and criticism from the United Nations and the international community regarding its occupation of East Timor. The Dili massacre on 12 November 1991 increased international attention on the situation and further pressured Indonesia. More pressure on Indonesia followed when two East Timorese leaders - Bishop Carlos Ximenes Belo and José Ramos-Horta - received the Nobel Peace Prize in 1996.B.J. Habibie succeeded Suharto in March 1998, and sought reform on the East Timor issue with international pressure mounting. Visiting diplomats from various countries such as Austria and the United Kingdom arrived in East Timor and in June 1998 affirmed that the East Timorese people should have the final decision regarding the region's commitment to Indonesia. In July, in the United States Senate, a resolution backed a United Nations led and supervised referendum for the East Timor to decide their attachment to Indonesia. On July 24, President Habibie decreed a series of withdrawals of Indonesian forces from the region. East Timor youths from July to September 1998 conducted a free speech campaign that demonstrated to the "UN and the Indonesian government their rejection of autonomy and endorsement of an UN-supervised referendum."
The Indonesian government was going through a period of reform during this period. It had invested largely in East Timor and Habibie faced pressure to protect Indonesia's interests in the territory, particularly from Indonesia's security branches: Dephankam, TNI and Deplu. Hoping to have East Timor accepted by the international community as a legitimate part of Indonesia, on January 27, 1999, Habibie announced that East Timor would be permitted to vote on accepting "autonomy" within Indonesia. If special autonomy in Indonesia was not accepted, then East Timor would be allowed independence. Many international and East Timorese leaders, including the jailed resistance leader Xanana Gusmão, asked for a five-to-ten year transition period, recognising that a quick all or nothing ballot could prove disastrous.
In the preceding months, President Habibie had made various public statements whereby he mentioned that the costs of maintaining monetary subsidies to support the province were not balanced by any measurable benefit to Indonesia. Due to this unfavourable cost-benefit analysis, the most rational decision would be for the province, which was not part of the original 1945 boundaries of Indonesia, to be given democratic choice on whether they wanted to remain within Indonesia or not. This choice was also in line with Habibie's general democratisation program in the immediate post-Suharto period.
As the follow-up step to Habibie's request, the United Nations organised a meeting between the Indonesian government and the Portuguese government. On 5 May 1999, these talks resulted in the "Agreement between the Republic of Indonesia and the Portuguese Republic on the Question of East Timor" which spelled out the details of the requested referendum. The referendum was to be held to determine whether East Timor would remain part of Indonesia, as a Special Autonomous Region, or separate from Indonesia. The referendum was organised and monitored by the United Nations Mission in East Timor and 450,000 people were registered to vote including 13,000 outside East Timor.
The UN Consultation, originally scheduled for 8 August 1999, was initially delayed until 30 August due to the deteriorating security circumstances created by Jakarta-backed militia violence.
Proposed autonomy for East Timor
The agreement between the Indonesian and Portuguese governments included a "Constitutional Framework for a special autonomy for East Timor" as an annexe. The framework would establish a Special Autonomous Region of East Timor,, within the unitary state of the Republic of Indonesia.Competencies
The agreement between the Indonesian and Portuguese governments included a "Constitutional Framework for a special autonomy for East Timor" as an annexe.Under the proposed framework, the Indonesian government would have retained control of defence, employment law, economic and fiscal policies and foreign relations, whilst Indonesian laws already in force would have continuity in the territory. The autonomous government would have had competence over all matters not reserved for the Government of Indonesia.
The autonomous region would have a coat of arms as a symbol of identity. The flag and national anthem of Indonesia would continue to be used within the region.
The regional government would be able to designate persons as having "East Timorese identity" and could limit rights of franchise and land ownership for persons without this identity. A person who was a legal resident of East Timor prior to December 1975, a person with at least one parent or grandparent being a legal resident of East Timor prior to December 1975 or a person who had resided in East Timor for at least 5 years prior to May 1999 would be deemed to have East Timorese Identity.
The SARET could enter into agreements with local and regional governments and international organisations for economic, cultural and educational purposes.
A team representing the SARET would have been entitled to participate in cultural and sporting events where other non-state entities are able to participate.
Institutions
The Constitutional Framework for a special autonomy for East Timor defined the legislative, executive and judicial organs of the autonomous region.;Legislative branch
The legislature of the SARET would have been a Regional Council of People's Representatives, which would be elected on the basis of universal suffrage by persons with East Timorese identity.
;Executive branch
The executive branch would consist of a Regional Governor, appointed by the President of Indonesia on the advice of the SARET legislature, who would then nominate an advisory board.
;Judiciary
The SARET would have had an independent judiciary including Courts of First Instance, a Court of Appeal, a Court of Final Appeal and a Public Prosecutor's Office. A traditional civil code could also have been adopted.
;Law enforcement
The SARET would have had its regional police force. Defence would remain the responsibility of the Indonesian National Armed Forces.