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SRSG APPEALS TO POLITICAL TOLERANCE9. Each of these tasks will be the subject of much discussion in meetings here over the next week, and I could devote the rest of my speech to any single one of them. However, I wish to focus my remarks today on two of the benchmarks. First, the issue of security. As Timorese leaders have pointed out, East Timor’s security will depend in large measure on its relations with its neighbors and the region. In this respect, let me pay special tribute to President Wahid of Indonesia. He is a true statesman, and I owe him my gratitude for extending such goodwill to UNTAET and East Timor as we build a mutually beneficial international relationship for the two countries.
In a comprehensive political speech at the opening of the first National Council for East Timorese Resistance (CNRT) Congress today in Dili, SRSG Sergio Vieira de Mello appealed for political tolerance, and outlined the key steps to develop a constitution and achieve full independence.One would be to draft a provisional constitution before the election of an assembly, while the other would be to elect the Constituent Assembly after a broad-based constitutional debate.
In his speech, SRSG also called for a broad national debate on democracy and stressed that UNTAET was now in the midst of a major reconstruction to give more responsibility and decision making to a wider range of East Timorese and proposed benchmarks for the United Nations Transitional Administration.
The congress was attended by 460 delegates from the 13 districts, political parties and civil society groups.
In his speech, CNRT President Xanana Gusmão warned the East Timorese not to treat the transition to independence and the forthcoming elections as a democratic “fiesta”.
Gusmão said the country faced a serious task in preparing for the elections and building a new nation, and that he hoped the CNRT’s national congress would provide some answers to the pressing questions facing the country. He also hoped that at the end of the nine-day congress, the delegates would leave with a shared vision for East Timor’s future.
Please find attached the full speech of SRSG Sergio Vieira de Mello.
FALINTIL MARKS ITS 25TH ANNIVERSARY
Falintil, the armed wing of East Timorese Resistance Movement, marked its 25th anniversary in Aileu, southwest of Dili, on Sunday, 20 August, in a ceremony attended by thousands of people.At the ceremony, CNRT President Xanana Gusmão turned over his post as commander-in-chief of Falintil to his deputy, Taur Matan Ruak.
Gusmão praised the soldiers for their discipline, conviction and sacrifices that had earned the sympathy and respect of the East Timorese.
SRSG Sergio Vieira de Mello stressed that the United Nations recognized the role of Falintil in the past, present and future of East Timor. “You are a force of conciliation, goodwill and common sense. You are the dynamic of peace and stability,” he said.
The SRSG also praised the turnover of command as a symbolic but important act of separation of military and civilian powers, for it affirmed the basic and essential principles of democracy.
In addition, he praised Falintil for its tolerance and humanitarianism in promoting the return and reintegration of some difficult refugees from West Timor.
The SRSG also said that under the three options proposed in a recent independent study by the King’s College Centre for Defence Studies, Falintil would form the core of East Timor’s future defence force.
Falintil’s new commander-in-chief, Taur Matan Ruak, also promised that Falintil would fully respect East Timor’s future democratic government.
As part of the ceremony, CNRT Vice President José Ramos-Horta gave his 1996 Nobel Peace Prize to Falintil, saying the award belonged to the guerrillas and the East Timorese for their sacrifices for independence.
FOUR EAST TIMORESE COMPETE AT OLYMPIC GAMES
After five weeks of intensive training in the Northern Territories Sports Institute in Darwin, Australia, the International Olympic Committee (IOC) announced on Friday the selection of four East Timorese athletes to compete at the Sydney Olympic Games in September.The athletes are Martinho de Araujo, for weightlifting, Victor Ramos, boxing, and Calisto da Costa and Aguida Amaral, both marathon runners.
According to the IOC, “these recommendations have been made based on technical reports and performances achieved by these athletes during their training, and upon the recommendation of their respective coaches in Australia’’.
Victor Ramos, who currently works as an UNTAET security guard, has received a gold medal in past international sports competitions.
On 15 July, ten Timorese athletes were sent to Australia, where they have been training under the supervision of elite coaches under the Olympic Solidarity Scholarship.
In addition, five Timorese coaches recently arrived at the Institute to study coaching methods. Three of them have been named by the IOC to attend the Games. They will then accompany the four athletes during their stay in Sydney.
