AGREEMENT BETWEEN THE REPUBLIC OF INDONESIA AND THE PORTUGUESE REPUBLIC ON THE QUESTION OF EAST TIMOR

The Governments of Indonesia and Portugal,

Recalling General Assembly resolutions 1514 (XV), 1541(XV), 2625(XXV) and
the relevant resolutions and decisions adopted by the Security Council and
the General Assembly on the question of East Timor;

Bearing in mind the sustained efforts of the Governments of Indonesia and
Portugal since July 1983, through the good offices of the Secretary-General,
to find a just, comprehensive and internationally acceptable solution to the
question of East Timor;

Recalling the agreement of 5 August 1998 to undertake, under the auspices of
the Secretary-General, negotiations on a special status based on a
wide-ranging autonomy for East Timor without prejudice to the positions of
principle of the respective Governments on the final status of East Timor;

Having discussed a constitutional framework for an autonomy for East Timor
on the basis of a draft presented by the United Nations, as amended by the
Indonesian Government;

Noting the position of the Government of Indonesia that the proposed special
autonomy should be implemented only as an end solution to the question of
East Timor with full recognition of Indonesian sovereignty over East Timor;

Noting the position of the Government of Portugal that an autonomy regime
should be transitional, not requiring recognition of Indonesian sovereignty
over East Timor or the removal of East Timor from the list of
Non-Self-Governing Territories of the General Assembly, pending a final
decision on the status of East Timor by the East Timorese people through an
act of self-determination under United Notions auspices;

Taking into account that although the Governments of Indonesia and Portugal
each have their positions of principle on the prepared proposal for special
autonomy, both agree that it is essential to move the peace process forward,
and that therefore, the Governments of Indonesia and Portugal agree that the
Secretary-General should consult the East Timorese people on the
constitutional framework for autonomy attached hereto as an annex;

Bearing in mind that the Governments of Indonesia and Portugal requested the
Secretary-General to devise the method and procedures for the popular
consultation through a direct, secret and universal ballot;

Agree as follows:

Article 1
Request the Secretary-General to put the attached proposed constitutional
framework providing for a special autonomy for East Timor within the unitary
Republic of Indonesia to the East Timorese people, both inside and outside
East Timor, for their consideration and acceptance or rejection through a
popular consultation on the basis of a direct, secret and universal ballot.

Article 2
Request the Secretary-General to establish, immediately after the signing of
this Agreement, an appropriate United Nations mission in East Timor to
enable him to effectively carry out the popular consultation.

Article 3
The Government of Indonesia will be responsible for maintaining peace and
security in East Timor in order to ensure that the popular consultation is
carried out in a fair and peaceful way in an atmosphere free of
intimidation, violence or interference from any side.

Article 4
Request the Secretary-General to report the result of the popular
consultation to the Security Council and the General Assembly, as well as to
inform the Governments of Indonesia and Portugal and the East Timorese
people.

Article 5
If the Secretary-General determines, on the basis of the result of the
popular consultation and in accordance with this Agreement, that, the
proposed constitutional framework for special autonomy is acceptable to the
East Timorese people, the Government of Indonesia shall initiate the
constitutional measures necessary for the implementation of the
constitutional framework, and the Government of Portugal shall initiate
within the United Nations the procedures necessary for the removal of East
Timor from the list of Non-Self-Governing Territories of the General
Assembly and the deletion of the question of East Timor from the agendas of
the Security Council and the General Assembly.

Article 6
If the Secretary-General determines, on the basis of the result of the
popular consultation and in accordance with this Agreement, that the
proposed constitutional framework for special autonomy is not acceptable to
the East Timorese people, the Government of Indonesia shall take the
constitutional steps necessary to terminate its links with East Timor thus
restoring under Indonesian law the status East Timor held prior to 17 July
1976, and the Governments of Indonesia and Portugal and the
Secretary-General shall agree on arrangements for a peaceful and orderly
transfer of authority in East Timor to the United Nations.  The
Secretary-General shall, subject to the appropriate legislative mandate,
initiate the procedure enabling East Timor to begin a process of transition
towards independence.

Article 7
During the interim period between the conclusion of the popular consultation
and the start of the implementation of either option, the parties request
the Secretary-General to maintain an adequate United Nations presence in
East Timor.

DONE in New York on this 5th day of May, 1999.

For the Government of Indonesia:

/s/
Ali Alatas
Minister for Foreign Affairs of Indonesia


For the Government of Portugal:

/s/
Jaime Gama
Minister for Foreign Affairs of Portugal


Witnessed:

/s/
Kofi A. Annan
Secretary-General
United Nations