Public Forum – Justice in the Timor Sea: Whose Oil is it?

Invitation

Australian Institute of International Affairs, SA Branch
Australia-East Timor Friendship Association, SA Inc.

supported by

United Nations Association of Australia SA Division Inc.
Australian West Papua Association SA (Inc.)
Kathleen Lumley College, University of Adelaide

present

Public Forum

Justice in the Timor Sea: Whose Oil is It?

Guest Speakers:

Dr Michael Sullivan
School of Political and International Studies, Flinders University

Ms Janelle Saffin
Senior Legal and Security Advisor
Office of the Prime Minister, Timor Leste
Former Member of the Australian House of Representatives

Mr Andrew (Andy) Alcock
Ordem de Timor-Leste Medalha
Information Officer:
Australia East Timor Friendship Association (SA) Inc

6.00 pm for 6.30 pm start
(Nibbles and drinks provided)

Thursday 11 December 2014

The Common Room
Kathleen Lumley College, University of Adelaide.
51 Finniss Street (opposite The British Hotel) North Adelaide

Ample on-street parking is available on the Mackinnon Parade side of the College. Gates are at 51 Finniss Street and 120 Mackinnon Parade.

For Further Information contact Bob Hanney, Secretary AETFA SA: PH 08 8344 3511;               0469 359199; Email: bohan@bluebottle.com

OR Andy Alcock, AETFA SA Information Officer: PH 08 8371 0480; 0457 827014;                      Email: andyalcock@internode.on.net

 

SOME FACTS

Australia halved the Joint Petroleum Development Area (JPDA – the old “Timor Gap”) with Indonesia in 1989 while Timor was being subjugated.

Australia shamelessly withdrew from the maritime jurisdiction of both the International Court of Justice and the International Tribunal on the Law of the Sea in March 2002, just two months before East Timor’s independence, thus forcing the Timorese to negotiate with Australia without an international umpire.

Australia has shamelessly received billions of dollars in tax revenue from the disputed area Laminaria-Corallina since September 1999, more than the total of all assistance Australia has ever given to East Timor.

Through the Timor Gap Treaty Australia still get 10% of the old JPDA even though it lies 100% on Timor’s side of half-way. With all processing done in Darwin, Australia shamelessly gets all the jobs.

In Timor Sea disputes Australia still clings to defunct Continental Shelf principles, while the rest of the world determines maritime boundary disputes on the basis of the median line. (And so does Australia when any other nation except Timor is involved, e.g. New Zealand.)

After claiming 82% of yet another field, Greater Sunrise, which is far closer to Timor than to Australia, Australia finally agreed in 2006 to split the resources 50/50 with the Timorese on condition that Timor did not raise the issue of maritime boundaries until 2056.

The lack of a maritime boundary reduces stability and security and Timor Leste, trying to get on its feet.

A decade ago, Australia took advantage of a nascent East Timor to negotiate a remarkable treaty that short-changed the second poorest country in Asia out of tens of billions of dollars in gas and oil revenue. That included alleged spying on East Timor negotiators to get an upper hand.

When East Timor learnt of Australia’s espionage last year, they sought to renegotiate the treaty. What happened next was shocking. Australian agents raided the home of a former intelligence agent and seized his passport preventing him from travelling to the The Hague to provide his evidence.

The International Court of Justice has slammed the Australian Government’s actions.
Without international pressure, history may well repeat itself during this next round of negotiations.

On the Human Development Index out of 187:

Timor Leste ranks at 134; Australia’s rank is 2 (with Norway No. 1)

Take Action on U.S. Support for Mass Violence in Indonesia

ETAN (East Timor & Indonesia Action Network) is a U.S.-based group seeking justice for the genocides perpetrated against the peoples of Indonesia, Timor Leste and West Papua. AETFA SA supports this petition:. ETAN’s website with links is http://www.etan.org/

Please join us in signing ETAN’s petition  urging the U.S. Government to release the records and acknowledge the crimes! A big thank you to all who have signed so far.
Although the massacre of between 500,000 and one million (or more) people in Indonesia in 1965-1967 is a crucial event in modern Indonesian political history, it remains mostly a footnote in the United States and elsewhere. In 2012, the documentary The Act of Killing shocked audiences throughout the world as perpetrators of the mass murder re-enacted their violence. The film has fuelled a debate within Indonesia and drawn attention internationally to events long kept out of U.S. history books: Events that the U.S. Government facilitated and celebrated.

A companion film, The Look of Silence, is currently showing at film festivals focuses on the victims. It follows the investigation by Adi Rukun into the murder of his older brother who was killed during the violence. 

