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Under Pressure: FALINTIL - Forcas de Defesa de Timor-Leste.
Under Pressure: FALINTIL - Forcas de Defesa de Timor-Leste.
139
UNDER PRESSURE FALINTIL FORAS DE DEFESA DE TIMOR LESTE THREE DECADES OF DEFENCE FORCE DEVELOPMENT IN TIMOR LESTE 1975 -2004
Edward Rees
UNDER PRESSURE FALINTIL FORAS DE DEFESA DE TIMOR LESTE THREE DECADES OF DEFENCE FORCE DEVELOPMENT IN TIMOR LESTE 1975 -2004
Edward Rees
DCAF Working Papers Series DCAF Working Paper Series constitutes studies designed to promote reflection and discussion on civil-military relations and issues of democratic control over defence and security sector. These studies are preliminary and subject to further revisions. The publication of these documents is unedited and unreviewed. The views and opinions expressed are those of the author(s) and do not necessarily reflect those of the Geneva Centre for the Democratic Control of Armed Forces. DCAF Working Papers are not for quotation without permission from the author(s) and the Geneva Centre for the Democratic Control of Armed Forces.
INTERFET IOM MACP JSMP NC NSA ODFD PKF PNTL POLRI RDTL RDS SID SNSE
International Force for East Timor International Organisation for Migration Military Aid to the Civil Power Judicial System Monitoring Programme National Council National Security Adviser Office for Defence Force Development Peacekeeping Force (a component of UNTAET/UNMISET) Policia National de Timor Leste Indonesian Police Repblica Democrtica de Timor Leste Rapid Deployment Service Strategic Intelligence Division Servios Nacional de Segurana do Estado (State National Security Service)
SPU SRSG SSOD TNI UDT UNAMET UNDP UNMISET UNPOL UNTAET
Special Police Unit Special Representative of the Secretary General Secretary of State for Defence Tentara Nasional Indonesia (Indonesian National Military) Unio Democrtica Timorense (Timorese Democratic Union) United Nations Mission in East Timor United Nations Development Programme United Nations Mission of Support in East Timor United Nations Police United Nations Transitional Administration in East Timor
UNDER PRESSURE FALINTIL FORAS DE DEFESA DE TIMOR LESTE THREE DECADES OF DEFENCE FORCE DEVELOPMENT IN TIMOR LESTE: 1975 - 2004
Edward Rees1
Introduction: F-FDTL at Three Years Old January 2004
Timor Leste2 is faced with a major challenge in consolidating its nascent democracy, this being the overdue establishment of a national security framework supported by legislation. In conjunction, civilian oversight and management structures for the security sector are weak to non-existent in Timor Leste. This is most pronounced in the case of Timor Lestes defence force and police services, and especially so in those areas where their responsibilities overlap. A major obstacle to overcoming this challenge are political divisions that exist between those who identify themselves as being veterans of the resistance to Indonesias occupation 1975-99. The role of veterans dominates the
countrys political equation from the villages to the capitol. These divisions are manifested in the ill-advised and ongoing creation of the state's security institutions. That the United Nations security forces withdrawal from Timor Leste will be complete in May 2004 underscores the pressing nature of this problem. The below paper will
examine the development of the defence force with some allusion to the police services. I will view the development of defence forces from the inception of an indigenous armed force in 1975.
The author was Political Officer in UNTAETs Oecusse Administration, Office for Defence Force Subsequently, Mr, Rees managed the
Security Sector Reform Program of the National Democratic Institute in Dili, Timor Leste. Opinions remain the authors alone.
2
Timor Leste is the official (and Portuguese language) name for East Timor.
occupation it was known as Propinsi Timor Timur (East Timor Province), in Timor Lestes traditional lingua franca, Tetum, it is known as Timor Loro sae. See Appendix XIII for a Map of Timor Leste.
FALINTIL- Foras de Defesa de Timor Leste (F-FDTL)3 is the post independence embodiment of Foras Armadas de Liberatao National de Timor Leste (FALINTIL). FALINTIL was originally the armed wing of the political party, Frente Revolucionria de Liberatao Nacional de Timor Leste (FRETILIN). Shortly after its founding it crushed an attempted coup detat launched by its political opposition the Unio Democrtica Timorense (UDT) in August 1975.4 UDT auxiliaries.5 After a short civil war FALINTIL resisted the
December 1975 Indonesian invasion of Timor Leste, which was initially supported by By 1979 FALINTIL and FRETILIN (those remaining inside Timor
Leste) were scattered, killed or captured and its leadership inside Timor Leste virtually destroyed. During the 1980s FALINTIL was transformed from a partisan FRETILIN force into a non-partisan force representing the full spectrum of Timor Lestes nationalist parties including but not limited to UDT. While FALINTIL adapted to its political
circumstances over the course of its history it also adapted to its changing operational conditions. Originally formed as a regular armed force it was forced to transition into a guerrilla force in the face of Indonesias relative military superiority. Once occupation was consolidated in the 1980s and FALINTIL had shifted from a partisan to a nonpartisan footing, as part of the Conselho Nacional de Resistencia Maubere (CNRM), it consisted of a small and determined, yet symbolically important, guerrilla force linked to a broader civilian resistance movement. Recognising that military victory was impossible this combined movement was guided and motivated by the search for a political solution to Indonesias occupation. History bears witness that it was a successful strategy.
Since its formation on 1 February 2001 F-FDTL has been undergoing a transformation from being the armed wing of a political resistance movement6, to that of a professional
FALINTIL was retired on 1 February 2001 and F-FDTL founded in a joint ceremony at FALINTILs
FALINTIL was founded on 20 August 1975 in reaction to UDTs attempted coup. 20 August (FALINTIL
Day) retains huge symbolic importance in Timor Leste, second only to the anniversary of 28 November 1975, when Timor Leste declared its independence in anticipation of Indonesias invasion on 7 December 1975.
5 6
These UDT auxiliaries soon became disillusioned with their cooperation with Indonesia. The Conselho Nacional de Resistencia Timorense (CNRT). The East Timorese independence organisation
defence force.
It is under pressure from a variety of sources, all of which create F-FDTL finds itself under the pressure of
limited resources, a lack of policy guidance, and shaky morale. In an historical sense it is under pressure as its very legitimacy is questioned by some political factions within Timor Lestes society. While this transformation is far advanced one cannot divorce FFDTL from its FALINTIL roots, to do so would be to misunderstand it, and to misjudge its future direction.
While a states defence force is potentially a crucial strategic asset, vital for maintaining the states integrity, it can also present a dangerous strategic liability with the ability to undermine and indeed overthrow civilian control of the state. Defence forces possess a concentration of force unlike that of any other state institution, including police services, and can emerge not only as the ultimate defender of a states integrity, but also of the potential demise of civil government. It is therefore crucial to bring the military under civilian control as early as possible. Defence force development is not simply an
exercise in the advancement of military-technical prowess; it is additionally, and properly, the development of adequate civilian oversight and management mechanisms designed to:
1. ensure civilian control; 2. provide for appropriate supporting management structures; 3. provide for adequate funding levels; 4. provide political and policy guidance; and 5. provide political legitimacy.
Indeed, F-FDTL is under pressure to provide management mechanisms in all of the above areas. History is littered with examples of defence force adventures; this is especially so in those states emerging from colonial rule and/or occupation, and in which
robust civilian oversight and management structures were yet to be developed.7 Timor Lestes emerging democracy is no exception to this rule.
Timor Leste is arguably an anomaly. It is, in the twenty first century, one of the worlds last European colonial possessions to have achieved independence. Centuries of Portuguese colonial rule were followed by a quarter century of Indonesian military occupation, and, to date, over four years of United Nations stewardship.8 On 20 May 2002 Timor Leste achieved sovereignty and took its place among the community of nations.
A states defence force is a mirror of the historical experiences of its society. This is very much the case with Timor Leste. F-FDTL is an expression of a society that has experienced a series of traumatic and disenfranchising events.9 Military suppression in one form or another dominates Timor Lestes history. The United Nations interregnum between Indonesian military occupation and independence was characterised by relatively benign, yet partially misguided international actors who played a role in designing the Timor Lestes state institutions. Importantly, the UN largely acquiesced to indigenous political pressures in the design of F-FDTL. Within this framework F-FDTL is but one of many institutions which is struggling to make its way and build political
In the last 25 years in Timor Lestes region alone, Indonesia, the Philippines, Thailand, Fiji, Papua New
Guinea, Myanmar, Cambodia, Vietnam, have all illustrated a propensity for defence force adventures at one time or another.
8
UNTAET was established in November 1999. It was charged with acting as a Transitional Administration
was a wide ranging mandate to establish the structures of an East Timorese state, whilst maintaining peace and security in a post conflict setting. UNMISET was established in May 2002 charged with a mandate to support the East Timorese government in defence and security, in addition to a range of civilian support activities. UNMISET is scheduled to complete its mandate in May 2004, but may be extended.
9
In 1912 and 1959 Timor Leste experienced rebellions against Portuguese colonial rule.
They were
suppressed by the Portuguese Army, colonial troops and local auxiliaries resulting in thousands of killed and wounded. Indonesias invasion in 1975 and subsequent occupation until 1999 caused hundreds of thousands of deaths. Indonesias security forces and local militias killed over 1 500 people in the wake of the 1999 referendum, in addition to looting and destroying over 80% of all buildings into the country and forcing a third of the population into flight.
legitimacy in the eyes of many East Timorese. The F-FDTL is, however, the only body with control of overwhelming coercive force.
F-FDTL is the object of deep affection in many sectors of society, while in others it is viewed with great distrust. operationally. It remains fundamentally untested politically as well as
management of the defence force that the public will begin to feel that it, across the political spectrum, controls, has ownership of, and is therefore able to oversee and manage the F-FDTL. That civilian oversight does not yet exist.
THE PRESENT
F-FDTLs Legal and Constitutional Framework
Two acts of legislation dating from United Nations Transitional Administration in East Timor (UNTAET) period govern the F-FDTL, and as such are seriously out of date with contemporary realities. The enabling regulation UNTAET/REG/2001/110 is supported by UNTAET/REG/2001/911. They were, in fact, edicts of the then Transitional Administrator, Sergio Vieira de Mello, they were passed with little input from the National Council (NC) Timor Lestes appointed transitional legislative body.12 These acts predate Timor
Lestes Constitution, and are not in line with the Constitution in the key areas of civilian oversight and management of the defence force. The result causes considerable
confusion as to the ultimate command and control of the F-FDTL, let alone the definition of its broad responsibilities. Notwithstanding this confusion, the Constitution is itself also unclear about command and control.
Drafts of a new Defence Act, in addition to a Military Aid to the Civil Power (MACP) Act have been in existence since at least July 200213, but have yet to be presented to the National Parliament for approval. The long delay in development and execution of more relevant legislation is due to a number of factors, not least of which are the ambiguities found in the Constitution, as well as serious political differences that exist between the President Xanana Gusmao,14 Prime Minister Mari Alkatiri15, Minister for the Interior
10
January 2001.
11 12
ON AMENDMENTS TO UNTAET REGULATION 2001/1, ON UNTAET/REG/2001/9, 29 June 2001. For all intents and purposes UNTAET presented the regulation to the National Council as a fait accompli
Interviews with Member of the Council of Ministers July 2002. Xanana Gusmao was a junior FALINTIL commander and member of FRETILIN Central Committee at the
time of Indonesias invasion in 1975. He rose to command FALINTIL in 1981 and by 1987 had recreated FALINTIL from being tied to a single party to that of all nationalist parties. In 1992 he was captured by Indonesian security forces and was subsequently incarcerated as a political prisoner in the custody of the Indonesian government. In 1999 he was President of CNRT and Commander in Choef of FALINTIL. In
April 2002 he was overwhelmingly elected President of the Democratic Republic of Timor Leste.
Rogerio Lobato16, the Secretary of State for Defence Roque Rodrigues17 and the Chief of the Defence Force, Brigadier-General Taur Matan Ruak.18
The single specific reference to the F-FDTL in the Constitution states that;
15
Mari Alkatiri was an original founder of FRETILIN and acted as Minister for Political Affairs in the short-
lived 1975 Democratic Republic of Timor Leste which fell to Indonesian military after 7 December 1975. He spent the period of Indonesian occupation in exile in Mozambique and acted as the Leader of the FRETILIN External Delegation. In 2000 he was elected Secretary General of the Party by the Cntral Committee. Under his tutelage FRETILIN won the general election of August 2001 and he became Chief Minister in the Transitional Administration. He became Prime Minister on 20 May 2002.
16
Rogerio Lobato was briefly Commander of Falintil and then Minister of Defence in the short lived 1975
RDTL prior to Indonesias invasion. After living for 24 years abroad during the Indonesian occupation he had a fractured relationship with Fretilin External Delegation during that time. Is now Minister of the Interior with responsibility for the police services - as well as a leading member of the FRETILIN Central Committee.
17
Roque Rodrigues was Director of the ODFD (November 2000 April 2002), in addition to Vice-Minister of
Education (November 2001 May 2002). Earlier he was Chief of Staff to Xanana Gusmao, when President of the CNRT and Commander in Chief of Falintil. A former member of the Portuguese army and founder of Fretilin and long time member of the External Delegation of Fretilin in Mozambique along with the current Prime-Minister Mari Alkatiri, he fell out of favour with the Central Committee in 2000 and elected to withdraw from the Central Committee.
18
Taur Matan Ruak (Jose Maria Vasconcelos) halis from Baguia Baucau, and joined FALINTIL at the time of Between 1976 and 1979 he held the following commands -
Assistant to the Laga Command; Commander of Central East Sector Company One; Commander of Central East Sector Intervention Forces Company; Assistant to the Central East Sector Operational Command; Commander of Ponta Leste Sector Company One; Commandant of the Intervention Company of the Matebian Base; and Assistant to the Sector RC Commander. In 1983 Ruak was promoted and made responsible for strategic planning of commando operations in the Ponta Leste Sector (the Far Eastern Sector). In 1986 he was promoted he was promoted to Deputy Chief-of-Staff, and was responsible for all commando operations throughout Timor Leste until 1993. In November 1992 Commander-in-Chief Xanana Gusmao was captured. Ruak was promoted from Deputy Chief-of-Staff to Chief-of-Staff. Commander Lere and Commander David Alex Daitula were appointed as deputies. Commander Nino Konis Santana was appointed FALINTIL Commander on 5 April 1993. Daitula was captured and killed by Indonesian troops on
th 25 June 1997 and the accidental death of Konis Santana less than a year later on 11 March 1998, left the
leadership once again diminished. Commander Ruak became the Operational Commander of FALINTIL. In 2001 Ruak became Brigadier-General and Chief of the Defence Force (F-FDTL).
The Timor Leste defence force, FALINTIL-FDTL, composed exclusively by national citizens, has the responsibility of providing military defence for the Democratic Republic of East Timor and shall have a single system of organisation for the whole national territory.
