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: East
Timor
Australian government blackmails East Timor into ratifying
oil and gas deal
By Rick Kelly
12 March 2003
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The long standing plan of the Australian government to maintain
control of East Timors oil and gas reserves reached its
dénouement late last week, as the East Timorese approved
the International Unitisation Agreement (IUA) after a systematic
campaign of threats and intimidation from Australia. The East
Timorese ceded 79.9 percent of the Greater Sunrise oil and gas
field to Australia, worth an estimated $50 billion, after the
Howard government threatened to withhold ratification of the Timor
Sea Treaty (TST), the royalties from which are desperately needed
by the tiny, impoverished nation.
Without Australian ratification by March 11, the TST would
have collapsed, with the US-based oil company Conoco-Phillips
unable to meet its contractual deadline for the extraction of
gas from the Bayu Undan field. Worth around $40 million a year,
the royalties from Bayu Undan are vital for the very survival
of independent East Timor, whose 2003-2004 budget
featured a massive deficit of $60 million, with total revenues
(excluding foreign aid) of just $75 million.
The Australian government bullied and blackmailed the Timorese
into an impossible positionhand over the lions share
of the massive Greater Sunrise reserves, or face the immediate
loss of the Bayu Undan royalties. The ultimatum made a mockery
of the Howard governments boast of generosity
in its offer of 90 percent of the revenue from the so-called joint
development zone covered by the TST (which includes the Bayu Undan
field).
Prior to East Timors separation from Indonesia, the massive
oil and gas reserves were covered by the 1989 Timor Gap Treaty
between Indonesia and Australia. This treaty (which was never
recognised under international law) rewarded Australia for its
backing of Indonesias brutal invasion and annexation of
the former Portuguese colony in 1975, and granted Australia a
large proportion of the seabed wealth by fixing the maritime border
in a manner highly favourable to Australia. The revenues from
the joint development zone were split 50-50 between Australia
and Indonesia.
The East Timorese have long rejected the border established
by the 1989 treaty and have insisted that it be set according
to the United Nations Convention on the Law of the Sea which would
draw the boundary at the half way point between the two states.
Under this internationally accepted principle the Bayu Undan reserve
covered by the TST would fall entirely within East Timorese territory,
as would approximately 80% of the Greater Sunrise reserves. Under
the IUA, East Timor now possesses only 20.1 percent of these reserves.
A border equidistant between Australia and East Timor would also
see the smaller Australian Laminaria/Corallina oil and gas project
fall on the Timorese side.
The Australian governments strategy to maintain possession
of East Timors resources centred on its refusal to permit
the redrawing of the maritime borders established with Indonesias
Suharto dictatorship. In March last year, the government announced
that it would no longer submit to maritime border rulings by the
International Court of Justice and the International Tribunal
for the Law of the Sea.
Having thus blocked any possibility of a successful legal challenge
to its claims all that remained for the Australian government
was to browbeat East Timor into submission. The thuggish nature
of the negotiations was laid bare last week when the
transcript of a meeting last November between Australias
foreign minister, Alexander Downer, and East Timors chief
minister, Dr. Mari Alkatiri, was leaked and published on the internet.
In the meeting, Downer explicitly linked Australias ratification
of the TST to East Timors agreement on the separate IUA
covering the Greater Sunrise reserves. We can stop everything,
Downer repeatedly threatened.
The meeting also featured the following extraordinary exchange:
Downer: Public opinion think[s] 90 percent [of the reserves
in the joint development zone] is very generous. We support the
TST which was adhered to and signed.
Alkatiri: It is not with generosity that you gave us 90 percent.
We have lost 10 percent.
Downer: We claimed 100 percent and we lost 90 percentI
think thats a pretty good outcome for you.
Alkatiri: Dont get upset, please speak calmly on this
issue. Our 100 percent claim is based on international law and
the equidistance line. It was not a random decision. The present
issue of generosityI do not accept.
After Alkatiri told Downer that we want to accommodate
all your concerns, but accommodating is one thing and scrapings
off a plate is another, Downer repeated his refusal to consider
modifying the boundaries, saying you can demand that forever
for all I care, you can continue to demand, but if you want to
make money, you should conclude an agreement quickly.
Downer went on to tell Alkatiri: I think your Western
advisers give you very poor advice that public opinion supports
East Timor in Australia. We are very tough. We will not care if
you give information to the media. Let me give you a tutorial
in politicsnot a chance.
With the Australian parliament taking a two-week recess, March
6 was the last chance for the government to ratify the TST before
the March 11 contract deadline. On March 5, Prime Minister John
Howard called Alkatiri, and again threatened to withhold ratification
unless East Timor ratified the IUA, thereby ceding 80 percent
of the multi-billion dollar Greater Sunrise reserves.