While these are powerful films, any discussion of the events of 1965-1967 would not be complete without a discussion of the role of Western powers in this violence, including that of the United States. ETAN continues to call for accountability for those in the West who encouraged and assisted in the mass violence in Indonesia.

Sign the petition urging the U.S. government to take two immediate steps:
1) Declassify and release all documents related to the U.S. role in the mass violence, including the CIA’s so-called “job files.” These detail its covert operations.
2) The U.S. should formally acknowledge its role in facilitating the 1965-66 violence and its subsequent support for the brutalities of the Suharto regime.
ETAN has prepared a backgrounder on the events and aftermath of Suharto’s brutal seizure of power, where we focus on the U.S. role and responsibility. Read Breaking the Silence: The U.S. and Indonesia’s Mass Violence.
Once again, thanks to everyone who has already signed! 
Please Support ETAN. We need your support to continue our work for justice and accountability. Please donate today. 

Thank you!

FILM BENEFIT NIGHT FOR TIMOR-LESTE’S WORKING WOMEN’S CENTRE 29.10.2014

Australia East Timor Friendship Association, SA Unions, the SA Working Women’s Centre & the APHEDA Union Aid Abroad Activist Group SA invite you to:

A FILM BENEFIT NIGHT

FOR TIMOR-LESTE’S WORKING WOMEN’S CENTRE

SEE THE FILM:

PRIDE [Rated M]
starring Bill Nighy & Imelda Staunton

Wednesday 29 OCTOBER 2014

5.30pm: Drinks & Nibbles

6.45pm: Film

VENUE: CAPRI THEATRE
141 Goodwood Road, Goodwood SA 5034

ADMISSION: Full Wage: $20;    Concession: $15

Tickets are available from:

AETFA: Andy Alcock: Phone: 83710480 Email: andyalcock@internode.on.net

APHEDA: Jan Schultz Phone: 8231 5532 Email: jschultz@sa.cfmeu.asn.au
Please pass this invite along your networks. Hope to see you there!

…………………………………………………………………………………..

PRIDE: ABOUT THE FILM                                                                                                       and  Background on the T-L Working Womens Centre

Based on a true story, the film depicts a group of lesbian and gay activists who raised money to help families affected by the UK miners’ strike in 1984 during the Thatcher era, at the outset of what would become the Lesbians and Gays Support the Miners campaign. Continue reading

The Timor-Leste spying case is a taste of our future under Asio’s new powers

The overblown security concoction being cooked up by George Brandis and our security elite is more about protecting the spy establishment than the nation
Richard Ackland
theguardian.com, Wednesday 10 September 2014

http://static.guim.co.uk/sys-images/Guardian/Pix/pictures/2014/9/10/1410313095273/40fc356f-91c9-43d5-b0f5-183cbf5f98ee-460×276.jpeg

‘Interested citizens are scratching their heads and wondering: kept safe from what?’ Asio boss David Irvine. Photograph: AAP

