The Sydney Morning Herald
http://www.smh.com.au/news/0010/17/text/national3.html

Timor's oil and gas share 'must be seen to be fair'

Date: 17/10/2000

By DAVID LAGUE

The United Nations is determined to enforce what it believes is East 
Timor's legal right to 90 per cent of Timor Sea oil and gas revenues, 
potentially worth billions of dollars and now shared evenly with Australia.

Australia and the UN Transitional Authority in East Timor (UNTAET) last 
week completed the first round of negotiations for a treaty intended to 
replace the controversial Timor Gap treaty signed with Indonesia in 1989.

Australian officials have refused to discuss the substance of the 
negotiations or the Howard Government's desired share of income from the 
Timor Sea oil and gas deposits after impoverished East Timor becomes 
independent next year.

However, a member of the Cabinet of East Timor's transitional government 
and former United States diplomat, Mr Peter Galbraith, said yesterday that 
an independent East Timor would have a "sovereign right" to a continental 
shelf that extended to a mid-point between the two countries.

"East Timor has clear entitlements under international law and I doubt the 
East Timorese are likely to accept something less than they are entitled 
to," he said.

"To be honest, the United Nations could not reconcile and I personally 
could not reconcile accepting something the East Timorese could not accept, 
something that was not comparable to that which they are entitled."

Legal and petroleum industry authorities believe that if East Timor's 
economic zone extended to a mid-point between the two countries, the new 
nation could claim at least 90 per cent of the Timor Sea's known oil and 
gas deposits.

They also believe that the International Court of Justice would uphold East 
Timor's claim if the two sides failed to reach agreement.

There are projections from oil industry experts that government revenues 
for oil alone from the Bayu-Undan field in the zone now shared with 
Australia could reach more than $5 billion over 24 years if this went ahead.

A consortium headed by Phillips Petroleum late last year announced that it 
would go ahead with initial development of the field.

Some observers believe the Howard Government is attempting to conceal its 
bid to minimise East Timor's share of Timor Sea mineral wealth because it 
would be unpopular domestically where there is strong support for the long 
suffering East Timorese. It could also damage Australia's international 
reputation as the saviour of East Timor.

A spokesman for the Minister for Foreign Affairs, Mr Downer, was unable 
yesterday to comment on the outcome of the first round of talks.

He said it was necessary to conclude a new agreement to avoid a "legal 
vacuum" when East Timor became independent.

Diplomatic analysts believe Australia managed to extract the favourable 
agreement from Indonesia to share the spoils of the Timor Sea as a form of 
compensation for recognising Jakarta's 25 years of often bloody rule over 
East Timor.

Mr Galbraith, who took part in last week's talks, said there was no lawful 
treaty now covering the Timor Sea.

"Indonesia had no legal authority to contract for East Timor," he said.

"The UN is seeking an arrangement that gives East Timor what is East 
Timor's legal right or its equivalent under international law."

This material is subject to copyright and any unauthorised use, copying or 
mirroring is prohibited.



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