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The Role of Timor Leste in Espousing Regionalism to enhance Stability and Cooperation

 

Presented by

Counselor Roberto Soares, MBA

At 2^nd Timor Leste ASEAN Series Dialogue Meeting in Dili, on 3rd-4th December 2007 

Presentation Outline 

• Constitutional Mandate
• Diplomatic Strategy for Timor Leste to attain the status of official observer to ASEAN
• Diplomatic strategy for Timor Leste to obtain the consent to accede to the treaty of amity and cooperation in Southeast Asia (TAC)
• Diplomatic Strategy for Timor Leste to secure membership in the ASEAN Regional Forum (ARF)
• ASEAN Regional FORUM (ARF) Activities
• Priorities
• Recommendation

  Constitutional Mandate 

• The section 8 of the constitution states that relation of friendship and cooperation with all other peoples shall be governed by the principles of national independence, the right of peoples to self-determination, mutual respect for sovereignty, territorial integrity and equality among states, and the non-interference in the domestic affairs of other states;

 

• On matter of international relations, section 8, item 2 of the RDTL constitution states that “The Democratic Republic of East Timor (officially known Timor Leste) shall be establish relations of friendship and cooperation with all other peoples, aiming at peaceful settlement of conflict, the general, simultaneous and controlled disarmament, the establishment of collective securityand the establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples.”

 

• Timor Leste’s strategic interest are defined as both political and economic, the NDP also identifies specific policies and programs in various sectors that have important implications for the conduct and management of the country’s external relations. These include maintaining relations with the entire community of International donors who support the development programs of the country and development of trade legations with close trading partners as well as trade-oriented relationship with regional multilateral associations, including ASEAN and PIF.

 Diplomatic Strategy for Timor Leste to Attain the Status of Official Observer to ASEAN 

·        Before the country restored its independent on 20^th May 2002, H.E. Dr Ramos Horta, as Foreign Minister in ETPA and with the approval of the council Ministers, written a letter on 22 November 2001 to the chairman of the ASEAN standing Committee with the request that East Timor (Timor Leste) be considered for acceptance as Observer to ASEAN;

·        Circumstantially, without any written recommendation by ASEAN Senior officials, the application of Timor Leste for observer status came up for discussion during an informal meeting of ASEAN foreign ministers in Phuket (Thailand) in February 2002.

·        A decision was taken to the effect that the request for observer status by Timor Leste is left in abeyance.

·        Nonetheless, it was decided that Foreign Minister of Timor Leste be invited to the 2002 Annual ASEAN Ministerial Meeting (AMM) in Brunei Darussalam as Guest of the Chairman of ASEAN Standing Committee(i.e.the foreign minister of the country hosting the AMM).

·        This means Timor Leste would have the status of being the Guest of ASEAN, an upgrading from the previews year’s status of only the host country, Thailand, at 2000 and Vietnam, at the 2001 AMM in Hanoi.

·        at the meeting of ASEAN SOM in Brunei Darussalam in March 2002, the SOM merely noted the decision which had earlier taken by the foreign ministers in Phuket.

·        The Foreign Minister of Timor Leste was invited to the 35^th AMM in Brunei Darussalam in July 2002. in the joint Communiqué of the  35^th AMM, the foreign ministers agreed to record the ASEAN position on the subject of Timor Leste as follows: 

“We welcomed the Democratic Republic of East Timor as a new member of international community and were prepared to engage East Timor in the long-term. We had invited East Timor to 35^th AMM and agreed to extend similar invitation for future AMMs. We noted East Timor’s intention to become observer to ASEAN and to accede to the TAC. We would continue to consult with East Timor on this matter”. 

·        Timor Leste wanted to be fully accepted into the ASEAN fold as soon as possible after restoration of independence. Some ASEAN member countries were prepared to accord observer status to Timor Leste without any further delay. Some others member countries preferred that the process take a longer time.

·        However, the formal response from the ASEAN side as a whole was less than expected, to say the lest.

·        In the language of regional diplomacy, the decision to delay according observer status to Timor Leste signals that certain period of adjustment and confidence building is required for both side, ASEAN as well as Timor Leste. It would be incumbent upon Timor Leste to undertake diplomatic lobby to ensure that this adjustment period do not remain any longer than necessary. 

The Question Raised Against Timor Leste 

·        The case of Timor Leste has suffered at the hand of the ASEAN “Consensus Formula” which serves as one of the guiding principles of the modus operandi of the ASEAN organization. The ASEAN tradition dictates, “Nothing agreed until every body agreed”. 

·        The following are some of the argument advanced by those ASEAN countries which did not agree to accord observer status to Timor Leste immediately but preferred that the process take a longer time. 

- Timor Leste is less of resources and not part of Southeast Asia which has been legally defined in the third paragraph of article 18 (as amended) of the Treaty of Amity and Cooperation (TAC).    Article 18 as whole read as follows: “this treaty shall be signed by the Republic of Indonesia, Malaysia, the Republic of the Philippines, the Republic of Singapore and the Kingdom of Thailand. It shall be ratified in accordance with the constitutional procedures of each signatory state”.

-         It shall be open for accession by other states in Southeast Asia

States outside Southeast Asia may also accede to this treaty with the consent of all states of Southeast Asia, namely: Brunei Darussalam, the kingdom of Cambodia, the Republic of Indonesia, the Lao Peoples’ Democratic Republic, Malaysia, the Republic of the Philippines, the Republic of Singapore, the kingdom of Thailand, and the Socialist Republic of Vietnam”

·       The argument continues that the article 18 needed to be amended first to include Timor Leste in Southeast Asia, only after that would be eligible for consideration to be official observer to ASEAN. 

·       Certain statements made in the pass by certain leaders of Timor Leste suggest that Timor Leste does not fully subscribe to the principle of “Non-interference in the internal affairs of one another”, which is considered one of the most fundamental principles governing the conduct of regional relations and enshrined as article 2 (c) of The TAC. 

·       Timor Leste’s request be observer is with a view to becoming a full member of ASEAN at some further date. Being the poorest country in the region, Timor Leste may attract all the attention and divert economic assistance (from ASEAN’s Dialogue Partners) away from certain existing member of ASEAN. 

·       ASEAN should wait until the overall thrust and direction of Timor Leste’s foreign Policy become clearer. Timor Leste may adopt policy positions on international issues which very different from those generally espoused by ASEAN countries. It may not fully committed to Southeast Asia regional solidarity.(ASEAN prides itself in speaking with one voice on many international issues). 

·       Some ASEAN members look to Indonesia for leadership on this case of Timor Leste’s application. Until now, Indonesia has adopted an attitude of “neither support nor oppose” the application of Timor Leste to be official observer to ASEAN. 

The answers to the questions raised against Timor Leste 

·        The application of Timor Leste to be observer to ASEAN is now on the agenda of the organization.

·        However, the wording of the 35^th  AMM Joint Communiqué carry the meaning that there would be no substantive movement of the agenda item on the forums of ASEAN unless one or more of its members take the step to suggest such forward movement. 

 ·        It is necessary therefore, for Timor Leste to undertake some diplomatic footwork to ensure that one or more of the ASEAN members do to take the necessary initiatives.

·        In this regard, the most relevant ASEAN forum which should be targeted to carry the matter forward is the ASEAN SOM. The ASEAN Foreign Ministers act on the advice and recommendations of the ASEAN SOM on a matter such as this.