FALINTIL-FDTL shall guarantee national independence, territorial integrity and the freedom and security of the populations against any aggression or external threat, in respect for the constitutional order.
FALINTIL-FDTL shall be non-partisan and shall owe obedience to the competent organs of sovereignty in accordance with the Constitution and the laws, and shall not intervene in political matters.19
While suitably vague this section does make the important distinction that the F-FDTL will act according to the law, and is not to intervene in political matters. As will be demonstrated below, this is has not always been adhered to. As with any other nascent institution, F-FDTL is on a steep learning curve. The question is whether or not it can weather crises appropriately whilst on this learning curve.
The Constitution clearly articulates that, The President of the Republic is Commander in Chief of the Defence Force.20 According to the Constitution the President also has the power to appoint and dismiss the Chief of the Defence Force in addition to the Chief of Staff. Yet the existing legislation does not refer to the President, the Prime Minister nor the Secretary of State for Defence. They refer only to a now long departed Transitional Administrator and the Chief of the Defence Force. However, these regulations have long since been trumped by the Constitution, which also states that the President has the following competencies:
19 20
Constitution of the Democratic Republic of East Timor. Chapter III, Part V, Section 146. Constitution of the Democratic Republic of East Timor. Title II, Chapter I, Section 74.
To declare the state of siege or the state of emergency following authorisation of the National Parliament, after consultation with the Council of State, the Government and the Supreme Council of Defence and Security.21
To declare war and make peace following a Government proposal, after consultation with the Council of State and the Supreme Council of Defence and Security, under authorisation of the National Parliament.22
To declare war in case of effective or imminent aggression and make peace, following proposal by the Government, after consultation with the Supreme Council for Defence and Security and following authorisation of the National Parliament or of its Standing Committee.23
While the President is nominally in command of the F-FDTL, powers over government expenditure and policy rest entirely with the Council of Ministers and the National Parliament. The President has in fact no statutory control over the purse strings.24
However, the F-FDTLs officer corps retains a highly personal and politicised relationship with the President. While he may be in command he has in fact little institutional control over the F-FDTL.25
The Presidents constitutional relationship on matters relating to defence and security with the Government (the Prime Minister, the Secretary of State for Defence, the Council of Ministers) and the two aforementioned Councils is at best poorly defined or at worst non-existent.26 A balance has been struck in the last three years largely due to the
21 22 23 24 25
Constitution of the Democratic Republic of East Timor, Title II, Chapter II, Section 85. Constitution of the Democratic Republic of East Timor, Title II, Chapter II, Section 85. Constitution of the Democratic Republic of East Timor, Title II, Chapter II, Section 87. The President of the Republic does have the power to veto Acts of the Parliament for secondary review. Regardless of the legal situation I have little doubt that Taur Matan Ruak would bring out the boys if
Xanana Gusmao told him to. This is an ever present reality [albeit very remote]. Email communication with a former senior UNTAET official, January 2004.
26
Constitution of the Democratic Republic of East Timor, Chapter III, Part V, Section 148.
However,
changing circumstances and/or personalities could cause this balance to be dangerously disrupted with dire consequences for Timor Leste. While the UNTAET era regulations and oversight mechanisms were sufficient for the Transitional Administration they are completely inadequate in 2004 and beyond. In recognition of the relative vacuum in this area, in a December 2003 address to the National Parliament, President Gusmao stated that There is great need in the coming 6 months to establish the two presidential consultative bodies: the Council of State and the Superior Council for Defence and Security.27
Council of State
President
It is important to note that the President, the Prime Minister, the Secretary of State for Defence, the Minister of the Interior, the Foreign Minister and the President of the National Parliament (along with many others in Government) were part of the 1975 civil war and are scarred by this experience. Consequently, the Constitution and other forms of control over armed forces are highly contentious issues. While the existing state of a
1. The Superior Council for Defence and Security is the consultative organ of the President of the Republic on matters relating to defence and sovereignty. 2. The Superior Council for Defence and Security shall be headed by the President of the Republic and shall include civilian and military entities, the number of civilian entities being higher than the number of military entities. 3. The composition, organisation and functioning of the Superior Council for Defence and Security shall be defined by law.
27
MESSAGE END OF YEAR - 2004 MUST BE THE YEAR OF STABILITY BY H.E. KAY RALA XANANA
10
policy free zone allows for the flexibility necessary to reach short term compromise, it is a dangerous dynamic should the personalities or politics become unbalanced.
The Secretary of State for Defence, Roque Rodrigues, was appointed on 18 April 2002, just one month before UNTAETs mandate came to an end.28 The Secretary sits on the Council of Ministers and as such represents the interests of the F-FDTL at the highest level of government. He is officially politically independent and is an unelected member of the Government of the Repblica Democrtica de Timor Leste (G-RDTL). With the exception of the Secretary, the F-FDTL has no effective civilian oversight or management structures in place (with the exception of the ODFD an international ad hoc arrangement and effectively unaccountable). Development of such structures was a prerequisite for international assistance to F-FDTL as initiated in 2000, and yet little progress has been made in the subsequent three years. By July 2002 the Secretary had drafted a plan, in conjunction with the Chief of the Defence Force (CDF) (assisted by the Office for Defence Force Development (ODFD)), to establish a small Secretariat that would act as the civilian ministry for the F-FDTL. This plan envisaged a body of 37 defence civil servants, supplemented by 7 F-FDTL officers and 3 ODFD personnel.
During the August 2002 Defence Donors Conference representatives of Australia, the UK, the USA, and New Zealand were especially eager to learn of plans for the development of the Secretariat of the SSOD.29 Donors and partners were made
assurances that efforts were underway to establish such a body but that it would likely be reduced in number to less than fifteen personnel. Furthermore, it became clear that a dearth of qualified candidates and a lengthy recruitment process were hampering such efforts. As of January 2004 only four junior civil servants have been recruited and there are plans to eventually absorb sixteen more into the Secretariat.30 Delays in this process are partially due to the fact that the Secretary has considerable trust in the personalities
28 29 30
Sergio Vieira de Mello Transitional Administrator. Speech to the Constituent Assembly 10 May 2002. Third International Defence Donors Conference, Minutes, ODFD, Dili, Timor Leste, 28-29 August 2002. Email communication from UNMISET official December 2003.
11
currently forming the F-FDTL High Command. Such reliance on personalities rather than structures, policies and procedures is not unique to the defence force and is a problem facing many other sectors of government. However, it is possible to foresee problems arising from such a dynamic in the area of defence. Also, many candidates are loath to enter the Secretariat due to the broader political issues and controversy that surround the defence force within the community.31 Furthermore, the relative
inexperience and junior status of the current Secretariat staff and the lack of senior, experienced personnel in the hierarchy - renders the provision of the executive oversight and management of the F-FDTL relatively ineffectual.
The ODFD is a quasi-independent body of international advisers attached to the offices of the Secretary of State for Defence, and the Chief of the Defence Force. Establishment of the ODFD occurred in the wake of the first Defence Force Donors Conference convened in Dili in November 2000.
By November 2000 FALINTIL had become increasingly disruptive, ill-disciplined and/or absent from its Aileu cantonment.32 Both UNTAET and East Timorese officials were eager to find a solution to the question of FALINTILs future. At the request of UNTAET and Conselho Nacional de Resistencia Timorense (CNRT) leadership, and funded by the UKs Department for International Development (DFID), Kings College London conducted a review of the security sector in Timor Leste from May August 2000.33 It proposed three options for a defence force, with the third option being accepted by UN and CNRT officials.34 The November Conference was designed to approve Option
31
Telephone communication with an East Timorese commentator on defence and security issues,
November 2003.
32
Subsequent to the arrival of INTERFET and UNTAET FALINTIL agreed to a cantonment of its 1 200
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for
Option One: The force would be 3,000-5,000 strong with a regular core of 1,500 and the balance made
up of conscripts serving for a year. Within it would be a specialised unit, about 500 strong, which would be
12
Three, and determine the nature and levels of assistance that the international community would provide for the demobilisation of FALINTIL and the subsequent establishment of F-FDTL. It was attended by a number of interested countries including Portugal, Australia, the United States, New Zealand, the United Kingdom, and Thailand to name a few. This conference gathered support for the F-FDTL primarily on a military to military level with assistance in logistics, training and material with the exception of weaponry. One caveat to the provision of international support was that appropriate civilian oversight and management be instituted by the Administration at that time controlled by UNTAET, now controlled by the FRETILIN dominated G-RDTL. As will be demonstrated below, this has not been implemented over three years later.
Outwardly, the major result of the conference (beyond certain aid commitments) was the establishment of the ODFD. Initially it was loosely attached to UNTAETs Office of the Deputy Special Representative of the Secretary General (DSRSG). In practice it is
quasi-independent body consisting of a number of military and civilian defence advisors seconded by their governments for the purposes of providing planning and management assistance and technical advice to the F-FDTL High Command, in addition to coordinating more specialised bi-lateral military training activities at F-FDTLs three primary facilities in Hera, Metinaro and Lautem.
responsible for riot control and the suppression of civil disorder. A modest fleet of transport/observation helicopters (4-8 aircraft) and inshore patrol boats (6 craft) would be created. Option Two: A target of 3,000 strong with a regular core of 1,500 and the balance made up of conscripts serving for a year, with a Falintil core of 800-1000. Air and maritime forces are an aspiration in the long term. Option Three: 3,000 strong with 1,500 Regulars the balance would be part-time Volunteer Reservists whose bases would be territorial and spread across every region. During the first period of training, a number of older but none the less physically fit Falintil with exemplary records will be selected to recruit and oversee platoons of part-time soldiers who live in their own homes, whose weapons are kept in a central armoury and who are paid an annual retainer but wages only when they are on duty. These volunteers would receive two weeks initial, basic training at the Depot, two weeks annual training and weekly training sessions during the dry season. Operationally, they would be designed to act as a guerrilla force that would delay and harass an invader until external help arrived. Air and maritime forces remain a long-term aspiration. Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for Defence Studies, Kings College London, August 2000.
13
ODFD has been led by three retired US Army generals serving consecutive periods of duty (supported by two retired US Marine Corps Colonels. also serving consecutively). They have been supported by a number of active officers from the defence establishments of Australia, the United Kingdom, Malaysia, Thailand, Portugal and other countries. In 2003 Australia provided one defence civil servant to ODFD expressly for the purpose of assisting the Secretary in the areas of defence policy, planning, and Secretariat capacity-building. ODFD has, however, suffered in executing its role due to vague lines of authority between it, the respective home governments of its personnel, the G-RDTL, and the successive UN missions UNTAET and (United Nations Mission of Support in East Timor) UNMISET.
In its three years of existence ODFD has been successful in a number of areas, primarily military-technical, and less successful in other areas other areas, primarily civilian oversight, development of strategic policy and management. It is unclear if ODFD will continue to exist after the UN withdrawal in May 2004.35
Defence Policy
Seeing as the mechanisms for the civilian oversight and management of the F-FDTL are at best weak and confused, Timor Leste is devoid of a sophisticated and publicly articulated defence policy. This problem is exacerbated by the lack of a national security policy. The responsibilities of the F-FDTL and the Policia National de Timor Leste
(PNTL) are not delineated, and this acts as a major obstacle to the development of defence policy. With the pending departure of UNMISET in May 2004 the requirement for an over arching and coordinated policy is pressing. Timor Lestes central strategic dilemma is how to maintain some sense of strategic independence while surrounded by large and powerful neighbours,36 in addition to having to address a fragile internal security situation. To what extent F-FDTL has a role in this dilemma is as yet undefined.
35
Email communication from PKF official August 2003. Unlike the UNs presence in Timor Leste there is not
Wainwright, E, A New Neighbour, A New Challenge, Australian Strategic Policy Institute, Policy Report,
14
Defence policy is driven by a determination of what threats exist to a states security. Timor Leste is no exception to this rule. F-FDTLs precursor was created against the backdrop of Indonesias invasion and occupation of Timor Leste from 1975-1999. It is a bi-lateral relationship that was scarred by the Indonesian militarys direct role in, and support to East Timorese militias, in the destruction of the country in 1999. Since that period dramatically improving relations have been marred by East Timorese militias in West Timor who (possibly with the tacit or direct, support of Indonesias security forces) continue to harass Timor Lestes border regions.
The East Timorese public are generally of the opinion that the F-FDTL should play a role similar to that of PKF in the border regions and that a properly oriented F-FDTL is the Fence of the Nation or a border security force.37 To date only one sophisticated gauging of East Timorese attitudes regarding defence and security has been conducted. This 2003 study highlighted that most respondents saw F-FDTL as being a force for the protection of Timor Leste from external threats (primarily emanating from militias and refugees based in West Timor)38. However, many asserted that the greatest threat to the security of Timor Leste comes from sources of internal instability and that F-FDTL should assume a broader role in internal security echoing its political security function during the Indonesian occupation. Below are some samples of such public attitudes: Internal threats have been manifested in a group calling themselves Isolado39 and unemployed youth while external threat comes from pro-Jakarta militias, female university student, 23, Dili.40
37
Da Costa Ximenes, A., Della-Giacoma, J., Carrying the People Aspirations: A Report of Focus Group
Discussion in East Timor National Democratic Institute for International Affairs and University of East Timor, February 2002, p.18.
38
Pinto, J., Futuro Ida Ke Seguro (A Secure Future): Relatorio Grupo Fokus Nian Kona Ba Hahalok sira
hotu nebee iha relasaun ba Defese ho Seguransa Timor Leste Nian (A Focus Group Report Regarding Public Attitudes on the Defense and Security of East Timor), University of Dili - National Democratic Institute for International Affairs, February 2003 p. 5.
39 40
Isolados isolated ones alleged ex-FALINTIL groups. Pinto, J., Futuro Ida Ke Seguro (A Secure Future), p. 8.
15
The largest threat is the internal threat, i.e. conflicts among East Timorese themselves which could invite outsiders to enter Timor Lorosae, teacher, 28, Quelicai.41
F-FDTL should be the one responsible for security in East Timor. F-FDTL should hold the command in Timor Lorosae as FALINTIL has been merged into F-FDTL. We heard that apart from the existing FALINTIL, F-FDTL also exists. Is FALINTIL not the same as FDTL? For that reason, our military institution should only bear one name. We do not want to see FALINTIL and FDTL going against each other, farmer, 40, Bobonaro.42
After all responsibilities are transferred on 20th May [2004] we would like to ask F-FDTL to maintain its independence. They should not be affiliated to any organisations or political parties, due to the presence of conflicts among our political leaders. If F-FDTL loses its independence and siding with an organisation or a political party, that would bring about the death of East Timors future, teacher, 28, Quelicai.43
In my opinion the main task of F-FDTL is to provide security for the people East Timor from the Eastern to Western end of the country, apart from helping the people when they are in trouble. F-FDTL should be responsible to counter internal and external threats. External defense to defend against foreign threats - aimed at disturbing the nations stability, while internally they have to be alert of potential enemies lurking among the people, and this demands cooperation with CIVPOL, farmer, 40 Bobonaro.44
The above attitudes of East Timorese citizens illustrate that indigenous opinion on the role of F-FDTL is at once sure footed and contradictory. As will be demonstrated below official defence policy in Timor Leste only has surefooted contradictions in common with the average citizen.