Already we have a taste of what lies in wait once the new bundle of Asio laws are passed.
Legislation, to be introduced shortly, provides for two new offences relating to unauthorised disclosure of information about “special intelligence operations” – up to five years and then up to 10 years for aggravated offences. Currently the tariff for unauthorised communication of information is two years.
There’s to be no mucking around when it comes to preserving state secrets, including ones that are not particularly worthy of the word “secret”. The penalties will apply even in cases of public interest disclosures about misconduct by security agencies where no risk to national security is involved.
That’s what makes the Timor-Leste spying case so apposite. Of course, it was a bugging and spying operation conducted by Asis, not Asio – though things have become a little blurred. The then head of Asis, David Irvine, who got authorisation for the bugging of the Timor-Leste ministerial office, is now the head of Asio, and ordered the raids on parties engaged in the complaint about the eavesdropping mission.
As a result of the espionage the Timorese are now before the permanent court of arbitration at the Hague, trying to unstitch the treaty with Australia over the oil and gas resources in the Timor Sea.
Timor-Leste lawyer Bernard Collaery and a former Asis officer, known as Witness K, both had their homes and offices raided by Asio early last December. An overblown task force of 15 Asio and AFP officers took to Collaery’s office seizing files, a computer and an important USB stick, just days before a preliminary hearing at the permanent court.
Witness K was extensively interviewed, had documents relating to the case seized and his passport confiscated. Witness K was one of the Asis officers instructed by Irvine to wire-for-sound the office used by Timor-Leste officials during the negotiations over the gas reserves.
Not only is Collaery acting for Timor-Leste, but he also acted for Witness K in another capacity. Three of the operatives engaged in the offshore bugging operation, including Witness K, were subsequently removed from their jobs at ASIS, with the explanation that management was looking for “generational change”.
The Asis officer was given permission to talk to the lawyer about his employment concerns. Collaery was an “approved lawyer” acting for Asio and Asis officers in their disputes with their respective agencies.
In a letter dated 2 April 2008, the then-inspector general of intelligence and security, Ian Carnell, noted there had been consultations and that Collaery would keep a watching brief on an internal inquiry into Witness K’s employment concerns.
In a ministerial statement on 4 December, Brandis told the senate that the raids on Collaery and Witness K were nothing to do with the pending hearings in the Hague, were not a contempt of court or an interference in lawyer-client privilege.
It was simply a matter of keeping Australia safe, leaving interested citizens scratching their heads and wondering: from what?
However, the attorney general did attack Collaery, saying that because he is a lawyer, “that fact alone does not excuse him from the ordinary law of the land. In particular, no lawyer can involve the principles of lawyer-client privilege to excuse participation, whether as principal or accessory, in offences against the Commonwealth”.
The suggestion seemed to be that Collaery shouldn’t have talked to Witness K about Asis and the espionage in Timor-Leste, the very issues that were related to to the move to shaft him from his employment.
Yet, these were the very matters that the Inspector General of Intelligence and Security (IGIS) had cleared for discussion. A carefully worded denial from IGIS says there were no complaints made “about alleged Australian government activities in East Timor”.
Now Irvine has taken it one step further and got approval from Brandis for the AFP to investigate the possibility of prosecutions of Collaery and Witness K over alleged “unauthorised communication of information”.
There is a strong case that by spying on the ministers and negotiators of Timor-Leste, the Australian government may be in breach of international law.
Both countries are parties to the Vienna Convention on the Law of Treaties and article 49 says that if a country is induced to agree to a treaty by the fraudulent conduct of another party, then it may invoke fraud to invalidate its consent. Fraud extends to deceitful behaviour. Spying to obtain secret information is deceitful.
The testing point will be for Timor-Leste to show that that it was induced to enter the Cmats treaty as a result of that deceit. To this end the evidence of Witness K would have been crucial – yet he is without a passport and unlikely to be unable to attend the PCA.
So, we have the police and the security people seeking to establish a case that Collaery and Witness K broke the secrecy provisions of the security law in allegedly communicating about a government spying operation that itself was illegal.
In March the international court of justice ordered Australia to stop any spying operations against Timor-Leste and to seal the documents and data seized in the December Asio raids – all of which came as an embarrassment to Brandis and his swaggering assertions about the raid and our security.
Fifteen of the 16 judges on the ICJ panel concurred with the findings and orders. The only exception was Ian Callinan, the former “capital-C” Conservative judge appointed to the high court by the Howard government.
This overblown concoction by Brandis and the security wallahs has all the hallmarks of being more about the protection of Asis and Asio than anything directly bearing on the safety of the nation. No wonder there is no exemption for public interest disclosures in Brandis’ new Bill.
Why the legal profession should be so quiet about the Commonwealth meddling with the functions of an independent lawyer in court proceedings is a mystery.
One consolation: Brandis doesn’t have a good track record when it comes to his urging the authorities to take legal action against people he regards as enemies of the state.
For some time Brandis was at the forefront of a campaign to get the Commonwealth DPP to bring proceeds of crime proceedings against David Hicks, over the publication of his book Guantanamo: My Journey.
On July 23, 2012 the DPP made a decision to discontinue the proceedings. Apparently, until that point Brandis and the DPP had forgotten about section 84 of the Evidence Act, and the common law, both of which say that an admission of guilt in relation to a crime cannot be put to a court if it was procured by “violent, oppressive, inhumane or degrading conduct”.

QUIZ NIGHT for TIMOR LESTE and PHILIPPINES

QUIZ NIGHT
Final Flyer 01.pdf
A fund raiser for two vitally outstanding projects:

Rise up San Vicente
– rebuilding the future for the children of Leyte-Philippines devastated by Typhoon Yolanda 2013.

Towards A Brighter Future – Children of Timor Leste
– supporting projects for children in Timor Leste with a focus on education and health.