The four athletes and three coaches will fly to Sydney from Darwin in early September. The remaining will return to East Timor on 16 September.
This is a near verbatim transcript of the address of SRSG Sergio Vieira de Mello, at the 1st CNRT Congress.
Dili 21 August 2000
I. Introduction – The partnership of UNTAET, the CNRT and Timorese.
1. I am very pleased to be with you today on this special occasion, the opening day of the first National Congress of the CNRT. That the CNRT is at last able to hold this Congress in East Timor is, of course, a measure of its very success. It is a clear indication that the effort and unity of the political parties within the CNRT, and the dedication and sacrifice of thousands of East Timorese who identified with the principles of the CNRT and its President, have borne fruit. This Congress provides an opportunity for all who have worked so diligently to come together, to take stock of the hard-won successes of the past. East Timor is, irrevocably, on the path to full independence. And so, as Xanana Gusmao noted in the Congress programme, the CNRT has accomplished the mission for which it was initially created. Yet it has found that new responsibilities have followed upon the successes of the popular consultation and upon the devastation of the violence that followed – responsibilities related to the task of building the new nation of East Timor.
2. The United Nations, too, has been challenged in East Timor to perform new tasks and meet new responsibilities under a mandate more broad than any other in the history of the Organization. However, our authority here is that of an active and committed partner, and is only valid in so far as we lay foundations for an independent East Timor which will serve the East Timorese, and only if we do so in tight coalition with you. Indeed, when I arrived in November last year, it was immediately apparent that partnership with you, the East Timorese, was not only essential to ensure that UNTAET policies were appropriate, but was in fact necessary for the UN to be able to act in East Timor at all.
3. The CNRT, the Church, and other less acknowledged organizations and groups, especially those speaking for the women, the youth, the students and local communities, all acted with great initiative, and the East Timorese people showed their resilience and capacity to organize across many sectors in those early days of September and October, following the destruction and violence. Schools throughout East Timor were reactivated with the help of volunteers, ensuring that children’s education was disrupted as little as possible. Humanitarian assistance was delivered in partnership with local CNRT cadres who filled the administrative vacuum at the sub-district level, while in Dili the CNRT organized expert groups on each sector of economic, social and political affairs to work with the international community.
4. At the highest policy-making level, UNTAET works with the CNRT and other East Timorese leaders on the National Consultative Council. The NCC has so far approved, by consensus, 31 regulations which serve as the legal basis for administration and governance in East Timor. This is a measure of the strong partnership which the NCC members, international and Timorese, have formed. Of course, many issues were difficult and contentious, but in the end the members of the NCC have understood that the East Timorese need decisive action, and so we worked hard to reach consensus. Although UNTAET works with many East Timorese groups, in the NCC and elsewhere, the CNRT has been our primary partner in many respects. For this I thank the CNRT, and in particular your President, Xanana Gusmao, who commands universal admiration and respect. Xanana has been instrumental in ensuring stability and confidence among East Timorese, and he continues to play an indispensable role in the partnership between the international community and the CNRT. Our modest achievements thus far owe much to Xanana, his wisdom, and his remarkable conciliatory and tolerant qualities.
5. While consultation and partnership were established early on, it became clear by April of this year that it was not sufficient. UNTAET consulted on major policy issues, but in the end it retained all the responsibility for the design and execution of policy. What is more, the NCC came under increasing scrutiny for not being representative enough of East Timorese society, and not transparent enough in its deliberations. Faced as we were with our own difficulties in the establishment of this mission, we did not, we could not involve the Timorese at large as much as they were entitled to. To the extent that this was due to our omissions or neglect, I assume responsibility and express my regret. It has taken time to understand one another, to build trust and weave a partnership. In many ways, the wish expressed by members of East Timor’s civil society to see more representation in all structures of the Transitional Administration in NCC reflects a positive trend. Timorese civil society is growing, as is the diversity of voices and opinions on national policy issues. With the question of independence settled, the new politics of nation building is coming to the fore. There will be many diverse opinions on matters such as taxation, education, the environment, and so on, and our consultative mechanisms during the rest of the transition must reflect this diversity.
