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On Tuesday the governments of Timor Leste and Australia will sign a maritime boundary treaty in New York in the presence of Antonio Guterres, the Secretary General of the United Nations. This day has been a long time coming. It will be a day of great celebration for the Timorese. They've taken a big gamble and it seems to have paid off.
It is very good news that the two governments have reached agreement on 'a pathway to the development of the resource, and the sharing of the resulting revenue'. Given the stand-off in the South China Sea, Timor's agent Agio Pereira is right to express pride and satisfaction that 'with our joint success at resolving our dispute through this conciliation process, Timor-Leste and Australia hope to have set a positive example for the international community at large'.
Without any media fanfare, Foreign Minister Julie Bishop published a statement on 9 January 2017 announcing that Australia and Timor Leste had agreed to terminate the 2006 Treaty on Certain Maritime Arrangements in the Timor Sea. This news is more welcome to the Timorese government than to the Australian government. But the uncertainty created by this Timorese win might in time impact more adversely on Timor than on Australia. Only time will tell.
Timor has scored another win in the international legal forum, this time before a five-member Conciliation Commission convened under the auspices of the Permanent Court of Arbitration. In response, George Brandis and Julie Bishop regurgitated the Canberra mantra: 'We have a strong interest in Timor-Leste's stability and growing prosperity, and in providing a stable and transparent framework for investment in the Timor Sea.' They have no idea just how patronising this sounds in Dili.
Rui Maria de Araujo, the prime minister of Timor-Leste, wrote to Malcolm Turnbull inviting him to turn a new leaf in the Australia-Timor relationship. It was not to be. But the Timorese are well used to winning the hearts and minds of Australians even when our political leaders appear to be tone deaf to their pleas. This time they have convinced the Labor Party about the justice of their cause, and there is every chance that the Australian community will rally behind them after the federal election.
There is nothing to be gained for Australia and Timor as neighbours airing dirty laundry in exalted international fora. It is time for both countries to agree to put the unresolved boundary issue to bed, seeking an agreement or determination by conciliation of the differences between them concerning the Timor Sea. The situation is similar to neighbours agreeing not to settle the boundary of their back fence. That is all very fine unless and until there is a problem.
In 2006 Australia and Timor Leste hastily signed the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) at a time of considerable political instability in Timor. After last year's revelation of evidence of Australian spying on the Timorese during the negotiation of CMATS, the Timorese decided to challenge its validity, and in March this year they had a spectacular win in the International Court of Justice that caused great embarrassment to Australia.
The recent revelations that ASIO raided the offices of Timor Leste's lawyers and detained its star witness just before its case against Australia highlights, once again, the question of the linkage between national and commercial interests. ASIO's governing statute does not permit it to engage in economic espionage. Unfortunately, the distinction between government and commercial interests is growing increasingly hard to draw.
Australian governments of both political persuasions have reassured the Australian public that they are decent and special when it comes to dealing with the Timorese over disagreements in the Timor Sea. Time for such special pleading is over. For the good of ongoing relations between these two unequal neighbours, it is time for Australia to commit to negotiating final maritime boundaries.