41 42 43 44
Pinto, J., Futuro Ida Ke Seguro (A Secure Future), p. 9. Pinto, J., Futuro Ida Ke Seguro (A Secure Future), p. 13. Pinto, J., Futuro Ida Ke Seguro (A Secure Future), p. 14. Pinto, J., Futuro Ida Ke Seguro (A Secure Future), p. 15.
16
A number of public documents exist which point to vague defence priorities and modalities to achieve and secure these priorities. While they are public, little or no public debate contributed to their formation and they have not been widely distributed. The latest public expression of Timor Lestes defence policy is found in the Combined Sources Budget of 2003-2004. It states that:
The F-FDTL mission is to defend Timor Leste, its people and territories. The means of achieving this mission is shaped by three overarching principles:
Timor Lestes military strategy be defensive; The F-FDTL should be capable of defeating small-scale incursions by hostile groups and of delaying larger invading forces until external assistance arrives;
This is a variation of the two earlier versions of Timor Lestes defence policy as articulated in January 2001 through UNTAET REG/2001/1, in which it states that:
The mission of the Defence Force consists of: (a) providing for the military defence of East Timor, its people and its territory, independent of any political affiliation; and (b) providing assistance to the civilian community at the request of the civilian authorities during natural disasters; provided, however, that the Defence Force shall not be mobilised or utilised in matters linked to internal public order, police issues or social conflicts.
F-FDTLs mission is to defend Timor Leste, its people and territiories. Tasks: 1) to defeat incursions 2) To deter aggressors, and delay and harass an invader until external
45
The Democratic Republic of Timor Leste Combined sources budget 2003-04, Budget Paper No. 1, June
2003, Prepared by Ministry of Planning and Finance, Democratic Republic of Timor Leste. p.60.
17
assistance arrives; and 3) to support the government during natural disasters and other emergencies.46
All three expressions of Timor Lestes defence policy are vague, unclear and in some cases (as will be demonstrated below) have been breached. They are all derived from documents largely drafted and initiated by international actors and bear little resemblance to indigenous attitudes towards the subject. Timor Lestes defence policy is devoid of any calculations that cross-reference the capabilities of the defence force with the commitments of the G-RDTL. There is a virtual vacuum of articulated policy in this area. Since November 2002 a new Force Development Plan has been in the process of drafting and re-drafting47, however as in the case of legislation, nothing has been made public.
Arguably, Timor Lestes most serious external threat is that posed by Indonesia. While it is a very remote possibility that Jakarta has military designs on Timor Leste, the remaining militia and refugee presence in West Timor continues to pose the threat of continued border incursions.48 The Government of Indonesia (GoI), Tentara Nasional Indonesia (TNI) and Republik Indonesia Polisi (POLRI)s inability and/or unwillingness to control lingering militias in West Timor is exacerbated by the porous nature of the border areas.49 The official policy on what role the defence force is to play in countering such incursions is confused and contradictory. In some instances senior F-FDTL officers assert that they do not want to be drawn into border clashes so as to avoid provoking the TNI50, whilst on other occasions F-FDTL officers have stated that they see this as being
46 47 48
Force Development Plan, April 2001, p.14. Interview with UNMISET official November 2002. From July September 2000 militias carried out a series of violent border incursions. In January
February 2003 both Ermera and Bobonaro districts were subject to violent clashes. To name but a few cases.
49
TNI retains a substantial presence on the border, using its proximity to the international boundary to exact
bribes from border crossings/activities in an effort to support itself and remain engaged in ordinarily civilian matters.
50
Interview with an officer in F-FDTL High Command, July 2001. Col. Lere Anan Timor reiterated this
opinion when addressing a seminar on the Deployment Priorities for the F-FDTL at the University of Dili in February 2003.
18
within their remit. While Timor Leste has to date acted to demilitarise the border, Indonesia has maintained a heavy military presence.51
In the wake of the border incursions that occurred in January and February 2003 conventional wisdom indicated that criminal elements in Timor Leste were cooperating with militia groups from West Timor in carving out opportunistic fiefdoms in the border regions.52 The G-RDTLs primary reaction to this has been to commence the establishment of a paramilitary border police unit, the (Rapid Deployment Service) RDS, designed to supplement the Border Patrol Unit (BPU). RDS is under the authority of the Minister of the Interior and has caused serious disquiet in the ranks of F-FDTL.
53
Clearly, the question of what role the F-FDTL is to play vis a vis border security has yet to be resolved.
Equally as contentious as what role F-FDTL will play in moments of crisis on the border, is the question of how the F-FDTL will support the police services in peace-time. As in all nations there will be moments when internal security cannot be assured by the police
51
TNI has approximately 1 500 troops on the border. The Border Security Task Force is commanded by TNI
Colonel Djoko Sentiono (previously the CofS of Kodam V Brawijaya - and before that a military adjutant to President Gus Dur). From Atambua, he commands three TNI infantry battalions manning 57 points on the 316.7 km border with Timor Leste - ie including the Oecusse enclave, as follows: Opposite Oecusse - 611 Battalion ("Awang Long" - from West Kalimantan); On the "northern" border (North Belu) - 516 Battalion ("Chakra Yudha" - from Surabaya) On the "southern" border (South Belu) - 410 Battalion ("Alugoro" - from Blora, Java) Each post is reportedly manned by 25-30 TNI troops. This would be a total of, say, 1 540 "manning the border" - to which should be added the battalion/company headquarters and support elements to their immediate "rear". The establishment of a TNI infantry battalion is 644 personnel - although in the last years in (then) East Timor, several of the battalions had a strength increase to 986 (this was probably to assist with the manning of the "Hunter Companies"). Email communication from Ernie Chamberlain January 2004.
52 53
Walters, P., Australia in East Timor: A Sense of Duty, The Australian, 3 January 2004. 14 January 2004, Timor Post. The Prime Minister, Dr Mari Alkatiri, said that members of F-FDTL who
want to protest against a political decision taken by the Government to supply the Special Police Force with equipment from F-FDTL better leave the army. Dr Alkatiri said that the F-FDTL and the National Police Force are working together in cooperation.
19
services and that the defence force must support the police services in restoring order. This process requires complicated procedures with clear-cut and roles and responsibilities. Without adequate civilian control it is easy for a defence force to Legislation and well articulated procedures understood by all
actors are prerequisites for successful and appropriate military support to civilian authorities in the event of major public order disruptions. To date F-FDTLs role in this area is undefined.
In the wake of riots in Dili in December 2002, F-FDTL made it clear to UNMISET that in the event of another security incident, and in light of PKF and United Nations Police (UNPOL) increasingly limited presence, that F-FDTL should, and would, be called upon to assist police services in restoring order. A month later, on 6 January 2003, there was an attack on a village in the vicinity of Atsabe, Ermera. Likely a joint criminal activity by ex-militia it caused serious concern in Dili and F-FDTL was called into action. Allocated a temporary Area of Responsibility (AoR) in the Ermera region F-FDTL, under the command of Lt. Col. Ular Rihik, was engaged in quelling a serious public order problem in support of the police. Not only were F-FDTLs operational and logistical weaknesses exposed by the operation, but its potential propensity for illegal activities was also highlighted. 54 F-FDTL arrested nearly one hundred of people from the offending area, and they were detained without charge. In the wake of complaints made by both
international and national actors they were released ten days later. The Chief of the Defence Force publicly defended F-FDTLs actions55, but with little justification in the eyes of many. Both the Chief of the Defence Force and the President were highly critical of one joint international/national NGO that voiced its criticism of the operation.56 Some months later Amnesty International commented that:
Separation of police and military functions - Responsibility for providing internal and external security in Timor Leste is explicitly separated under the Constitution between
54
One observer commented that given F-FDTLs transport limitations, BG Ruak had to use his Landrover to
ferry F-FDTL soldiers around the area. Email communication with Dili journalist, August 2003.
55 56
Talitakum, Edition 52, 5-15 January 2003. JSMP, the Judicial Services Monitoring Programme.
20
the police and military. However, in practice the boundaries proved to be unclear when, in January 2003, the Timor Leste Defence Force (FALINTIL- Foras de Defesa Timor Leste - F-FDTL) arrested some 90 people, including women and children, following an attack by an armed group in which five people were killed. The detainees were transferred to police custody and most were subsequently released without charge.
In the context of an immature police service and weak civilian oversight mechanisms, FALINTIL-FDTLs ability to conduct MACP in a judicious fashion in the future is called into question.57
It should be noted that a balanced assessment of F-FDTLs first venture into provision of MACP indicates that despite serious mistakes, F-FDTL operated in a relatively disciplined and orderly fashion58 especially given levels of training and experience in such operations. Furthermore, that the ex-milita were West Timor based and were external in origin that F-FDTL had a legitimate role to play.
Beyond providing MACP F-FDTL is also eager to delineate its peacetime role. Given its FALINTIL roots as an intimate and political extension of the population it is disposed towards continuing this relationship. To that end there have been indications in some quarters that the defence force is eager to fashion itself a role in the area of national development.59 It envisaged that the defence force could assist civilian authorities in the maintenance of public infrastructure and other such works. Given the highly political nature of these tasks it is not clear how advisable this policy is, or if it is an appropriate and cost effective way to employ soldiers.60 Some assert that given Timor Lestes
57
Amnesty International, The Democratic Republic of Timor Leste: A new police service - a new beginning,
It is should be positively noted that the Chief of the Defence Force did not react immediately to the request
from the President rather he insisted on a written request/order jointly signed by the President and the PM before activating his troops.
59 60
Interview with a member of the Council of Ministers, November 2002. The F-FDTLs CoS certainly foresees an engineering role for some F-FDTL companies see Appendix
IX.
21
impoverished state, and the expense of F-FDTL, it is imperative that it is constructively employed.
In light of the fact that there is no defence policy to guide and justify F-FDTLs physical disposition let alone potential operations it is not surprising that commentators question Timor Lestes defence activities. One has commented that just as PKF has defended Timor Lestes border so should F-FDTL.61 Given the propensity for friction between militias (or TNI) and F-FDTL this may not be advisable, but it is a matter for debate.62 In the absence of a defence policy the muddy waters of the civilian oversight and management of the F-FDTL are further exacerbated and considerably raise the risks associated with a rudderless defence force.
The relationship between Timor Lestes two largest security organisations is not necessarily intractable but has become so tensely politicised and that it requires action at the highest levels to assuage both the concerns of the population and the officers of both the defence forces and the police service. This is echoed by President Gusmaos End of Year 2003 address in which he stated:
of grave concern to the population, was the misunderstanding between FDTL and PNTL. Both institutions need greater assistance in the field of ethics and
61
Pinto, J., Strategi Pertahanan Negara (Strategy in Defence of the Country), Timor Post, 20 July 2002.
The formation of a battalion at Lautem delivered by PKF to FDTL is a less appropriate defense system when seen from defense system geo-strategically. External threat to Timor Leste could not be done by a country through the areas of Lospalos, Viqueque and Baucau. Based on the history of Timor Leste, such a threat could come from the boundaries with Indonesia. Of course, it is not done by the Indonesian National Armed Forces as an institution, but by the groups being dissatisfied with the segregation and supported by the military being dissatisfied in Indonesia. If the reason that it is the responsibility of PKF, then it is proper that each PKF patrol in the border must be accompanied by FDTL as a military institution. The drawing up of the defense strategy with the deployment of Timor Lestes Army is based on the mission in defense of the country, the ideal defense location would be one military battalion to be positioned at Suai or Maliana under full authority in the supervision of external disturbance against the country.
62
22
professionalism. On December 10 this year, the Prime Minister correctly reminded both institutions of the need to acquire awareness that both are State forces and, therefore, there should be no parties within them. This means that neither FDTL nor PNTL; even less so, owe allegiance to party interests because their sole allegiance is to the Law and the Constitution.63
Frictions between the police service and defence force arose with the appointment of Rogerio Lobato to the position of Minister of the Interior in 2002. Efforts to undermine the F-FDTL in 2001 by dissidents64, and the subsequently relatively successful attempts to politicise the police, by the same dissidents, were followed by a rise in direct and indirect clashes between the police and defence force in 2002 and 2003. In mid 2003, under the auspices of the US NGO the National Democratic Institute for International Affairs efforts were made to draw the officer corps of both the PNTL and F-FDTL into protracted discussions as to how to alleviate the issue. This initiative has apparently not resulted in any firm delineation of responsibilities between the defence force and police services.
The source of this sour relationship lies not only with historical differences of opinion between the patrons of the defence force and the police service but also emanate from natural institutional competitive instincts over areas of responsibility and associated resources. These are essentially issues of policy and remain unresolved due to the policy vacuum that exists in the defence and security sector.
As noted above, in January 2003 an armed group attacked an isolated area near Atsabe, Ermera. Initially labelled as a militia incursion it now appears likely that is was the action of a rogue criminal group (possibly cooperating with ex-militia from WEest Timor) testing the strength of central authority, seeking plunder and/or revenge. A month
63
MESSAGE END OF YEAR - 2004 MUST BE THE YEAR OF STABILITY BY H.E. KAY RALA XANANA
Dissidents in Timor Leste tend to fall into the category of those who consider themselves veterans of the They can vary from FALINTIL to
resistance and who feel that they have received nothing in return.
clandestine operatives, unemployed youth, or those who feel FALINTIL, as a historical institution and a modern institution, belongs to FRETILIN and not those who currently control it.
23
later a border incursion by West Timor based militia occurred near Atabae, Bobonaro. In December 2002 riots broke out in Dili and, in addition to the border incursions, caused considerable second-guessing of security policy in Timor Leste. In summary, the GRDTL elected to develop a Rapid Deployment Service (RDS) of up to five hundred paramilitary police designed to counter rural and cross border insurgency in Timor Leste. The RDS falls under the authority of the Minister of the Interior, and is effectively both a political and institutional victory over the defence force. Recruitment for the RDS commenced in late 2003.
