30 June 1995
The International Court of Justice today decided in Australia's favour the case brought against it by Portugal concerning the Timor Gap Treaty. By a majority [-/-], the Court held that the case should not have been brought against Australia [in Indonesia's absence], and that the proceedings were artificial and futile.
As we have said from the outset, it is unfortunate Portugal chose to deal with this highly complex political issue in a legal case against Australia. We have always argued that the concerns of the world community about the situation in East Timor can be most effectively dealt with under the auspices of the UN Secretary-General, and through the talks now being conducted by him with the parties directly concerned. In this spirit, Australia will continue to give its full support to the UN Secretary-General's efforts to achieve a resolution of the East Timor issue.
The Court has taken the opportunity to affirm the right of the people of East Timor to self-determination. Successive Australian governments have long recognised Indonesian sovereignty over East Timor, but in addition, we have never denied the existence of the right of the East Timorese to self-determination. How that right might be exercised is ultimately a matter for the United Nations, but it may well be - as I have suggested in the past - that the East Timorese people will opt for measures such as better protection and recognition of human rights, greater encouragement of Timorese culture and a greater level of political autonomy, without affecting Indonesia's sovereignty. Our conclusion of the Timor Gap Treaty with Indonesia in no way infringes the rights of the East Timorese people.
The judgment means that Australia will have continued access to its resources in a secure and stable environment. Companies will continue to be able to operate in the Zone of Cooperation under the terms of the Treaty
It is difficult to see how Portugal's action could have assisted the East Timorese people. The Indonesian Government, which is in control of the territory, could not have been bound by it. For Australia's part, we will continue our substantial program of development assistance to the people of East Timor, and continue to make every diplomatic effort we can to improve the human rights situation there.