Day: Friday
Date: 27th June 2014
Time: 7:00 pm

Venue: Cypriot Community Centre
6 Barrpowell St, Welland

BYO or Delicious Greek BBQ and drinks available at the bar
Tickets $15 per person – support 2 worthy causes
100% of money raised goes directly to the projects

For further information contact
Ana 0409 682 715, Julie 0403 110 308 or Angela 0419 839 780
Supported by: Cypriot Community
Portuguese Radio
Filipino Radio

West Papua Film and Cultural Night 14 June 2014

Showing a film made from footage taken during the journey by land and boat from Lake Eyre to West Papua.
AWPA SA has arranged for a community bus with Melbourne based West Papuan activists to come and show this film; Talk about the impact of this successful and inventive public mass action that had Indonesia asking Australia to stop the boats and mobilizing its Navy and Army to stop them arriving. This action galvanized massive rallies to be held in West Papua in support.
Speakers will talk about more recent events and future campaigns.
Arabunna aboriginal elder, Uncle Kevin Buzzacott, who accompanied the West Papuans the entire way, will be present with Jacob Rumbiak, West Papua Foreign Affairs spokesperson. West Papuan performers from TABURA who have performed at Womadelaide and other international festivals will provide a cultural performance of singing and dancing.

Saturday 14th June from 7pm
Bowden Brompton Community Centre 19 Green St, Brompton

Entry $15/10 to cover cost of bus travel and raise funds for West Papuan Human Rights Campaigns
Please bring a plate for supper and let us know you are coming for seating arrangements.
Email info@awpa-sa.org.au or phone Dave on 83454480

AETFA promotes a lecture on Timor Leste

 

AETFA_LectureFlindersHosgelen21.5.14.pdf

Environment Matters!
A Research Colloquium and Workshop Series
School of the Environment

presents
Merve Hosgelen (Flinders University):

Population Growth, Forests and Sustainable Livelihoods in Timor-Leste:
The role of traditional governance systems in a fragile state context

All welcome.

Wednesday, 21st May 2014 at 4:00 – 5:15 pm

Teletheatre, Information Science and Technology (IST) Building 47, off
Physical Sciences Road, Car park 15 – parking fees apply
(See campus map) Continue reading

West Papua: My people need Australia’s help before it is too late

Benny Wenda theguardian.com, Monday 28 April 2014

Tony Abbott said that West Papuan activists were not welcome in Australia. With our first office opening in Perth, I hope Australians will disagree

This Anzac Day weekend, we opened the first ever Free West Papua campaign office in Australia.

For more than 50 years, my people have suffered what I considered to be a slow-moving genocide under the repressive military occupation of Indonesia. During the second world war, the “Fuzzy Wuzzy Angels” of West Papua came to the aid of Australian soldiers. Now it is the West Papuans that need Australia’s help in order to end human rights abuses so that my people can be free to live in peace.

Indonesia’s response to West Papua advocacy abroad has been frighteningly vehement. After the opening of our UK office in 2013, Indonesia made a diplomatic complaint to the British government. Foreign minister Natelegawa said he could not understand why the British government was “unwilling to take steps against the Free West Papua office”, and the president even tweeted about it. The British ambassador in Jakarta was summoned and had to remind Indonesia of the protections enjoyed in democracies, pointing out that no steps would be taken against our office, since it “does not require [government] permission to open”.

Bob Carr revealed in his recent memoir that he had discussed the prospect of us opening an Australian office with Indonesia’s foreign minister at that time, and was told that Indonesia would “prefer [Australia] not to allow an office to open”. During his state visit to Indonesia last year, prime minister Abbott said last year that West Papuan activists were not welcome in Australia, and that Australia would not tolerate West Papuans’ demonstrations against Indonesian control. Continue reading

ASIS Witness to appear for Timor Leste at the Hague

ASIS witness to appear in East Timor legal battle
David Wroe and Tom Allard April 21, 2014 theAge.com.au
An international panel of jurists has ordered Australia to make available East Timor’s star witness – a former Australian spy – in a high-stakes legal battle between the two countries over $40 billion of disputed oil and gas reserves.
In a major blow to Australia, the panel of jurists has cleared the way for the former Australian Secret Intelligence Service officer to testify that he helped bug East Timor’s cabinet room during negotiations over the Greater Sunrise oil and gas fields.
East Timor is trying to have the agreement, which was struck in 2006 with Australia over the reserves in the Timor Sea, overturned on the grounds Canberra did not negotiate in good faith.
Australia tried to block the officer from testifying, on the grounds he would be breaching Australian national security laws. His passport has been cancelled and his house was raided in December by security agency ASIO.
ASIO also raided the home of East Timor’s Australian lawyer Bernard Collaery and seized more than a dozen documents including a statement the ASIS officer had given alleging the spying activities. Continue reading