There are four indigenous police formations in Timor Leste. In January 2004 regular policing activities are conducted throughout Timor Leste by the PNTL with an approximate strength of 2800. Urban crowd control is the purview of the Special Police Unit (SPU), with a strength of 120 in Dili and 60 in Baucau. It was decided in February 2003 that the Border Patrol Unit (BPU) would be responsible for daily management and security of the border, an activity it has assumed since October 2003. The BPU
numbers some 200 and is focused primarily on the established junction points/border crossing on the Timor Leste/Indonesia border. This leaves much of the border porous and unguarded. As noted above the RDS will eventually number 500, but only 300 positions are funded to date.65 The first 120 recruits began training in January 2004 with a view to assuming their duties in June 2004 - in the compressed schedule of less than six months.66
Not only has the Minister of the Interior expanded his fiefdom in terms of budgets and personnel but has also carved out a broader a role for the police in countering cross border incursions at times apparently a defence rather than police responsibility in Timor Leste. While Timor Leste has made a decision to have the BPU manage the border on a daily basis the RDS will support it in an as yet undefined manner. In the absence of policy, the confusion/competition over border security responsibilities is
65 66
The first RDS units commenced training in January 2004. Email communication with UNMISET official. The three month training program commences in Suai in January 2004. Three months to develop
paramilitary police skills, after which within three months to assume operational duties. UNMISET Press Release, 12 January 2004.
24
bound to be a major point of contest between the defence force and the police service in Timor Leste. This will be especially pronounced after UNMISETs withdrawal. Political competition with state security bodies as proxies undermines democratic structures and process. A definition of military and various police formations roles is urgently required. They should be placed under the umbrella of comprehensive and robust civilian oversight mechanisms. This is all the more pressing considering that confusion between F-FDTL and PNTL/RDS/BPU on the border could draw in the TNI and/or militias. Some observers comment that F-FDTL High Command view the police services as the greatest threat to the security of Timor Leste.67 When the establishment of the RDS was announced Major Mau Buti (Second in Command (2IC) First Battalion F-FDTL) indicated that he would not accept its creation arguing that only F-FDTL should combat guerrillas and not the PNTL.68 This contradicts the Chief of Staffs comments that there are no plans to put F-FDTL on the border.69 Although in private the Chief of Staff has stated that [F-FDTLs deployment to the border] is a possibility, everything is up in the air.70 How F-FDTL, PNTL, BPU and RDS plan to jointly manage border security is unknown and is potentially a serious source of friction.
The Commander of the FALINTIL-FDTL, Gen. Taur Matan Ruak, yesterday commented on rumors saying that some invisible personalities were behind the scenario of confronting the Defence Force (F-FDTL) and National Police (PNTL) aimed at setting up a dictatorship regime in the country. Mr. Ruak sent a clear message that the FALINTILFDTL's position is independent as stipulated by the Constitution. Mr Ruak appealed to the community to stay calm.71
67 68 69 70 71
Email communication with UNMISET official August 2003. 27 June 2003, Suara Timor Lorosae. 28 November 2003, Suara Timor Lorosae. 13 February 2003 Timor Post. Email communication with UNMISET official January 2004. 16 July 2003, Suara Timor Lorosae.
25
Curiously, the Constitution articulates a political space for other security forces72 in addition to the police services and the armed forces. The ambiguity in the wording is potentially dangerous as it creates an avenue for the creation of a third force which would either undermine or challenge the F-FDTL and/or police services should they prove politically unreliable.
Timor Leste is Asias poorest nation and its ability to provide government services and be economically viable, without continuing development assistance, is still unproven. In a paper prepared for a donor meeting in Dili in December 2003, the World Bank estimated East Timor's gross domestic product declined by 3 per cent in 2003, with per capita GDP falling to just 410 USD.73 By way of example, the G-RDTL is unable to provide reliable electricity to the vast majority of its population.74 Timor Lestes greatest problem is a dysfunctional economy, which calls into question the G-RDTLs ability to deliver prosperity to its citizens. Defence is as much a government service as public utilities and the F-FTDL has an extremely limited budget, which remains heavily dependent in key areas on bi-lateral assistance. Juxtaposed to this situation is Timor Lestes well founded National Development Plan, in addition to its decision to refrain from assuming a national debt.
Timor Leste is facing a substantial Consolidated Fund for East Timor (CFET) financing gap that will emerge over the next three years. The estimate of the shortfall is around USD 130 million. This is due to technical difficulties (outside of the Governments control)
72 73
Constitution of the Democratic Republic of East Timor. PartV, Section 147. Donnan, S., Complications follow the painful birth of East Timor, Financial Times, 4 December 2003.
For example Manufahi District has been without power from June 2003 to January 2004. Suara Timor
Lorosae, 30 December 2003. In the remote Oecusse Enclave only 5 000 out of a population of 50 000 people have access to reliable electricity email communication with Oecusse Administration December 2003.
26
in the startup phase of the Bayu-Undan oil and gas project75. Timor Leste is scheduled to run a 40% gap in revenues for the foreseeable future at a crucial moment in the FFDTLs development. There is simply not enough money. This fact could portend
In the Combined Sources Budget of 2003-2004, funding for the F-FDTL was increased by approximately $1.6 million to $6.5 million. This includes $500,000 capital and
development funding for the Baucau Facilities Project. Defence was initially seeking $7.46 million in 2003-04 so the budget has been significantly reduced due to the budget fiscal constraints. The main cutbacks have occurred in capital items, particularly
specialized vehicles and security equipment. Funding of essential equipment needs will therefore be sought bilaterally.76 This funding level represents approximately 7.5% of government expenditure. The G-RDTL is managing to maintain reasonably limited
expenditures of its national budget on defence and police requirements, with the total remaining steady at approximately 20%77 of the total. However, given the G-RDTLs inability to raise revenues its ability to support the defence force is called into question.78
Due to funding shortfalls, at two major components of F-FDTLs originally planned composition have been indefinitely shelved; these being two volunteer reserve battalions, and the independent company for the Oecusse Enclave in West Timor. The absence (or presence) of these politically and/or operationally important elements, impacts heavily upon the orientation of Timor Lestes defence policy.
The G-RDTL is managing the development of the F-FDTL as best as it can with limited resources, however, continued assistance is absolutely necessary to thwart either F75
Comments made by Prime Minister Mari Alkatiri and Finance Minister Maria Boavida, Dili Donor
Conference Timor Leste and Development Partners Meeting, 3 5 December 2003 Hotel Timor, Dili, Timor Leste.
76
The Democratic Republic of Timor Leste Combined Sources Budget 2003-04, Budget Paper No. 1, June
2003, Prepared by Ministry of Planning and Finance, Democratic Republic of Timor Leste. p.16.
77 78
The PNTL consumes some 12.5% of the budget. Timor Lestes Finance Minister, Maria Boavida, recently announced a decision to cut the budget by 5-10
27
FDTLs disintegration and/or possible adventures. Donor assistance has not been as forthcoming as hoped for a variety of reasons. Firstly, from late 2002 donors have increasingly focused their attention on the PNTL fearing it had been neglected in favour of the F-FDTL.79 Secondly, there has been hesitance to support F-FDTL in light of its fractious relationship with large segments of the veterans community. And thirdly,
donors have been loath to support a military body, which lacks adequate civilian oversight and management mechanisms. As such F-FDTLs requests for support in facilities and transportation have not been as forthcoming as they might have been.80
As of January 2004, the F-FDTL is structurally a transparent and simple organisation. As will be demonstrated below, this belies the fact that it is has a complicated institutional history, further muddied by political issues surrounding the nature of its development from a guerrilla force to a professional defence force. F-FDTLs
development difficulties are further compounded by the fact that Timor Leste is Asias poorest nation.
The officer corps were all long serving veterans of FALINTIL. The Chief of the Defence Force is Brigadier-General Taur Matan Ruak; his deputy is the Chief of Staff, Colonel Lere Anan Timor. Headquarters staff consists of Lieutenant-Colonel Filomeno Paixao (Chief of Logistics), Lieutenant-Colonel Mau Nana (Chief of Personnel and Information assisted by Captain Mau Kalo)81, and Lieutenant-Colonel Colonel Sabika Besi Kulit (Chief of Operations assisted by Captain Marcos Tilman). F-FDTL Headquarters is
79
On 25 August 2003 the Australian government announced a four year $40million AUD initiative to support
police development in Timor Leste. (http://www.foreignminister.gov.au/releases/2003/joint_east_timor_policing_initiative.html). This follows the recommendations made in Wainwright, E, A New Neighbour, A New Challenge, Australian Strategic Policy Institute, Policy Report, May 2002, p.5, to make police development a priority for the Australian government.
80
F-FDTL was seeking assistance in obtaining trucks for two years. Approximately fifty vehicles arrived
from Malaysia in October 2003. Additionally, funds for a Baucau Base have not been forthcoming for two years, and to date only preliminary works have been completed in setting up this facility.
81
Lt. Col. Mau Nana is in fact the Head of Military Intelligence for F-FDTL.
28
based in Dili (formerly collocated with the UN Military Observer Group). Attached to FFDTL HQ is Lt. Col Ular Rihik.
The F-FDTL possesses two light infantry battalions comprising approximately 1 200 personnel.82 Each Battalion consists of five companies three infantry, one support, and one operations.83 It is not clear what different responsibilities the various company types will assume. To date it is unclear what military doctrine F-FDTL will develop. It also has a small naval component.
The First Battalion is based at a former PKF base in the easternmost and isolated district of Lautem84. Under a transitional agreement with the United Nations, the F-FDTL
assumed defence responsibilities for Lautem in the wake of PKFs withdrawal. This is currently the only sanctioned AoR. It has never been defined what constitutes defence responsibilities. Upon UNMISETs departure F-FDTL will assume defence
responsibilities for the remainder of Timor Leste. Lieutenant-Colonel Falur Rate Laek, whose deputy is Major Mau Buti, commands the First Battalion. Major Coliate is Chief of Operations. Notably, the First Battalion is known as the Battalion Asswain, the Heroes Battalion. It was recruited entirely from the ranks of former FALINTIL who were
The most important strategic decision regarding F-FDTL since its establishment occurred in early 2002 when early indications were made that the First Battalion would find its permanent home in Baucau.85 One version of the strategic rationale is as follows:
82
F-FDTLs order of battle suggests 1 500, it is however limited to two under strength battalions bringing it to
It is indicative rather than definitive, but has not been substantively altered other than the fact that the CO
Second Battalion Major Aluc Descartes has been promoted from Major to Lt.Col.
84 85
See Map of Timor Leste. Interview with UNMISET official June 2002.
29
1.
It will act as a means to secure Timor Lestes largest airfield (near Baucau) in the
event of hostilities, thus assuring easy access to external actors should they wish to assist. 2. Given F-FDTLs relative weakness a defence in depth posture is required, and
will allow F-FDTL to harass any invader from a position of depth with a rear based in the Matebian mountain range from which a guerrilla campaign could be launched as in the past. 3. That it is well placed to take advantage of the road network east, west and south that runs from Baucau.86 4. It is also well placed to protect vital Timor Sea oil and gas onshore installations
Some commentators have asserted that this rationale is not convincing given Baucaus distance from the border with Indonesia, from which the only conceivable external threats to national defence are possible.87 More ominously others have indicated that it places the First Battalion squarely amidst eastern Timor Leste where several dissident groups are based88; and is therefore designed to intimidate and/or quell such groups.89 In either case the decision to base 50% of F-FDTL in the east of the country was not based upon a public debate, in the National Parliament or otherwise. Rather, a small clique of East Timorese political and military officials, with the tacit if not direct support of international actors, made this crucial decision. This process of decision-making can only serve to eventually undermine said decisions especially if they are as politically charged as the decision to place the First Battalion in the East.90 While financing the Baucau Base has been problematic for over two years it is thought construction will be
86 87 88
Interview with UNMISET official December 2002. Pinto, J., Krisis Kebijakan Pertahanan (Defence Policy Crisis), Timor Post, 19 October 2002. Dissident veterans groups such as Sagrada Familia and CPD-RDTL are found predominantly in the
Interview with East Timorese human rights groups and F-FDTL observers July 2002. Leader of Sagrada Familia, ex-FALINTIL Commander Elle Sette, based in Laga Baucau, has consistently
called for an investigation into the wartime activities of Brig-Gen. Taur Matan Ruak, Chief of Staff Col. Lere Anan Timor and First Battalion CO Lt.Col. Falur Rate Laek.
30
completed by April 2004.91 The base will be located astride the main road artery just west of Baucau. There are also indications the First Battalion will position infantry companies to the east and south of its Baucau base at main road junctions in Lautem and Viqueque92, thereby consolidating the First Battalions control over the East.
Some East Timorese human rights activists foresee considerable friction between FFDTL and local dissidents in the East especially so if the First Battalion is collocated with them and dominates the main roads as indicated.93 This would not be a concern if it was believed that F-FDTL was firmly under civilian control. The Second Battalion is based at the Nicolau Lobato94 Training Centre near Metinaro to the east of Dili it is commanded by Lt.Col. Aluc Descartes. 95 It is comprised entirely of new personnel recruited from late 2001, all of which were under 21 at the time of recruitment, therefore making it a largely non-FALINTIL unit.96 As such it is very much an expression of F-FDTLs future while the First Battalion is intimately linked to its past. Recruitment and orientation of the First and Second Battalions has been a contentious issue in Timor Leste. While the Second Battalion is currently in Metinaro its future disposition is less clear than that of the First Battalion. It is possible that the Second Battalion will be based in the west, split between Maliana and Zumalai.97 However, a number of factors are inhibiting the final decision on its future. Not only is the Battalion youthful and inexperienced it is unclear how, when, and if the G-RDTL is prepared to place 50% of its defence force in close proximity to the border with its former occupier. Finally, Australian PKF troops have been in the border region since 1999 and are for the moment adequate deterrent against serious border incursions.
91 92 93 94
Email communication with UNMISET official December 2003. As articulated by the F-FDTL Chief of Staff Col. Lere Anan Timor in Organisational Chart February 2003. Seminar Yayasan Hak, Dili, Timor Leste, 15 January 2003. Nicolau Lobato, brother of Minister of the Interior Rogerio Lobato, was the Commander of FALINTIL from
1975 to 1978. Nicolau Lobato was killed in December 1978 by Kopassandha forces under the command Gen. Prabowo Subianto.
95 96 97
The Second Battalion is almost certainly clogging up the training centre, hindering its operations. With the exception of many NCOs and officers. As articulated by the F-FDTL Chief of Staff Col. Lere Anan Timor in Organisational Chart February 2003.
See Third International Defence Donors Conference, Minutes, ODFD, Dili, Timor Leste, 28-29 August 2002.
31
UNMISETs mandate ends in May 2004 it may be much sooner than later that F-FDTL moves westwards towards the border. The Nicolau Lobato Training Centre (constructed and donated by the Australian Government in 2001) is commanded by LieutenantColonel Pedro Klamar Fuik whose deputy is Major Rai Rian, assisted by Captain Higino da Neves.
The F-FDTL also possesses a small naval component based in the port of Hera to the east of Dili, and west of Metinaro. It consists of two aging Albatross Class Patrol Boats the Oecusse and the Atauro. They are manned and supported by a contingent of 65 personnel and are commanded by Major Alfredo Reinaldo.
