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East Timor
UN Security Council Resolution 1272
Adopted at its 4057th meeting, on 25 October 1999
The Security Council,
Recalling its previous resolutions and the statements of its
President on the situation in East Timor, in particular resolutions
384 (1975) of 22 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) of 15 September 1999,
Recalling also the Agreement between Indonesia and Portugal on the
question of East Timor of 5 May 1999 and the Agreements between the
United Nations and the 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 of its 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 the East Timorese
people,
Welcoming the decision of the Indonesian People's Consultative
Assembly on 19 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 of
Indonesia,
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 to resolution 1264 (1999) and with the United
Nations Transitional Administration in East Timor,
Expressing its concern at reports indicating that systematic,
widespread and flagrant violations of international humanitarian and
human rights law have been committed in East Timor, stressing that
persons committing such violations bear individual responsibility,
and calling on all parties to cooperate with investigations 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
following elements:
(a) To provide security and maintain law and order throughout the
territory 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
along the 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 an
international 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 to 200 military observers;
4. Authorizes UNTAET to take all necessary measures to fulfil its
mandate;
5. Recognizes that, in developing and performing its functions under
its mandate, UNTAET will need to draw on the expertise and capacity
of Member States, United Nations agencies and other international
organizations, including the international financial institutions;
6. Welcomes the intention of the Secretary-General to appoint a
Special Representative who, as the Transitional Administrator, will
be responsible for all aspects of the United Nations work in East
Timor and will have the power to enact 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 the East Timorese people in order to carry out its mandate
effectively with a view to the development of local democratic
institutions, including an independent East Timorese human rights
institution, and the transfer to these institutions of its
administrative and public service functions;
9. Requests UNTAET and the multinational force deployed pursuant to
resolution 1264 (1999) to cooperate closely with each other, with a
view also to the replacement as soon as possible of the
multinational force by the military component of UNTAET, as notified
by the Secretary-General having consulted the leadership of the
multinational force, taking into account conditions on the ground;
10. Reiterates the urgent need for coordinated humanitarian and
reconstruction assistance, and calls upon all parties to cooperate
with humanitarian and human rights organizations so as to ensure
their safety, the protection of civilians, in particular children,
the safe return of refugees and displaced persons and the effective
delivery of humanitarian aid;
11. Welcomes the commitment of the Indonesian authorities to allow
the refugees and displaced persons in West Timor and elsewhere in
Indonesia to choose whether to return to East Timor, remain where
they are or be resettled in other parts of Indonesia, and stresses
the importance of allowing full, safe and unimpeded 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 of refugees, and the civilian and
humanitarian character of refugee camps and settlements, in
particular by curbing the violent and intimidatory activities of the
militias there;
13. Welcomes the intention of the Secretary-General to establish a
Trust Fund 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
organizations to provide personnel, equipment and other resources to
UNTAET as requested by the Secretary-General, including for the
building of basic institutions and capacity, and stresses the need
for the closest possible coordination of these efforts;
15. Underlines the importance of including in UNTAET personnel with
appropriate training in international humanitarian, human rights and
refugee law, including child and gender-related provisions,
negotiation and communication 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 such violence be brought to justice;
17. Decides to establish UNTAET for an initial period until 31
January 2001;
18. Requests the Secretary-General to keep the Council closely and
regularly informed of progress towards the implementation of this
resolution, including, in particular, with regard to the deployment
of UNTAET and possible future reductions of its military component
if the situation in East Timor improves, and to submit a report
within three months of the date of adoption of this resolution and
every six months thereafter;
19. Decides to remain actively seized of the matter.
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