In
what has been described as a “breakthrough” by the two governments, Australia
and East Timor have reached an agreement for the framework of a new treaty that
will finally set permanent maritime boundaries between the two countries.
The
Timor Sea Justice Campaign’s spokesperson, Tom Clarke, welcomed the news but
warned it was not yet a done deal.
“This
is a really promising step in the right direction, but when it comes to the
Australian Government and East Timor’s oil it’s always worth taking such
promises with a big grain of salt,” said Mr Clarke.
The
framework agreement is the result of a "compulsory conciliation", a
UN procedure that East Timor initiated to break the stalemate created by
Australia’s refusal to establish permanent and fair boundaries. The UN’s
conciliation process had never been used before and exists specifically for
when one country refuses to recognise the jurisdiction of the independent
umpire that would normally settle disputes – in this case Australia refusing to
recognise the maritime jurisdiction of the International Court of Justice.
“The
devil of course will be in the detail of the new treaty, but overall this is
good news because for the first time Australia is finally listening to the
wishes of the Australian public and looking to give Timor a fair go by saying
yes to permanent maritime boundaries,” said Mr Clarke.
According
to current international law in circumstances such as these, the boundaries
should be located halfway between the two coastlines and have equitable lateral
boundaries.
“Given
international law is very much on Timor’s side, you’d be hopeful that the
placement of the boundaries will see most, if not all, of the Greater Sunrise
gas field falling within East Timor’s territory. Having said that, Australia
has become pretty good at ignoring international law, so of course the proof
will be in the pudding,” said Mr Clarke.
Mr
Clarke said the Timorese Government should be commended for managing to get
Australia back to the negotiating table against the odds and securing this
framework for a fairer agreement.
“The
establishment of permanent maritime boundaries are the final step in Timor’s
long struggle to become a nation. It will be great to see it finally happen, so
it’s crucial that the Australian Government now delivers on its promise,” said
Mr Clarke.
Mr
Clarke said the Australian community has stood proudly in solidarity with the
Timorese for many years and cautioned the Foreign Minister, Julie Bishop, that
there will be many people watching closely to make sure Australia is true to
its word.
“When
it comes to oil and gas in the Timor Sea, Australia has really ripped off East
Timor over the years, so it would just be fantastic if our Government now could
finally do the right thing and make amends. But we won’t be popping the
champagne just yet, as there’s still a treaty to negotiate,” said Mr Clarke.
The
joint statement issued by the Permanent Court of Arbitration can be found
here.
For
more information, please contact Tom Clarke on 0422 545 763
Tom
Clarke | Timor Sea Justice