II. The Transitional Administration, Cabinet and National Council
6. In view of this, UNTAET is in the midst of a major restructuring to give more responsibility and decision making to a wider range of East Timorese. Internally, UNTAET has formed a new Cabinet structure with eight Cabinet members, four Timorese and four international UNTAET staff. The Cabinet sets policy for the transitional administration, and all Cabinet Members share responsibility for it. The East Timorese Cabinet members manage international UNTAET staff and East Timorese civil servants, and are full partners in the process of the design of new policies and legislation. At the same time, we are accelerating the pace of Timorization of the civil service, so that Timorese will hold more senior positions sooner. With the East Timor Transitional Administration in place, there is no longer any need for the parallel administrative and development structures of the CNRT. We must focus efforts, consolidate our human resources and build a civil service that can serve East Timor for years to come. I therefore urge all Timorese with the necessary skills and desire to participate in the administration of East Timor to apply to the Civil Service.
7. As part of our effort to broaden participation, the NCC will be replaced by the new 33-member, all East Timorese, National Council. East Timorese will have the opportunity to propose candidates from all segments of society. I will select the final membership after consulting with leaders of each element of civil society. Once seated, the new NC will be called upon to review regulations proposed by the UNTAET cabinet, and, if it chooses, to initiate legislation itself.
III. Benchmarks
8. We are now at a key juncture, when we must prepare well for the last phases of the transitional period. Most basic humanitarian needs have been met. A civil service is established, with over 5,000 Timorese on the payroll of the East Timor administration. Basic financial institutions have been put in place. The East Timor Judiciary is up and running. I will not belabour the point with an extended list of strengths and weaknesses of UNTAET here, however. The ultimate success of our endeavors, certainly of UNTAET, will not be judged until the end of its mandate, and there is much left to accomplish. During his visit to East Timor last February, Secretary-General Kofi Annan asked me to establish the key benchmarks, or goals, which should guide UNTAET and provide the foundations for the future independent state. I proposed the following as benchmarks, which now form the strategic planning basis for the Transitional Administration: UNTAET must ensure security during the transitional period and determine arrangements for East Timor’s security once it is independent. It must establish a credible system of justice in which fundamental human rights are respected. It must achieve a minimum of reconstruction of public services and infrastructure, and establish an East Timorese administration that is financially sustainable. Finally, it must manage a political transition to independence, culminating in the adoption of a constitution and democratic elections.
IV. Security
10. While regional relationships are one bulwark of security, East Timor must also be prepared to defend herself. On this, let me be very brief, and indeed direct. UNTAET has the resolve, the necessary authority, and the military strength on the ground to deal appropriately with any who choose to use violence to destabilize East Timor. And as the Secretary-General indicated, we are also resolved to ensure East Timor’s security after the transitional period is complete. As I stated yesterday in Aileu, East Timor will have its own Defence capacity and the FALINTIL will form its core. Those who have conducted incursions across East Timor’s borders have proved able and ready to commit murder, but they will be met with the necessary force. And despite their momentary disruptions they will not stop the process of independence which East Timor has chosen. They have lost touch with history. They are, and will be made, ever more irrelevant here and in Indonesia. They belong to the past, when irrational violence and the force of weapons, not arguments, prevailed. They were the bitter fruit of darkness and they will return to it.
V. Constitutional Process and Political Transition
11. That said, let us turn to the question of the political transition. This is truly a matter of shared responsibility. The CNRT, UNTAET, the National Council, political parties, civil society, international agencies all must work together in the next crucial phase of the path to an independent East Timor. The question is twofold. Firstly, what is the process by which we will move from the present, to the moment when East Timor has independence and a democratic constitution. That moment is not far off, and we have much work to do to get there. I will outline what I believe are the key steps of the process. The second part of the question, however, is the most important. How will we involve all East Timorese in the process of building their democracy, so that it is a democracy truly rooted in the people?
12. As to the first part of the question, the major elements of the political transition are clear. East Timor will claim its full independence once a democratically elected government is formed, under a democratically mandated constitution. To get to that goal, there will have to be a process of intensive dialogue with the East Timorese people on the constitution. A draft constitution will be prepared by a Constitutional Commission, taking into account elements drawn from the people. I believe that this Commission should be named by the new National Council, since it will be the most representative body available, though committee members themselves need not be NC members. The process of civic education and national dialogue should begin soon, as early as September. The Constitutional committee should also be selected as soon as possible after the National Council is seated, and by November at the latest.