Leadership, Discipline and Morale F-FDTL is not an especially happy constituency.98 This is due to a range of interlinked factors ranging from, but not limited to;
1. 2. 3. 4.
uncertainty over their roles and responsibilities; attempts by dissident groups and politicians to undermine their legitimacy; poor conditions of service due to limited resources; and a guerrilla tradition not easily transferred to a professional organization.
In December 2003 F-FDTL High Command discharged 27 soldiers from F-FDTL, with indications that a further 60 would be dismissed in January 2004.99 Most are from the First Battalion and forms up to 10% of the entire battalions strength. Discipline has been historically a problem within F-FDTL with many soldiers being discharged for being AWOL in excess of one year.100
98
As early as August 2002, the Chief of the Defence Force was warning donors of the dangers he was Interview with USAID official, September 2002 and Third
International Defence Donors Conference, Minutes, ODFD, Dili, Timor Leste, 28-29 August 2002. AP Online December 17 2003. In January 2004 42 were discharged, and some have made complaints to
the National Parliament claiming they are being discriminated against by Firaku (easterners) officers in FFDTL HQ as they are Kaladi (westerners) Email communication with UNMISET official January 2004.
100
32
contended for sometime that the longer that the First Battalion is limited to activities in Lautem, and barracked in the squalid conditions that exist there, that discipline would increasingly disintegrate. This comes as no surprise considering the similar conditions and breakdowns in discipline that FALINTIL suffered in its cantonment in Aileu during 1999-2001. Additionally, since early 2002 there have been a series of clashes with the PNTL resulting in the discharging of at least one F-FDTL officer.101 Even the Chief of Staff, Col. Lere Anan Timor threatened to resign in June 2003 over ex-combatants living conditions. If he had in fact resigned it was reported by Major Mau Buti (2IC First Battalion) that a large part, if not all, of the First Battalion would follow in his footsteps.102
While a sign of systemic problems within F-FDTL, this recent action indicates that FFDTL High Command are determined to put F-FDTL on the right path in the run up to UNMISETs withdrawal in May 2004. One has to ask the question, is it too little too late? Discipline and unity of command are historically an issue with F-FDTL, and dates to its FALINTIL heritage as a guerrilla movement comprising of many disparate political, regional and generational factions.
While Timor Leste gained independence on 20 May 2002, the United Nations still retains residual responsibilities for defence and security, and as such maintains a shrinking military and police presence in Timor Leste.103 The phased handover of responsibility from UNMISET to the G-RDTL is articulated in two agreements signed on 20 May 2002.104 They highlight the modus operandi whereby the PKF would transfer
Lt. Deker, First Battalion, was dismissed by the Chief of the Defence, Timor Post/Suara Timor Lorosae 23
September 2003.
102 103
Suara Timor Lorosae, June 27 2003. In January 2004 PKF numbers approximately 1 700 (UNTAET high of 9 000) and UNPOL number
The Supplemental Arrangement between the United Nations Mission of Support in East Timor
(UNMISET) and the Government of the Democratic Republic of East Timor on the Transfer of Defence Responsibilities to the East Timor Defence Force (ETDF), 20 May 2002.
33
in the view of many well-placed security experts, East Timor remains manifestly incapable of managing its security challenges - internal and external. Both the police and the defence force require far more training to reach minimum levels of competence.105
In 2003 Timor Leste witnessed the handover of virtually all police responsibilities to the PNTL in all thirteen of Timor Lestes Districts. The agreement between UNMISET and G-RDTL anticipates a handover of defence responsibilities to the F-FDTL in May 2004. Until then F-FDTL remains largely confined to its training facility in Metinaro and to its single AoR in Lautem. While the transfer of police responsibilities occurred more or less smoothly and on schedule, the transfer to F-FDTL has been delayed due to uncertainty that F-FDTL or the rest of the country is prepared for F-FDTLs expanded role. This is largely due to problems relating to F-FDTLs operational readiness106 as well as the above mentioned void in defence/security legislation and policy.107 These gaps in FFDTLs readiness are exacerbated by the experience of F-FDTLs highly criticised operation in January 2003 in reaction to the violent clash that occurred in Atsabe, Ermera.
In the last six months there has been an increase in political leadership in Timor Leste from across the political spectrum calling for the UN to extend the mandate of UNMISET and ensure that PKF or other security forces remain citing the unpreparedness of both the F-FDTL and PNTL in addition to the fragile stability of the government and country at
The Supplemental Arrangement between the United Nations Mission of Support in East Timor (UNMISET) and the Government of the Democratic Republic of East Timor on the Transfer of Police Responsibilities to the East Timor Police Service (ETPS). 20 May 2002.
105 106
Walters, P., Australia in East Timor: A Sense of Duty, The Australian, 3 January 2004. The Chief of the Defence Force warned donors in August 2002 that a lack of donor support would find the
The agencies currently employed/in training to undertake various aspects of "external" security post 20
May 2004 are as follows: PNTL (BCS/BPU) - border management at Junction Points and patrolling of border patrol zones, PNTL (RDS) - capture, neutralise, destroy small armed criminal groups carrying long barrelled weapons in the Western Districts/Oecussi , F-FDTL - defeat major military incursions into Timor Leste.
34
large.108
complete withdrawal.109 The international community has reacted by pressuring the United Nations to review the matter. New York has appointed a senior UN official to review security preparedness in Timor Leste and report to the Secretary-General by February 2004, with a view to informing decision-making on the future mandate of UNMISET.110
President Gusmao recently hinted at a long held fear in Timor Leste, that militias in West Timor would take advantage of PKFs withdrawal in 2004.111 Notably, during December 2003 in the Oecusse Enclave, from which PKF withdrew in October 2003, there was also a violation of disputed territory the island of Fatu Sinai/Batek - on 13 December 2003 involving a TNI warship, helicopter and warplane.112
The United Nations has indicated that UNMISETs mandate might be extended but will likely shrink to comprise a shell mission. It will see PKF withdraw entirely but will leave behind:
1. 2.
a small police contingent for advisory/training purposes; an unarmed contingent of Military Observers to facilitate the
relationship between the two security agencies (PNTL and TNI/POLRI), to ensure border management procedures are followed and to resolve, where possible, border violations/issues.; 3.
108
Foreign Minister, Jose Ramos Horta is quoted as saying that "We need these [UN or Australian] forces to ensure the Government's day-to-day function does not collapse and to ensure the stability and security of the country.
109
Suara Timor Lorosae,12 January 2004. The Coordinator of CPD-RDTL, Antonio Ai-Tahan Matak, said
Walters, P., Annan's security concerns for E Timor, Weekend Australian, 3 January 2004. Powell, S., Gusmao in fear of militias as peacekeepers pull out, The Australian, 1 December 2003. It is
worth noting that since February 2003 there have been no serious militia border incursions.
112
Email communication with UNMISET official December 2003. Dodd, M.; McPhedran, I., Indonesian
35
4.
Final decisions will not be made by the UN Security Council until March 2004, but Australian officials have indicated that outside of bi-lateral defence assistance to F-FDTL its troops will depart with UNMISET.114 However, the Australian Foreign Minister has been aggressively lobbying for a robust follow on mission for UNMISET.115 With about 400 troops remaining in Timor Leste as of December 2003 and as Timor Lestes most credible military ally, Australia possesses a pressing interest in Timor Lestes future.
113 114
Telephone interview with UNMISET official December 2003. Some Troops to Stay in Timor, The Australian, 15 December 2003. General Peter Cosgrove - "While
our peacekeeping force will withdraw in May when the mandate runs out, our training team and those others we have salted away in there assisting the Timorese defence force to mature will remain as long as they are needed and wanted by the East Timorese government and as long as the Australian government considered this a useful contribution".
115
Walters, P., Annan's security concerns for E Timor, Weekend Australian, 3 January 2004.
36
THE PAST
From FALINTIL to F-FDTL: The roots of the problem
F-FDTL is in many ways guided in the present by the pressures it was subject to in the past. Internecine political and personality clashes within FALINTIL mar many present day relationships that F-FDTL has with segments of Timor Lestes community and political leadership. These schisms are the roots cause of the G-RDTLs inability and/or unwillingness to move rapidly and decisively on matters of civilian control of its security institutions, and none less so that the F-FDTL.
FALINTIL was founded on 20 August 1975 as the armed wing of FRETILIN. It was established against the backdrop of a hasty and ill-conceived decolonisation process carried out by Portugal, an increasingly active destabilisation campaign by Indonesia, and most critically for this paper an attempted coup detat by FRETILINs main indigenous political opposition the more conservative UDT. During the course of a brief civil war FALINTIL / FRETILIN forces roundly defeated UDT, causing its leadership, military elements and civilian supporters to flee to Indonesian West Timor. FALINTIL/FRETILIN forces committed serious war crimes, which are only now officially coming to light.116
FALINTIL was born in civil war and was highly politicised from its very inception. In a recent and highly charged speech on FALINTIL Day 20 August 2003, former FALINTIL Commander in Chief, President Gusmao stated FALINTIL, the Armed Forces for the
116
Joliffe, J., East Timor Faces Historic Wrongs, Asia Times Online, 23 December 2003. In a testimony to The minister known as the strongman in East Timor's
Government wept like a child as he confessed publicly to beating a prisoner during the 1975 civil war. "I knew it was wrong, but he had killed my younger brother," Interior Minister Rogerio Lobato said. "I lost control. I didn't kill him, but I beat him up twice, badly." He asked the community and the man's family for forgiveness. ageing former president of FRETILIN, Xavier do Amaral, whose frankness echoed that of Mr Lobato. "We were in the midst of war, we had no transport, medicines or food," he said. "Some of the prisoners were very ill. If we let them survive, they could have fallen into enemy hands, to be used against us. So we took a decision to kill them. That was a common decision, taken by every level of the leadership.
37
National Liberation of Timor Leste were born under the umbrella of a political party, FRETILIN, to fight another political party, UDT.117 From the very outset it held a bitter twist - East Timorese versus East Timorese.
To best understand the political pressures that are currently being applied to F-FDTL it is crucial to understand the major historical developments and pressures that formed, and transformed, FALINTIL from 1975 to 2001. At the time of the Indonesian invasion of Timor Leste on 7 December 1975 it has been estimated that FALINTIL numbered some 27 000.118 While initial opposition to the Indonesian invasion exacted heavy causalities upon Angkatan Bersenjata Republik Indonesia (ABRI), FALINTIL could not sustain such successes against ABRIs overwhelmingly strength.119
For the purposes of an examination of the development of F-FDTL it is necessary to note four key turning points in the history of its FALINTIL roots which act as benchmarks with separate and combined relevance for the F-FDTL.
117
MESSAGE TO THE NATION OF H.E. THE PRESIDENT OF THE REPUBLIC KAY RALA
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for
Defence Studies, Kings College London, August 2000, p. 7. This number has subsequently been debunked with a Worldbank funded Veterans Survey indicating figures just released are 35,197 who fought in the armed resistance to Indonesian rule 1975-1999 (including dead combatants). That census also apparently revealed that FALINTIL had 14,652 fighters in the year after the Indonesian invasion ie 1976. Email communication January 2004 from Ernie Chamberlain.
119
Initially after the invasion FALINTIL held the upper hand militarily. For the first 18 months they protected
about 80% of the population inhabiting about the same percentage of the territory. Over 400 000 Timorese lived in the liberated zones outside Indonesian control. The Indonesian militarys treatment of the civilian population beginning with the invasion of Dili drove the East Timorese behind Fretilin lines. Over this period it is estimated that the death toll rose from 50 000 in the first few months to 100 000 at the end of 1977. Armed with a recently augmented arsenal of modern NATO weapons taken from Portuguese stocks, 20,000 Fretilin troops (2 500 regular troops, 7 000 second line or reserves and 10 000 others with some previous military training) were to put up substantial resistance for the next three years. 20 000 Indonesian troops were stationed in East Timor at the end of 1975 and by the following April this figure had risen to 35 000. Email communication with Sara Niner, January 2004.
38
Turning point I 1978-81: By 1977 FALINTIL had retreated to the east of the island, and centred its resistance around the Matebian mountain range where the district boundaries of Lautem, Baucau and Viqueque meet. Hundreds of thousands of people sought shelter behind FALINTIL lines. This area witnessed some of the most sustained and intense violence of the war the scars of which are still worn by the Fataluku, Makassae, Naueti and Makalero peoples that inhabit the general region. That the
people of this area were subjected to this level of violence is the cause of many present day controversies. Friends, families and neighbouring communities were pitted against each other in order to survive the onslaught. This dynamic of betrayal (real or perceived) causes many to challenge the legitimacy of those currently serving in F-FDTL.
The now Chief of the Defence Force claims to have been in command of the last support base. Under his command this base fell to ABRI on 22 November 1978.120 By
November 1979 the vast majority of FALINTILs leaders were killed or captured. Notably, FALINTILs numbers fell as survivors found their way to their home villages, and remaining active FALINTIL guerrillas in 1980 were estimated to have numbered just 700.121 FALINTIL no longer possessed a large military formation but had been reduced to a guerrilla movement. It tactics began to change accordingly.122
This was the first turning point with relevance to the current expression of FALINTIL, the F-FDTL.
120
With the death of Nicolau Lobato, Guido Soares and other FALINTIL
BIOGRAPHICAL NOTES, BRIGADIER GENERAL TAUR MATAN RUAK, CHIEF OF DEFENCE FORCE.
Compiled by Roque Rodrigues, Secretary of State for Defence, 2002, in possession of the author. This account is disputed; see CNRT (2001a) Short Biography of Taur Matan Ruak, Dili. Gusmao, X., ed. Niner, S., To Resist is to Win,
121
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for
There were three types of military companies within the FALINTIL structure: Sector Companies, or linha
da frente, regular forces dedicated to the general defense of a geographical Sector area; Intervention Companies, or Companhia de Intervencao, dedicated to the defense and security of the fixed base, base de apoio, of the Sector; and Shock Troops or Companies, Companhia de Choque, dedicated to strategic surprise attacks on the enemy. BIOGRAPHICAL NOTES, BRIGADIER GENERAL TAUR MATAN RUAK, CHIEF OF DEFENCE FORCE. Compiled by Roque Rodrigues, Secretary of State for Defence,2002, in possession of the author.
