United Nations Security Council Resolution 1272 – East Timor

Resolution 1272 (1999)

The Security Council,

Recalling its previous resolutions and the statements of its President onthe situation in East Timor, in particular resolutions 384 (1975) of22 December 1975, 389 (1976) of 22 April 1976, 1236 (1999) of 7 May 1999,1246 (1999) of 11 June 1999, 1262 (1999) of 27 August 1999 and 1264 (1999) of15 September 1999,

Recalling also the Agreement between Indonesia and Portugal on the questionof East Timor of 5 May 1999 and the Agreements between the United Nations andthe Governments of Indonesia and Portugal of the same date regarding the modalities for the popular consultation of the East Timorese through a direct ballot and security arrangements (S/1999/513, annexes I to III),

Reiterating its welcome for the successful conduct of the popular consultation of the East Timorese people of 30 August 1999, and taking note ofits outcome through which the East Timorese people expressed their clear wish to begin a process of transition under the authority of the United Nations towards independence, which it regards as an accurate reflection of the views of theEast Timorese people,

Welcoming the decision of the Indonesian People’s Consultative Assembly on19 October 1999 concerning East Timor,

Stressing the importance of reconciliation among the East Timorese people,

Commending the United Nations Mission in East Timor (UNAMET) for the admirable courage and determination shown in the implementation of its mandate,

Welcoming the deployment of a multinational force to East Timor pursuant to resolution 1264 (1999), and recognizing the importance of continued cooperation between the Government of Indonesia and the multinational force in this regard,

Noting the report of the Secretary-General of 4 October 1999 (S/1999/1024),

Noting with satisfaction the successful outcome of the trilateral meeting held on 28 September 1999, as outlined in the report of the Secretary-General,

Deeply concerned by the grave humanitarian situation resulting from violence in East Timor and the large-scale displacement and relocation of East Timorese civilians, including large numbers of women and children,

Reaffirming the need for all parties to ensure that the rights of refugees and displaced persons are protected, and that they are able to return voluntarily in safety and security to their homes,

Reaffirming respect for the sovereignty and territorial integrity ofIndonesia,

Noting the importance of ensuring the security of the boundaries of East Timor, and noting in this regard the expressed intention of the Indonesian authorities to cooperate with the multinational force deployed pursuant toresolution 1264 (1999) and with the United Nations Transitional Administration in East Timor,

Expressing its concern at reports indicating that systematic, widespreadand flagrant violations of international humanitarian and human rights law havebeen committed in East Timor, stressing that persons committing such violations bear individual responsibility, and calling on all parties to cooperate withinvestigations into these reports,

Recalling the relevant principles contained in the Convention on the Safety of United Nations and Associated Personnel adopted on 9 December 1994,

Determining that the continuing situation in East Timor constitutes a threat to peace and security,

Acting under Chapter VII of the Charter of the United Nations,

1. Decides to establish, in accordance with the report of the Secretary-General, a United Nations Transitional Administration in East Timor (UNTAET),which will be endowed with overall responsibility for the administration of East Timor and will be empowered to exercise all legislative and executive authority,including the administration of justice;

2. Decides also that the mandate of UNTAET shall consist of the followingelements:

(a) To provide security and maintain law and order throughout theterritory of East Timor;

(b) To establish an effective administration;

(c) To assist in the development of civil and social services;

(d) To ensure the coordination and delivery of humanitarian assistance,rehabilitation and development assistance;

(e) To support capacity-building for self-government;

(f) To assist in the establishment of conditions for sustainable development;

3. Decides further that UNTAET will have objectives and a structure alongthe lines set out in part IV of the report of the Secretary-General, and in particular that its main components will be:

(a) A governance and public administration component, including aninternational police element with a strength of up to 1,640 officers;

(b) A humanitarian assistance and emergency rehabilitation component;

(c) A military component, with a strength of up to 8,950 troops and up to200 military observers;

4. Authorizes UNTAET to take all necessary measures to fulfil itsmandate;

5. Recognizes that, in developing and performing its functions under itsmandate, UNTAET will need to draw on the expertise and capacity of MemberStates, United Nations agencies and other international organizations, includingthe international financial institutions;

6. Welcomes the intention of the Secretary-General to appoint a SpecialRepresentative who, as the Transitional Administrator, will be responsible forall aspects of the United Nations work in East Timor and will have the power toenact new laws and regulations and to amend, suspend or repeal existing ones;

7. Stresses the importance of cooperation between Indonesia, Portugal and UNTAET in the implementation of this resolution;

8. Stresses the need for UNTAET to consult and cooperate closely with theEast Timorese people in order to carry out its mandate effectively with a viewto the development of local democratic institutions, including an independentEast Timorese human rights institution, and the transfer to these institutionsof its administrative and public service functions;

9. Requests UNTAET and the multinational force deployed pursuant toresolution 1264 (1999) to cooperate closely with each other, with a view also tothe replacement as soon as possible of the multinational force by the militarycomponent of UNTAET, as notified by the Secretary-General having consulted theleadership of the multinational force, taking into account conditions on theground;

10. Reiterates the urgent need for coordinated humanitarian and reconstruction assistance, and calls upon all parties to cooperate withhumanitarian and human rights organizations so as to ensure their safety, theprotection of civilians, in particular children, the safe return of refugees anddisplaced persons and the effective delivery of humanitarian aid;

11. Welcomes the commitment of the Indonesian authorities to allow therefugees and displaced persons in West Timor and elsewhere in Indonesia tochoose whether to return to East Timor, remain where they are or be resettled inother parts of Indonesia, and stresses the importance of allowing full, safe andunimpeded access by humanitarian organizations in carrying out their work;

12. Stresses that it is the responsibility of the Indonesian authorities to take immediate and effective measures to ensure the safe return of refugees in West Timor and other parts of Indonesia to East Timor, the security ofrefugees, and the civilian and humanitarian character of refugee camps and settlements, in particular by curbing the violent and intimidatory activities ofthe militias there;

13. Welcomes the intention of the Secretary-General to establish a TrustFund available for, inter alia, the rehabilitation of essential infrastructure,including the building of basic institutions, the functioning of public services and utilities, and the salaries of local civil servants;

14. Encourages Member States and international agencies and organizationsto provide personnel, equipment and other resources to UNTAET as requested bythe Secretary-General, including for the building of basic institutions andcapacity, and stresses the need for the closest possible coordination of these efforts;

15. Underlines the importance of including in UNTAET personnel withappropriate training in international humanitarian, human rights and refugeelaw, including child and gender-related provisions, negotiation andcommunication skills, cultural awareness and civilian-military coordination;

16. Condemns all violence and acts in support of violence in East Timor,calls for their immediate end, and demands that those responsible for suchviolence be brought to justice;

17. Decides to establish UNTAET for an initial period until31 January 2001;

18. Requests the Secretary-General to keep the Council closely andregularly informed of progress towards the implementation of this resolution,including, in particular, with regard to the deployment of UNTAET and possiblefuture reductions of its military component if the situation in East Timorimproves, and to submit a report within three months of the date of adoption ofthis resolution and every six months thereafter;

19. Decides to remain actively seized of the matter.

Adopted by the Security Council at its 4057th meeting,on 25 October 1999.