13. During the humanitarian crisis and the early period when fundamental institutions had to be created from scratch, I always stressed that East Timor needed unity between political parties. We had to make basic decisions necessary in the face of the devastation. I believe that the time is upon us when political difference and diversity will inevitably, and rightly, enter into the national debate on what is best for the future of East Timor. Multi-party democracy requires this constructive debate between parties that differ on the issues but share a commitment to democracy itself. To allow for this, we will also have to develop the legal framework for the political and electoral process. We shall soon have to prepare a draft regulation on political parties, which will identify the minimum requirements for a political party to be registered, and the basic code of conduct for parties to follow. This is vital now. By setting the legal boundaries of political party activity, the current impatience that many parties are showing can be released into constructive, democratic and non-violent political debate. This will test and develop democratic instincts on the political playing field, and prove wrong those who have challenged our democratic resolve.
14. We shall also have to draft a regulation on elections and a regulation on citizenship and residency. These are the basic tools necessary for political parties to enter the constitutional and electoral process, and for elections to be held. Once these are in place and approved, political party activity will have a firmer legal footing. The electoral law will be the basis upon which, hypothetically, at this stage, the national election to a Constituent Assembly would be held. This assembly would be responsible for debating and adopting the final constitution. Once it would have done so, it could transform itself into the legislature of the new government, according to the terms of the constitution.
15. The formal process of developing the constitution would begin when the National Council selects a Constitutional Commission, which should include not just members of the National Council but eminent persons drawn from society at large. The Commission would take a leadership role, with UNTAET, in promoting the broad-based constitutional debate and civic education, and in preparing the elements of the new Constitution.
VI. Alternative models of Constitutional Developmet
16. I would propose two main alternatives by which the constitution might be finalized. You may wish to consider these in more depth, or indeed propose a third. The first option would be to draft a provisional constitution before the election of an assembly. Under this option, the National Council elects a Constitutional Committee, which then drafts a Provisional Constitution, against a backdrop the broad-based constitutional debate and civic education. A national election to a Constituent Assembly would be then be held, but this election would be combined with a referendum on the provisional constitution. Each voter would cast a ballot indicating their choice for representative in the Assembly, and their acceptance or rejection of the provisional constitution. If the provisional constitution is accepted, a provisional government could even be formed, based upon it. The Assembly could therefore act as a temporary legislative body under the terms of the provisional constitution, while simultaneously, preparing the permanent constitution which would ultimately define the new government.
17. The second alternative would be to elect the Constituent Assembly after a broad based constitutional debate, but not vote on a provisional constitution. The Constituent Assembly would then replace the National Council. A new Cabinet would also be chosen to reflect the outcome of the vote, but otherwise the system would work as it now does. Incorporating the lessons of the national dialogue, the Constituent Assembly would draft the constitution and decide on procedures for its adoption. Once the new constitution is adopted, the government may be set up accordingly, and independence would follow. These options are suggestions, and I urge the Congress to consider both. Under either scenario, I think East Timor may reasonably expect that international assistance, technical and financial, will be available to the government after independence if it wishes.
18. Currently, we are planning on the assumption that the national election should take place in the second half of next year. I have described the basic outlines, the necessary tools, for the process of political transition. Many of the details will be contained in the regulations and the constitution itself, so there is much still to be decided when we work together to prepare these documents. Nevertheless, I believe that the future of democracy in East Timor will not depend so much on the substance of the regulations we draft – important as they are – or even the contents of the draft constitution – vital as it is. Many countries have fine laws, and even finer constitutions, but little democracy. A successful constitution is not something you write, but something you commit to. Hence the second part of my two-fold question.
VII. Civic Education and National Dialogue
19. How shall the new constitution, and the principles of democracy, become rooted in the people? I have heard it said that the true test of democracy is not the holding of free and fair elections. That is only a precondition. The true test only comes when democracy itself is challenged. Only then, if the people act to defend it, because they cherish it, can democracy truly be said to have taken root. It is not lost on me of course, that I stand here before hundreds of East Timorese and others from around the world who have fought for such dearly held principles. The CNRT knows as well as any other organization the sacrifices of the long struggle for freedom and national identity. It learned to keep the flame of hope alive in the East Timorese people, to instill deeply the vigilance, consciousness and courage necessary to believe in the fundamental principles of independence for East Timor.