39
commanders the leadership was decimated, and the movement was in complete disarray. One cannot overstate the disaster that had befallen FALINTIL and the people of Timor Leste. The fabric of East Timorese society had been torn asunder. The
population was displaced, starving and in a state of near constant terror. In March 1981, at a secret National Reorganization Conference of the Resistance in Lacluta, Xanana Gusmao, a relatively unknown and junior FALINTIL commander123, was elevated to the level of Commander in Chief of FALINTIL.124 The process by which Gusmao achieved supreme power over the resistance inside Timor Leste is unclear, and is the source of considerable controversy.125 From the platform of Commander in Chief, Gusmao began the long process of advocating for, and executing, a policy of resistance based upon National Unity, rather than founded simply upon the basis of FRETILIN partisanship. The act of detaching FALINTIL from FRETILIN was soon rejected by FRETILIN hardliners within FALINTIL, and remains the source of many present day conflicts between loyalists of President Gusmao and hard-line factions of FRETILIN loosely aligned with the Rogerio Lobato the Minister of the Interior.
Turning Point II 1983 to 1985: Recognising that FALINTIL and the population needed time and space to rest and reorganize, Gusmao embarked upon a controversial policy which was challenged by the hardline FRETILIN faction within the cadre of surviving FALINTIL General Staff. Using proxies, Gusmao opened discussions with Kospassus (Indonesian Special Forces) elements in Lautem in January 1983, in an effort to open a dialogue with the Indonesian military occupation.126 As a result of these discussions
123 124
A political rather than military commander. At the national level, the resistance was now led by the Conselho Revolucionario de Resistencia
Nacional (CRRN, the National Council for Revolutionary Resistance). The executive body of CRRN was the Fretilin Central Committee (CCF), which included political cadres and leaders, Falintil Commanders, representatives of people living in Indonesian controlled populations centres, and eventually members of the Central Committee active in the Delegacao de Fretilin em Servico no Exterior (DFSE, External Delegation of Fretilin). Xanana was appointed the National Political Commissar on the Central Committee, President of the Council and Commander-in-Chief of FALINTIL.
125 126
Telephone interview with senior East Timorese intelligence official November 2003. Chamberlain, E, The Struggle in Iliomar: Resistance in rural East Timor, privately published monograph,
Point Lonsdale, Australia, 2003. These proxies included Commanders from Lautem - Falo Chai and Jose da
40
Gusmao agreed to a ceasefire with the Indonesian military in March 1983. Gusmao used this opportunity to travel the countryside and campaign for his policy of National Unity.
The ceasefire was broken in August 1983 after a series of armed clashes between FALINTIL and the Indonesian military around Kraras, Viqueque.127 The massacre of civilians in Kraras was followed by a number of desertions from ABRI by local auxiliaries including now F-FDTL commanders Lt. Cols. Falur Rate Laek and Ular Rihik. The time these men spent as auxiliaries in ABRI, and manner under which they changed sides, is a source of ongoing controversy. It is known that a large number of FALINTIL who surrendered to ABRI in the run up to 1979 were drafted into Indonesian ranks what is unclear is why some survived their act of surrender whilst others did not. Treachery and self-sacrifice were but a few of the trends at work amongst FALINTIL at the time. Differences of opinion over this issue still resound loudly in Timor Leste today especially as they relate to the current orientation of F-FDTL. Many modern dissidents point towards some F-FDTL commanders as being traitors who benefited from surrender at the end of the 1970s, whilst many others were killed or simply disappeared.
Arguably the greatest controversy that exists in FALINTILs history - outside of the crimes committed during the counter coup in 1975-76 against UDT - is the 1984 confrontation between Gusmao and three senior deputies in FALINTILs General Staff, Commanders Mauk Moruk, Ologari Aswain and Kilik Wai Gai (all hardline FRETILIN).
Conceicao. Falo Chai was later killed in combat while da Conceicao turned and joined the Indonesians. He currently lives in West Timor.
127
Some observers argue that Gusmao purposely broke the ceasefire once his twin limited objectives of
making connections with former FALINTIL in ABRI, and redeveloping a national network, had been achieved. While Western authors have invariably cited/blamed ABRI for breaking the 1983 ceasefire, I'm of the view that it was more likely broken pre-emptively by Xanana in anticipation of ABRI eventual "bad faith" particularly as the series of attacks by FALINTIL on 8 and 9 August occurred across eastern ET (ie in Viqueque and Lautem) ie Ular's attack at Bibileo (although perhaps precipitated by earlier ABRI abuses of local women), the Hansip-foiled FALINTIL attack on Iliomar, the attacks against ABRI and Indonesian administration in Mehara and Leuro villages (both in Lautem). Also, in October 2003, I was told that a "get ready for an end to the ceasefire" message was passed from David Alex in the Lariguto area back to Lautem. Email communication from Ernie Chamberlain, January 2004.
41
These commanders opposed Gusmaos ceasefire with ABRI in early 1983, and his policy to unite the resistance under the banner of National Unity, stripping FRETILIN of its dominant position and forcing it to give UDT a seat at the table. In August 2003 Gusmao made his first public comments on that period. In this important speech,
Gusmao hinted that the opposing triumvirate was irresponsibly using FALINTIL troops in actions to the death, were narrow minded in their partisan denunciation of a multi party movement of National Unity, and most ominously that:
[The] General-Staff of FALINTIL, in turn, endorsed a premature attempt to persuade the Foras to revolt against the Superior Command of the Struggle. Fortunately, the guerrilla fighters showed great sense of maturity and refuse to resort to violence to solve internal conflicts and opposed any attempt that may result in bloody confrontation.128
This thinly veiled description of the triumvirates attempt to dislocate at best, or assassinate at worst, Gusmao was met with determination. Mauk Moruk allegedly surrendered to the Indonesians, Ologari Aswain was dismissed from FALINTIL, and Kilik Wai Gai disappeared. Their reputations and followers are still powerful forces in Timor Leste.
Mauk Moruks younger brother Ely Foho Rai Boot (also known as Elle Sette at the time junior FALINTIL Commander) was briefly ousted from FALINTIL following Mauk Moruks disgrace. Despite being brought back into the fold he consistently fell foul of FALINTIL High Command and ended up founding the Sagrada Familia a quasi religious personality cult - thus providing a power base independent of FALINTIL High Command. Elle Sette ultimately quit FALINTIL in disgust with its High Command in 2000.129
128
MESSAGE TO THE NATION OF H.E. THE PRESIDENT OF THE REPUBLIC KAY RALA
42
Commander Ologari Aswain retired from active resistance but since 1999 has reappeared on the national scene with his lead position in the anti establishment movement, the Conselho Popular de Defesa da Republica Democratica de Timor Leste (CPD-RDTL). With an extensive130, although loosely organised, network of followers across the country CPD-RDTL has flowered into the largest movement critical of FFDTL, the President and the Prime Minister.131
The greatest mystery surrounds Commander Kilik Wai Gai. President Gusmao claims that Kilik was killed by the Indonesians; however certain segments of FRETILIN suggest that he was either betrayed to the Indonesians, or was directly eliminated, by Gusmao supporters.132 Notably, the current Vice Minister for Internal Administration and member of the Central Committee is Kiliks widow, Maria Ilda da Conceicao.
Turning Point III 1987: Having removed the opposition, Gusmao embarked upon implementing his policy for the internal reorganization of the resistance along the lines of a multi party nationalist movement free of the divisions imposed by the FRETILIN/UDT schism.133 In 1987, Gusmao took the bold step of severing the connection between FALINTIL and FRETILIN and made it the armed wing of the newly created CNRM including FRETILIN, UDT, and other nationalist Timorese parties. In the previous twelve years of resistance (1975-87), the leadership of the resistance had been almost destroyed. Additionally, the mass of the population had been disconnected from the remaining leadership and was inactive (or indifferent) to the resistance, or simply trying to stay alive. Gusmao and his supporters asserted that only through a reconciliation of all elements in East Timorese society could a mass mobilisation of the population to resist be recreated.
130
CPD-RDTL celebrations of national holidays have been better attended in the last three years than
Government celebrations.
131
During FALINTIL Day celebrations in Dili 20 August 2002 Ologari gave a fiery speech denouncing the
UN, G-RDTL and F-FDTL. Joliffe, J., Guerrillas take to the streets of Dili again, The Age, 21 August 2002. As with Sagrada Familia CPD-RDTL finds its greatest support in the Baucau - Viqueque corridor.
132 133
Interview with a member of FRETILIN Central Committee, January 2003. It would also embrace all those who did not agree with Fretilins left wing ideology and also those who
43
backbone of the resistance, became non-partisan. Based upon the non-partisan status of FALINTIL, and the political wing of CNRM, resistance could be regenerated through a clandestine movement based in the towns and villages of Timor Leste.134 In essence, FRETILIN lost absolute control over the policies that the resistance would follow. The fallout of this series of events reverberates in Timor Leste today.
Turning Point IV 1991-1998: The 1991 Santa Cruz massacre signalled the rise of the civilian clandestine movement and Gusmao strategy of tying Falintil to a broader resistance movement. In November 1992, Gusmao was captured by Indonesian security forces whilst on an extended covert mission in Dili.135 He was subsequently
incarcerated in Cipinang Prison in Jakarta. From this point onwards Gusmao left behind the mantle of strictly Commander of the FALINTIL but became the political figurehead of the resistance. By this time the clandestine resistance movement had expanded rapidly across the country and a popular movement had once again been re-established. Notably, it is estimated that at time of Gusmaos capture FALINTIL had been reduced to a mere 150 men and some 60 weapons.136 Upon Gusmaos capture operational
command passed to Ma Huno, with Gusmao retaining the role as Commander in Chief. When Ma Huno was captured, operational command passed to Nino Konis Santana. Santana died under mysterious circumstances in March 1998. He was succeeded as operational commander by Gusmao loyalist, FALINTIL Chief of Staff Commander Taur Matan Ruak.
It is a matter of public record that during the 1999 FALINTIL was cantoned in several locations across Timor Leste and demonstrated immense self-discipline by obeying Gusmaos command not to retaliate in the face of gross provocation by the TNI and proautonomy militias across the country.
134 135
Pereira, A., The National Council of Maubere Resistance: An Overview of the Struggle of East Timor. BIOGRAPHICAL NOTES, BRIGADIER GENERAL TAUR MATAN RUAK, CHIEF OF DEFENCE FORCE.
Compiled by Roque Rodrigues, Secretary of State for Defence,2002, in possession of the author.
136
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for
44
Sette, refused to canton his men with other FALINTIL under the leadership of Taur Matan Ruak, instead opting for a separate cantonment.
It is also useful to note that by 1999 the FALINTIL command structure consisted almost entirely of Gusmao loyalists. Taur Matan Ruak was Vice-Commander of FALINTIL and Commander of Region II (Baucau, Manatuto and Dili), Lere Anan Timor was Commander of Region I (Lautem and Viqueque); Falur Rate Laek was Commander of Region III (Aileu, Same, Ainaro and part of Covalima), and Ular Rihik was Commander of Region IV (Liquia, Ermera, Bobonaro and part of Covalima).137 After the post
referendum destruction and violence and the arrival of International Force for East Timor (INTERFET) September 1999, FALINTIL High Command agreed to a single cantonment in Aileu where some 1000-1300 FALINTIL gathered. For the first time in years FALINTIL was gathered in one locale. The command structure was slightly altered with Taur
Matan Ruak retaining command with Lere Annan Timor serving as Deputy. The various commanders were as follows: Aluc Descartes (Company One), Sabika Besi Kulit (Company Two), Falur Rate Laek (Company Three), Ular Rihik (Company Four) and Mau Nana (Company Five). Attached to FALINTIL High Command were Commanders Filomeno Paixao and Pedro Klamar Fuik.138 Under the joint leadership of Gusmao and Ruak the bulk of rising FALINTIL commanders were Gusmao/Ruak loyalists and have formed the officer corps of the F-FDTL.
From the outset of its involvement in Timor Leste, the international community was poorly prepared to deal with the issue of FALINTIL. It did not understand its role in the history of the resistance, and most importantly it did not comprehend where and how it was placed in the constellation of various political interests in Timor Leste. UNTAET was loosely mandated to demobilise combatants, in addition to creating the institutions of a modern East Timorese state. UNTAET had to retire FALINTIL and establish a
137
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for
Only 112 fighters from the original phase of resistance in 1975-83 were still in the field with FALINTIL
when the Indonesians left at the end of 1999, and only 20 of these joined F-FDTL. Only 94 men who fought with FALINTIL for the full period 1975-99 are still alive. Sydney Morning Herald, 19 April 2002.
45
national defence force. Given its lack of contextual knowledge UNTAET was manipulated and make mistakes in this process.
UNTAETs enabling Security Council Resolution 1272 (1999) made no specific reference to disarmament, demobilisation or reintegration. By the time the PKF took over from INTERFET in early 2000, the number of pro-Indonesian militia in Timor Leste was minimal. Notably those militias who had found refuge in West Timor were not disarmed. In the July September 2000 period Timor Leste witnessed a series of violent cross border militia incursions by militia, intent on destabilising Timor Leste. Determined
actions by PKF killed, captured or deterred further incursions. When the international community criticized Indonesias failure to control militia elements in West Timor, the Indonesian authorities conducted half-hearted operations to contain and disarm militia activities. Disarmament efforts, however, remain inadequate and the militia continues to pose a lingering threat for Timor Leste.139 It is against this context that FALINTIL and UNTAET began to experience friction.
Inflexible rules governing the activities of donor organisations vis a vis armed groups, excluded FALINTIL from receiving international assistance while in the Aileu cantonment and left it without plans for demobilisation. Despite its clear moral legitimacy within Timor Leste it was considered too controversial as far as international actors were concerned. Consequently, during 2000 a marginalised FALINTIL suffered faltering cohesion and discipline and it soon posed a potential security threat. On 23 June 2000, Gusmao (Commander in Chief of FALINTIL and President of the CNRT) reported that the force was almost in a state of revolt.140 However, physical conditions and the uncertainty over their future status were not the sole cause of the disintegration of discipline in Aileu.141 To reduce it to such an equation is to simplify the matter and misunderstand
139
As of December 2003 there are an estimated 25,000 refugees remaining in West Timor.
It is
conservatively estimated that 10,000 will never return, in favour of settling in Indonesia.
140
A series of studies designed to address the future of FALINTIL were commissioned, including the
Independent Study on Security Force Options and Security Sector Reform for East Timor, Centre for Defence Studies, Kings College London, August 2000.
141
Of particular note was the departure of Commander Elle Sette, Ely Fohorai Bo ot, L7 brother of Mauk
Moruk), who returned to Baucau with some of his troops some of their weapons in April 2000. He and his
46
it.142 Aileu was the first time that many FALINTIL had to co-habitate with each other, and it created a situation where long standing differences of opinion and political rivalries became raw and exposed.143 Thus began the process of reconstituting FALINTIL from a loosely organised guerrilla movement into a legitimate professional defence force.