As a senior official close to Alkatiri told the Sydney Morning
Herald, It was an ultimatum. Howard said that unless
we agreed to sign the new deal immediately, he would stop the
Senate approving the treaty. Howards claim that his
call to Alkatiri had been totally civil and cordial
was later contradicted by Alkatiri himself who told the media
that, A lot of pressure was done from the Australian government,
which was not helpful for the whole process.
On March 6, the day after Howards threat, the East Timorese
called an extraordinary cabinet meeting and passed the Greater
Sunrise deal. Only when its tawdry oil grab was successfully completed
did the Australian government introduce the TST for ratification.
With Labor Party backing, the Petroleum (Timor Sea Treaty)
Bill 2003 was quickly passed by the federal parliament, demonstrating
once again that Australias nakedly imperialist relationship
with East Timor has only been possible because of Labors
role.
In 1975 the Labor Party recognised Indonesias invasion,
and in 1989 it was a Labor government that signed the Timor Gap
Treaty with Suharto. Neither Labor nor the Coalition parties have
ever allowed the widespread and deeply felt sympathy on the part
of ordinary Australians for the sufferings of the East Timorese
to interfere with Australias corporate interests in the
region.
It was left to the minor parties in the Senate to voice any
form of opposition. The Greens leader, Bob Brown, was especially
vociferous. This is the big oil companies, with the active
compliance of the prime minister, no less, defrauding East Timor
of its resources. It is a fraud. It is illegal, he told
the Senate.
After Brown made the perfectly accurate accusation that the
government was blackmailing the East Timorese, Liberal and Labor
senators united to eject him from the Senate for twenty-four hours.
This hysterical reaction only underlined the undemocratic nature
of the governments East Timor policy. The timing of the
introduction of the TST was not only designed to intimidate and
threaten East Timor, but was also meant to deny the possibility
of any extended debate on the issues of principle underlying the
entire process. Any such debate, both the government and the Labor
Party realised, could only threaten to raise popular demands for
a fair treatment of East Timor.
Notwithstanding Bob Browns protestations, however, the
Greens also share responsibility for the theft of Timors
oil and gas reserves. Preliminary versions of the TST have been
available for some time through the Senate Joint Standing Committee
on Treaties, and it has been clear for months that the governments
delay in ratifying the treaty was due to intimidation over the
Greater Sunrise deal. Despite this, the Greens mounted no political
campaign against the government.
Moreover, the Greens were among the leaders (alongside various
left radical groups) of the troops in
campaign of 1999. This campaign provided the Howard government
with the necessary political cover to dispatch 4,000 Australian
troops to East Timor: namely, that they were going for humanitarian
reasons. The ongoing presence of the troops then provided the
government with critical leverage in its negotiations
with East Timor over the TST and IUA, while the Australian people
were deceived into believing that Howards relations with
East Timor were based on altruistic motives.
The reality, as the TST and Greater Sunrise deals make clear,
was that Australias support in 1999 of a vote for independence
represented merely a tactical shift. The longstanding strategycontrol
of East Timors natural resourcesremained the same.
With the Suharto regime gone, the Howard government calculated
that an independent East Timorinevitably existing
in a neocolonial relationship to Australiawould be the next
best alternative in securing Australias economic and strategic
interests in the Timor Sea.
Australias granting of 90 percent of the joint development
zone under the TST in no way represents a significant advance
for the East Timorese people. The more substantial long-term benefits
have been secured by Australian corporate interests with all of
the refining, distribution and servicing projects connected to
the Bayu Undan reserves being centred in northern Australia.
Moreover, the Howard government has long made clear that once
the oil and gas royalties begin to flow into East Timor Australias
foreign aid will be correspondingly reduced. As Downer put it
in October 2000: The extent to which East Timor itself is
able to get the royalties, or a share of the royalties, the size
of its share, plays into the overall size of the Australian aid
program in East Timor and so on.
The meagre concessions contained in the TST ultimately
represent the amount calculated by the Australian government to
be the minimum required for the maintenance of a semblance of
stability and the suppression of social unrest in the poverty
stricken nation.
See Also:
Australia bullies East Timor
over oil and gas
[7 February 2003]
East Timor's "independence":
illusion and reality
[18 May 2002]
New Timor Gap treaty
secures Australian control of oil and gas projects
[21 July 2001]
Australia refuses
to relinquish control over Timor Sea oil and gas
[26 April 2001]
Timor Gap dispute highlights
motives behind Australian intervention
[25 October 2000]
East Timor and Australia's
oily politics
[8 March 2000]
East Timor and the
politics of oil
[23 January 1999]
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