The long struggle for independence will be completed once the new constitution is in place and the new government of East Timor is seated. But the long struggle to safeguard democracy will only just have begun. And only if this democracy is safeguarded will your struggle for independence have been worthy of its great sacrifices. The very skills which the CNRT and the people of East Timor learned in the independence effort must once again be marshaled over the next year. Together, UNTAET, the CNRT, other political parties, the Church, other faiths, civil society, educators and teachers, youth and women, liurais and traditional authorities, all must participate to bring the constitution to life. The constitution will stand the test of time if it has been drafted in a participatory manner and has emerged from the real lives and aspirations of the people. Civic education is therefore a means of laying long-term foundations for humane and democratic governance, foundations which rest in the very culture and psychology of the people of East Timor.
20. How shall we embark upon this process? Firstly, we must commit to provide the people with the opportunity to participate, and listen to what they tell us. On the one hand, civic education must instill the main principles of democratic constitutionalism, on the other, we must draw from the people their own expression of these principles, so that the new constitution is unmistakably Timorese, belonging to the people. Here, we have a good example in the model of South Africa.
During the development of South Africa’s constitution, literally millions of suggestions poured in from the people, who were everywhere engaged in discussion, education and debate as to what their constitution should look like. It is this sort of process which will lead the people to love their constitution, to teach it to their children, and to protect it. It will allow us to respect and incorporate East Timor’s traditional systems, values and unwritten structures that provide stability within Timorese culture and indeed played a pivotal role in achieving self-determination. I am equally determined that the national debate should hear the voices of East Timorese women, who must be empowered to fully participate in the shaping of the new nation.
21. Ultimately, civic education and the national debate will help develop the constitution and democratic institutions of government which the people identify as undeniably their own. We must all be concerned with this, because, in the end, I can assure you that the successes the CNRT and the United Nations have achieved thus far will mean little if democracy does not take root in the independent East Timor. UNTAET, for its part, will bring together a coalition of international friends of Timor, civic educators, liurais, the media, teachers and others in our recently launched “Future of Democracy” programme. We will be training trainers, establishing participatory workshops in the districts and sub-districts, and saturating the airwaves. I urge you to join us in this civic education exercise.
VIII. Political Tolerance
22. We must also commit to a culture of political tolerance and openness. I know that the East Timorese are concerned about a return to historical conflicts. I wish to assure all Timorese that the UN will defend and enforce the principles of non-violent, political debate and political participation, and will work with whatever parties share these democratic principles, both before and after the elections.
What the UN stands for in international relations is what the UN is committed to domestically in East Timor. In my last nine months I have come to realize that the Timorese are not only capable but determined to uphold these high standards. The political party regulation will define the boundaries of political party activity, and it will also demand tolerance of opposing viewpoints. People must retain the right to organize politically, to join any duly registered political party, or not to join any party if they so wish. Political ideas and formations must compete and appeal to the voters. In democracy, such support is sustainable only through transparent scrutiny and accountability. East Timorese must trust that they are on a new path, one in which political debate will not result in conflict but in better government. UNTAET, as the administration, and the CNRT and the political parties within it have a special responsibility to promote such openness and political tolerance.
23. Tolerance should be extended also to those East Timorese of good will who remain abroad. I am not speaking of those criminals who used violence to pursue their ends, but East Timorese who were given a fair choice and chose to support autonomy in a democratic manner. They faced a painful dilemma, and lost, and they deserve our respect and reassurance. The results of the popular consultation are final, and the next election will be for an independent government of East Timor. Now, the majority of Timorese who in good faith voted for integration must not be stigmatized or marginalized. They still have a place in East Timor.
24. I will close by noting that these are indeed historic times we find ourselves in. The CNRT has achieved everything it has set out to do thus far and met new challenges admirably. Now we must both embark, together with everyone in East Timor, upon the last, crucial phase of the transitional process. The constitutional process will be truly a common endeavour. Let us begin it now. Thank you.