On 1 February 2001 in a joint ceremony in Aileu, FALINTIL was retired and F-FDTL was established. Six hundred and fifty FALINTIL were selected to constitute the first battalion of the F-FDTL, thus excluding in excess of one thousand three hundred FALINTIL. The process that determined the future of FALINTIL, and the shape of F-FDTL, is responsible for creating many of the present problems associated with the legitimacy of F-FDTL. These problems lie at the heart of why F-FDTL remains without adequate civilian oversight mechanisms. The process whereby it was determined who would join the First Battalion of F-FDTL versus those who would be demobilised via the International Organisation for Migration (IOM) implemented and World Bank/USAID/Japan funded FALINTIL Reinsertion Assistance Program (FRAP) was a key and flawed turning point in the development of the security sector in Timor Leste. F-FDTL has been under the pressure of constant criticism ever since.
In late 2000 UNTAET and FALINTIL High Command (as constituted by Gusmao loyalists) agreed that the selection process for a new defence force would remain an internal FALINTIL matter. It should be noted that FALINTIL High Command almost certainly exacted this price in exchange for their cooperation in retiring the majority of FALINTIL. Significantly, very few of the High Command itself was demobilised. As a result, FALINTIL High Command controlled demobilisation, received international
Sagrada Familia, became a focal point for many disaffected veterans. Tensions between Elle Sette and the FALINTIL High Command are historic and originate from his brothers Mauk Moruk opposition to Gusmaos leadership. After independence and throughout 2002-2003 Elle Sette would on occasion make common cause with Minister of the Interior Rogerio Lobato (and vice versa), who is also President of a main Veterans Association and patron of disaffected veterans.
142 143
To reduce present day discipline issues to material conditions is equally misguided. Also of note was Lu Olos (FRETILIN Political Commissar and member of the FRETILIN Central
Committee) decision to leave the cantonment in 2000. Lu Olo subsequently became President of FRETILIN and Speaker of the National Parliament.
47
assistance to, and a stamp of approval for, establishing their defence force. UNTAETs early decision to choose independence leader Gusmao and his clique as their prime interlocutors with East Timorese society, especially as it dealt with FALINTIL was an early and fundamental mistake.144 At that stage in the development of the Transitional Administration it was so dependent upon this sector of the East Timorese political elite that it could not protest at such a closed and subjective process. The selection for the defence force and remained in the hands of Gusmao loyalists in FALINTIL High Command. As a result the process was limited to a relatively narrow segment of the polity. Importantly, FRETILIN leadership, the Central Committee, and the party rank and file were never included in the process that determined the orientation of the defence force. The process was largely closed between November 2000 and 1 February 2001 and was thus presented as a fait accompli to the people of Timor Leste.
Compiling the lists of who would enter FRAP versus the defence force was no doubt a difficult task for FALINTIL High Command. However, due to internal differences based on personality clashes, ancient differences of ideology and various forms of allegiances the selection of those who entered F-FDTL and FRAP left many FALINTIL out in the cold. They found themselves either out of the defence force, and/or in some cases, excluded from FRAP as well. This came as a cruel blow to many who believed that simply by virtue of being FALINTIL that they would enter F-FDTL. Depending on how one defines FALINTIL, this process resulted in either hundreds or thousands of disgruntled FALINTIL being excluded.145
144
Despite being President of CNRT and Commander in Chief of Falintil Gusmao did not represent some
When discussing FALINTIL it is important to note that the definition of who constitutes FALINTIL is a
confused and highly manipulated subject. Many of those who claim to be veterans of the resistance in 2004 were less than 18 years old in 1999. Thousands of men and women served in FALINTIL from 1975 to 1979 but never again after that, and many joined after 1979, or even after 1992. Additionally: particularly after 1992, many clandestine resistance operatives acted on behalf of the resistance in the villages and towns supporting FALINTIL and acting as a link between FALINTIL and the population. Many of these persons consider themselves FALINTIL and/or veterans of an equal caliber.
48
The FALINTIL Commanders who were admitted into the F-FDTL form a cadre of Gusmo and Taur Matan Ruak loyalists. These Commanders hold a highly personalised sense of allegiance to Gusmao, their former Commander, and President of the Republic. Of those FALINTIL, commanders and otherwise, who were excluded from F-FDTL there is a sizable minority who have an acrimonious relationship with Gusmao and the F-FDTL High Command. Many of these individuals find a political home both historically, and recently, with elements of FRETILIN.
The sources of modern dissent in Timor Leste are not confined to the establishment of F-FDTL, but are more broadly linked to the perceived lack of legitimacy that many modern state institutions possess, as shepherded towards their creation by UNTAET and a small clique East Timor politicians during the 1999-2002 period. These include but are not limited to institutions as varied and an important as the National Parliament, local government structures and the police service in addition to the F-FDTL.
After F-FDTLs establishment in February 2001 it was subject to a broad public backlash. This was especially the case in the veterans community and most specifically those veterans who aligned themselves with fringe FRETILIN groupings. Several veterans organisations with different political bases came into existence in 2000-2001, and are the most powerful organisations in the country outside of government.146 Concurrently,
146
In July 2001, AVR was founded by President Gusmao following the dissolution of the CNRT.
Its
membership consists of those who participated in CNRT and FALINTIL structures. It is claims to have 18,000 members countrywide, but is likely grossly inflated. Importantly, AVR is the institutional home to the vast majority of CNRT cadres who did not join FRETILIN. Also, the vast majority of its members were not armed combatants for most of the, but were part of the clandestine network which provided support to both the external front and FALINTIL. Another organisation, the FVF assists FALINTIL veterans and the families of deceased FALINTIL only. Its membership is limited to those who served in FALINTIL between 1979 and 1992. The FVF is directed by 12 ex-FALINTIL Commanders of whom the seven leading figures are current FDTL officers. It has close links to the President and opposition parties. The third veterans organisation, the ExCombatants Association, is institutionally linked to FRETILIN and as with AVR includes many civilian excombatants. It is supported most importantly by Rogrio Lobato, the current Minister of the Interior, and a number of hard-line disaffected FALINTIL veterans. The Ex-Combatants Association also has links to a
49
FRETILIN, having spent 2000 confined by the strictures of the Gusmao led CNRT, began to organise itself with a view to the general elections of August 2001.147 An element of FRETILINs re-awakening was the disgust with which many of its members viewed the establishment of the F-FDTL, and its membership being dominated by supporters of the Gusmao clique FRETILINs main political opposition.
In the wake of F-FDTLs creation there was a rise in so called political security groups across the country (involving disaffected former FALINTIL and Clandestine activists). These groups were largely of a hard line FRETILIN orientation and did not always find favour with moderate FRETILIN as embodied by Lu Olo (President of FRETILIN and President of the National Parliament) and Mari Alkatiri (Secretary General of FRETILIN, and currently Prime Minister of Timor Leste).
Prior to the 2001 election, lead FRETILIN Central Committee member, Rogerio Lobato, made populist appeals calling into question the legitimacy of F-FDTL to assume the mantle of FALINTIL. It was an appeal that struck a chord with many people in Timor Leste and ratcheted up tensions across the country. The various political security groups were loosely connected under the umbrella of the Association of Ex-Combatants 1975 (AC75), headed by Rogerio Lobato, and included among others Sagrada Familia and the CPD- RDTL. While most are politically oriented, others have more criminal motivations. They rapidly became focal points for anti-UN, anti-UNPOL and anti-F-FDTL rhetoric and political activism.
Recognising that many of these groupings were (and remain) key players in local politics, FRETILIN wooed them in the run up to the October 2001 general election. FRETILIN Central Committee courted Elle Settes Sagrada Familia when a number of younger Sagrada Familia activists were elected to FRETILIN Central Committee in August 2001, one of whom was appointed National Security Adviser to the Chief Minister
number of organisations (including security groups) that are highly critical of the processes that led to the establishment for both the Defence Force and the Police Service and of the procedures through which they have been recruited. This group has been critical of the UN and its continuing involvement in the security sector, which it regards as usurping sovereignty of independent East Timor.
147
It is important to note that from late 2000 FRETILIN was boycotting CNRT.
50
(now Prime Minister Mari Alkatiri).148 Significantly, despite FRETILINs election victory, Lobato was excluded from government. A move that rankled the countrys 1975-era Defence Minister.
From October 2001 to May 2002 these groups publicly challenged the legitimacy of the F-FDTL. They busied themselves with recruiting members, claiming it was in anticipation of a possible reconstitution of the defence force. In reaction to these efforts to
undermine it, the F-FDTL sought to shore up its position through a series of actions that breached its founding regulation149. Clandestine information gathering activities on antiFDTL groups dramatically increased. In the run up to the Presidential election of April 2002 F-FDTL commanders made a number of politically charged public statements supporting Gusmao for President, thus interfering in the civilian democratic process despite its institutional commitment not to do so.150
As noted above days after Gusmao was elected President, an old political sparring partner of Rogerio Lobato151, Roque Rodrigues, was appointed Secretary of State for Defence. Rodrigues represented a compromise candidate for the highly sensitive
position acceptable to the President, the Prime Minister and F-FDTL High Command. It was a personal and political snub to Lobato.
In a mass mobilisation of popular discontent with the process, Lobato and supporters organised a host of marches by two to three thousand alleged ex-FALINTIL veterans on Dili to commemorate Timor Leste achieving sovereignty on 20 May 2002.
148
These
Ricardo da Costa Ribeiro was appointed in November 2001. He is nephew of FALINTIL Commanders
Elle Sette and Rodak. As with Elle Sette and Rodak, he hails from Laga, Baucau.
149
See Brig. General Taur Matan Ruaks comment in Suara Timor Lorosae, 4 December, 2001. See Lt. Col.
Falur Rate Laek comments in Suara Timor Lorosae, 6 March 2002. See Col. Lere Anan Timors comments in Suara Timor Lorosae, 11/13/16 March 2002. All made statements in support of Gusmao for President.
151
Lobato and Rodrigues were both on a mission seeking foreign assistance/recognition when Indonesia The lived in exile in Mozambique and Angola during the
Indonesian occupation of Timor Leste and fell out subsequent to Lobatos 1983 conviction for diamond smuggling in southern Africa.
51
marches were a thinly veiled threat by Lobato, that he could mobilise large numbers of men if he was not given a share of political power. On the morning of 20 May 2002 Lobato was appointed Minister of Internal Administration - with both the PNTL and local government within his portfolio.
By this time it had become patently clear that in spite of its critics F-FDTL had secured its place and that it would not be remade in the wake of independence. Consequently, it was not long before dissidents re-directed their anger towards the police service. Between the defence force and police service there are some 5 000 jobs at stake. In a country suffering extreme poverty and high unemployment, jobs, and the patronage that goes with delivering them, are synonymous with power. This is even more so if they are positions within the uniformed services. Dissidents and political security groups were therefore encouraged to undermine, harass and in some cases directly attack the police service. From May to December 2002 Timor Leste suffered a series of violent attacks and demonstrations against the police.152 The presence of over three hundred East Timorese ex-POLRI (Indonesian era police officers) who held many senior positions in the PNTL were the prime target for criticism. Their lingering presence in the police service is largely due to their experience and the fact that UNTAET and CNRT officials had cleared them in a vetting process in 2000. This, however, did not satisfy the fringe FRETILIN dissidents and the broader veterans community. From May 2002 they
agitated community sentiments against the police service; including the East Timorese police Chief himself. A series of clashes left numerous people dead, many others wounded and dozens arrested. These actions exposed the weaknesses of the police service and lengths to which people were willing go to correct what they saw to be as an injustice.
As in the case of the F-FDTL, the lead critics of the ex-Polri in the PNTL were the Minister of Internal Administration and those fringe FRETILIN veterans groups that he had supported in seeking to undermine the defence force. The critics' primary aim was to ensure that future recruitment favour veterans - presumably of their political stripe - thus
152
Pinto, J., A SEGURANA E A DEFESA (Um desafio a lutar por) [Security and Defence A Challenge to
52
politicising the police service in much the same way that the defence force had been politicised by Gusmao loyalists. Such was the state of the criticism that the UN Police Commissioner quickly and publicly butted heads with the Minister - fearing that the wholesale recruitment of veterans would undermine the already shaky professionalism of the service.153
Anti-government (anti-PNTL and anti F-FDTL) protests/gatherings were called on FALINTIL Day (20 August 2002) and Independence Day (28 November 2002) in which large crowds attended - much in contrast to the smaller more muted government affairs. In a highly combative Independence Day speech on 28 November 2002, President Gusmao called upon the government to dismiss Lobato for having engineered an environment in which fringe FRETILIN veterans groups were pitting the community and themselves against the police service - thus undermining public security. He stated: November 28th 2002 is celebrated, with a feeling of grief because of the problems in Uatu-Lari, the problems in Dili, the problems in Ualili and Baucau, the problems in Same and Ainaro, the problems in Ermera and Liquica and the problems in Suai and Maliana.
Unfortunately, it seems that by creating problems, one can rise to become a Minister, and these same people, after becoming Ministers, only know how to increase existing problems. Some weeks ago, I swore in another Vice-Minister of Internal Administration, and I urged that Ministry to start rigorously solving, the problems that affect the stability and security of our country. The fact is that these problems have been accumulating.
If independence belongs only to FRETILIN, I have no comments to make. If independence belongs to all of us, to all the Timorese, I seize this opportunity to demand of the Government to dismiss the Minister for Internal Administration, Mr. Rogrio Lobato, on the grounds of incompetence and neglect.154
153
UNTAET MEMO Remedial Restructuring of the SPU Immediate and Near Term, From: Peter Miller,
UNPOL Commissioner To: Kamalesh Sharma, UNMISET SRSG, 8 December 2002. (released as part of 4 December 2002 Riot Inquiry).
154
SPEECH BY H.E. PRESIDENT OF THE REPUBLIC KAY RALA XANANA GUSMO AT THE OFFICIAL
53
Several days later a major riot occurred on 4 December 2002. In brief, it was sparked by the PNTLs arrest of a student on 3 December 2002, which resulted in a clash between students and riot police. The following day subsequent protests resulted in the complete breakdown of law and order in the city with two protestors being killed, a dozen wounded, nearly a hundred arrests being carried out.155 It is generally agreed that police services over reacted due to inexperience and having endured months undermining by community leaders. Local observers generally concede that while the original causes of the riots were due to poorly advised police actions, that anti-government political actors/groups hijacked the riot and launched attacks against the Prime Minsters residence, among other politically sensitive sites.156 As a result of the riot the matter of the recruitment of veterans of the resistance into the police service became a foregone conclusion, and the door was opened for politicised recruitment into the police service. The Minister in question remains an important member of the Council of Ministers and the FRETILIN Central Committee, despite being stripped of responsibility for local government in January 2003.157
While the political temperature cooled in the first half of 2003 the FALINTIL Day (20 August 2003) and Independence Day (28 November 2003) anniversaries and associated celebrations again caused disquiet in Timor Leste. CPD-RDTL was singled out by both the Prime Minister and the President158 as being especially de-stablising in its activities and even hinted at taking actions against it in the future. During an Open Government speech in internal security at Baucau in September 2003 F-FDTL Chief of Staff Col. Lere Anan Timor stated that there were only two ways to overcome those groups who threaten the population and cause the instability within the Nation; first way is to send them to Jail, and the second way is to send them to Cemetery.159 While visiting
Baucau, both President Gusmao and Major Mau Buti (2IC First Battalion F-FDTL)
155
PNTL are reported to have beaten a number of detainees at Dili District station while they were being
Joint Statement of Civil Society Organizations in Timor Lorosae, On the Dili Riots, 7 December 2002. In January 2004, Rogerio Lobato became Minister of the Interior having being stripped of local govt
26 August 2003, Timor Post. 1 September 2003, LUSA. UNMISET Press Review, RTL NEWS DATE 01 / 09 / 03.
54
commented to the press that they were prepared to fight CPD-RDTL if it continued to challenge the government.160 Prime Minister Mari Alkatir has also been viogours in his criticism of CPD-RDTL in the latter months of 2003.
While the Minister of the Interior has attempted to become patron of dissaffacted veterans in an effort to leverage political power it is not clear to what extent this has been successful. Certainly his politicised control over the police service is a matter of record, however other actors have undermined his ability to manipulate the veterans debate especially donor assisted veterans programs.
Afterthoughts
Under UNTAETs auspices an international National Security Adviser (NSA) assisted the Special Representative of the Secretary General (SRSG) and the Chief Minister161 in the design of national security policy. Acting as adviser to the executive, and secretariat to the Council for National Security, the NSA coordinated the security functions of the government with a whole of government view of security. The NSA produced work in areas as disparate as border management, sustaining the Oecusse enclave, economic policy, intelligence, land and property, and the problem of ex-FALINTIL. As has been noted above Ricardo da Costa Ribeiro was appointed the East Timorese National Security Adviser late in UNTAETs mandate. A political appointment located in the GRDTL structure at a level between the Council of Ministers and senior civil service, Ribeiro has assumed a role much unlike that of the UN version.
In July 2002 Australia agreed to provide an adviser to Ribeiro. However, it was evident within months that the NSA had in fact become the Servios Nacional de Segurana do Estado (SNSE) in effect an internal (and possibly external) intelligence body. Despite every effort to convince the Prime Minister of the overwhelming requirement for national
160 161
28 November 2003, Suara Timor Lorosae. The Chief Minister was the transitional Prime Minister, at the time Dr. Mari Alkatiri.
55
security policy structures and coordination the adviser was unsuccessful and his role was terminated by July 2003. This is a reflection of continuing disagreement between the President and Prime Minister about who should be responsible for national security policy and the role and functions of the Council. With his links to fringe FRETILIN organizations and dissident groups Ribeiro was (and likely remains) the object of suspicion by F-FDTL and some segments of PNTL.162 Additionally, his closeness to the Prime Minister places him at odds with the Minister of the Interior on many issues. In 2003, Ribeiro began the process of recruiting for and establishing his intelligence body under the sole control of the Prime Minister.163
It is an open secret in Dili that the F-FDTL operates the largest and most sophisticated intelligence network in Timor Leste, with its activities likely extending elsewhere.164 It relies mainly on a host of informal clandestine networks that it developed during the Indonesian occupation. This body has monitored ex-FALINTIL dissident groups
(especially those in the eastern Baucau Viqueque corridor) since 2000. Lt. Col. Mau Nana manages this function, and it works informally for F-FDTLs main patron, the President of the Republic (through the Chief of the Defence Force).
On the other hand the PNTL is the only security institution with presence across Timor Leste and as such it operates a criminal intelligence system in all thirteen districts. Answerable to the East Timorese Police Commissioner it falls under the purview of the Minister of the Interior, who has already demonstrated a willingness to politicise police functions. Inspector Jose Maria Neto Mok commands police intelligence, SID.
Additionally, the former head of CNRT Security, David Ximenes, controls the Civil Security Division of the Ministry of the Interior. While he has designs upon senior security positions in government he also maintains an informal intelligence network (based on old CNRT structures) though his organization of hundreds security guards. In 2003 he was actively lobbying within government for the creation of an official
Ribeiro also fell out of favour with many in Sagrada Familia after joining the Prime Ministers Office. Telephone communication with a senior East Timorese intelligence official December 2003. Telephone communication with a senior East Timorese intelligence official December 2003.
56
intelligence body under his responsibility. As with the police, Ximenes is responsible to Minister Lobato.
In July 2003 the National Parliament promulgated an Internal Security Act. criticism from a number of sources primarily for:
It drew
1.
not defining the roles and responsibilities and the police versus the defence
force in this area; 2. being in contravention of the Constitution, particularly in areas pertaining to not adequately providing for oversight mechanisms.165
As in the area of defence and security, it is not clear how roles and responsibilities for intelligence operations and security coordination will be defined in light of personal, political and institutional competition.
The National Parliament of Timor Leste is charged with the legislative oversight of the FFDTL. It is exclusively incumbent upon the National Parliament to make laws on; The Defence and Security policy for RDTL.166 The National Security and Defence Committee is chaired by Jose Manuel Fernandes. As with all other committees it is a majority FRETILIN structure, but is notable for including, Antonio da Costa Lelan Parliaments lone independent, in addition to Clementino dos Reis Amaral, a Indonesian era legislator. While the necessity of a functioning Defence Ministry is clear, it is equally important that there be adequate legislative oversight of the F-FDTL. To date this
remains weak. There has been little support offered to this group of legislators in an effort to strengthen their ability to oversee, or to monitor the defence force or police
165
JSMP Report on the Internal Security Act (Bill), Judicial System Monitoring Program, Dili, Timor Leste,
October 2003.
166
Constitution of the Democratic Republic of East Timor, Title II, Chapter II, Section 95.
57
services.167 process.168
demonstrated by its role in questioning F-FDTLs budget during the mid 2003 budget However, the G-RDTL tends to view the Committee and Parliament as Parliament suffers from extremely limited
There are no non-governmental organisations that solely monitor the security sector in Timor Leste. The few human rights and legal/judicial monitoring groups have been preoccupied with other issues. Although in an optimistic aside, Timor Lestes preeminent human rights group has recently made security and advocacy its priorities for 2004 2005.169 In the past they have only occasionally, and with considerable trepidation, criticise F-FDTL should it breach certain codes of conduct.170 uncritical, and of insignificant value in overseeing the F-FDTL. The media is weak,
Veterans Initiatives
In recognition of the seriousness of the veterans debate, and its direct and indirect effects on F-FDTLs development, a number of initiatives have been implemented subsequent to FRAP which ended in December 2001.
In April 2002 the G-RDTL established an Office of Veterans Affairs within the portfolio of the Secretary of State for Labour and Solidarity. Directed by ex-Falintil, Veronica Das Dores, this office is designed to coordinate Government activities and resources in support of veterans suffering from material hardship. Given the G-RDTLs limited
resources this role has had limited impact. Also in 2002 the Office of the President in conjunction with the Worldbank established two Veterans Commissions designed to
167
The National Democratic Institute for International Affairs has been working with the Committee loosely
since March 2002 and much more closely since November 2002. NDI has organized a series of orientation trips to F-FDTL facilities in addition to the border areas, and has made some gains in this regard.
168 169 170
Email communication with Dili based western diplomat August 2003. Perkumpulan HAK. Email communication from an international NGO, January 2004. See the Atsabe example and JSMPs criticism of F-FDTL. The counter criticism by General Ruak was
very energetic.
58
evaluate the veterans issue at the District and subdistrict level and develop ways and means to address veterans concerns. Additionally, they were charged with developing a database of veterans across the country. The Commissions are apparently leaning
towards recognition for veterans as opposed to unsustainable material benefits. These Commissions have been somewhat successful in alleviating the pressures of the veterans debate. Finally, the United Nations Development Programme (UNDP) initiated a veterans assistance program in 2003 which has apparently assumed the role of a make work project with little long term relevance.
While the President has spent his adult life a guerrilla commander and a political prisoner the Prime Minister has been an exile in Mozambique. Both have played key
roles in Timor Lestes independence struggle. As such they have completely different world views. They are likely not as divided politically as they may appear. Yet their respective coteries are deeply divided. This division can act to break the working
relationship that the President and Prime Minister have created. In that wake of the Dili riots of December 2002 the President and Prime Minister have established a closer working relationship with weekly meeting being established. Much progress has been made in bringing the Office of the Prime Minister in closer contact and cooperation with the Office of the President. However, it is incumbent upon them as the two pre-eminent leaders of the country to build the bridges between their camps that are needed to fully establish and develop the governance structures that are required to oversee and manage a functioning, apolitical and democratic security sector and especially so in the case of the defence force and police service. To date they have either been
unwilling or unable to do so. The East Timorese should hope that it is the latter rather than the former.
Australia is faced with a strategic conundrum when examining the question of its assistance to the F-FDTL. Second only to the people of Timor Leste, Australia has
59
arguably the most at stake in Timor Lestes success or failure. Australias historical relationship with Timor Leste is at best mixed; however since its leadership of INTERFET in 1999 it has assumed the role of self-appointed steward of Timor Leste (along with the United Nations). Nowhere is this pattern more pronounced than its role vis a vis the F-FDTL. As the primus inter pares contributor to both INTERFET and Peacekeeping Force (PKF), the international community has expected that Australia assume principal responsibility among international actors for the development of the FFDTL.171 Not only has it provided considerable cover for F-FDTL due to its
overwhelmingly dominant position within PKF, but it has also been F-FDTLs largest material and training contributor since 1999. Australia has gone to great lengths to segregate its support to PKF from its support to F-FDTL. However, this relationship is not as benign as it may appear and it has serious ramifications on defence policy in Timor Leste. Notably, by any hardheaded calculation, Australias interests in Indonesia are greater than [its] interests in East Timor. That at least was the traditional calculus of Australian governments up to and including 1999.172 There is little reason to believe that this calculus has dramatically altered since 1999. Furthermore,
Australia will have an interest in making sure that Indonesia fully respects East Timors sovereignty, but equally that East Timor does not cause Indonesia legitimate grievances over the management of their border and other Indonesian security concerns.
the management of our relationship with East Timor will need to take account of Indonesian sensitivities and perceptions. Otherwise we might find that Australias legitimate support for East Timor could become a source of real tension between Canberra and Jakarta.173
Published in May 2002 these comments are drawn from a report by the Australian Strategic Policy Institute (ASPI).
171
Portugals historic and current relationship with Timor Leste should be underestimated, along with
Wainwright, E, A New Neighbour, A New Challenge, Australian Strategic Policy Institute, Policy Report,
60
largely funded by the Australian Department of Defence. These sentiments are significant in terms of Timor Lestes defence policy for several reasons. Australia has national interests in ensuring that F-FDTL does not provoke the TNI on the border. However, Australia also has direct interests in ensuring that F-FDTL is appropriately employed. So if F-FDTL is not oriented towards the border where does it focus it
energies internally? There is no reason why the F-FDTL cannot be left to train as a professional force without being actively employed anywhere. There is however a requirement for public policy that clearly sets out defence policy and doctrine. While it may be ill advised to have F-FDTL on the border there is little reason why it cannot operate beyond a buffer zone in support of the civil power if authorized to do so.
Clearly a border role for F-FDTL possibly runs counter to Australian interests. However, an internal orientation is only slightly less anathema to Australian interests. As a result Australia is caught in a contradictory position when contemplating its assistance to FFDTL. Significantly, this contradiction is often mirrored by the East Timorese
themselves. This is a question that neither Timor Leste, nor its ally, has as yet answered in a comprehensive or public manner.
61
Despite years of UN administration and billions of dollars spent on rebuilding Timor Leste there is a possibility of a disintegrating state divided along political lines drawn by divisions in the resistance/veterans community and supported by their control of various state agencies, in particular the F-FDTL and PNTL. This risk to the state is highlighted by the fact that there are no effective civilian governance structures in place to bind security institutions to both the government and the community. The solution is to build these structures.
This is arguably most pressing in the case of the F-FDTL. From 2001 F-FDTL has been developed behind closed doors, tucked away in its cantonments or bases with little or no exposure to the outside observer. On the few occasions that it has emerged from its facilities it has either behaved remarkably well or remarkably poorly. It is an erratic record which Timor Leste can ill afford to experience in the absence of international security structures.
1.
As noted above F-FDTL is under pressure in a host of crucial areas, all of which F-FDTL is neither
2.
The Ministry requires a legal framework within which to operate not only with
regards to its specific area of responsibility but also with regards to overlapping areas of responsibility with the police services (especially with regards to the border). Hence,
62
A Superior Council for Defence and Security Act is urgently required; and A Council of State Act is urgently required.175
3.
In order to ensure that all of the above operate efficiently and effectively, Timor
Leste needs to apply a whole of government approach to its defence and security requirements. incursions. A policy which gives unemployment as much priority as border
4.
While core oversight and management mechanisms for the F-FDTL are poorly
developed those secondary but equally as important sectors also require major assistance.
The National Security and Defence Committee and the National Parliament need
strengthening;
Civil society and the media need to actively engage the issues.
174
Since at least October 2002 observers have been calling for an open debate for a new and contextually
relevant Defence Act. Pinto, J., Krisis Kebijakan Pertahanan (Defence Policy Crisis), Timor Post, 19 October 2002. 175 MESSAGE TO THE NATION OF H.E. THE PRESIDENT OF THE REPUBLIC KAY RALA XANANAGUSMO ON THE OCCASION OF FALINTIL DAY COMEMORATION IN UAIMORI 20 AUGUST2003. The President of the Republic has called for the relevant laws to be debated and passed.
63
5.
UNMISET PKF and UNPOL are scheduled to leave Timor Leste by May 2004.
Given the pressures upon F-FDTL, there are serious intimations that Timor Leste could experience difficulties as a result of UN departure. The United Nations should reconsider its departure in May 2004.176
should be closely tied to ensuring that the G-RDTL and the East Timorese live up to their commitments in the development and strengthening of the required oversight bodies for the F-FDTL (and the rest of the security sector).
The international community should accept that much of the reasons for the
current problems stem not only from the G-RDTLs limited resources and training/equipment issues but also from the near complete vacuum of civilian security sector governance.
Failing this Australia and/or Portugal will likely have to reconsider the future of
6.
176
"I think what we're likely to recommend is a smaller, more compact (mission) and with no executive
authority," Julian Harston, Asia-Middle East director in the United Nations' Department of Peacekeeping Operations, said in an interview with AFP. UN Team Likely to Recommend Scaled-Down Mission in East Timor, Agence France-Presse, 15 Jan 2004.
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Acknowledgements:
The author would like to acknowledge constructive comments by Ernie Chamberlain, Bob Lowry, Mike Smith, Karen Polglaze, Neven Knezevic, Sara Niner, Eva Busza, Jim Della-Giacoma, and James Brew in addition to number of anonymous reviewers. Opinions remain the authors alone.
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