| East Timor–Indonesia border | |
| Territory1: | |
| Length: | 253km (157miles) |
| Enclaves: | Oecusse |
| Established: | 25 June 1914 |
| Establishedreason: | Court of Arbitration's award |
| Current: | 2002 |
The East Timor–Indonesia border is the international border between East Timor and Indonesia. The border consists of two non-contiguous sections totalling 253 km (157 m) in length, the larger section of which divides the island of Timor in two.[1] The demarcation of the border between Indonesia and East Timor has been fought over by various parties for 350 years. The first attempts to define it precisely were made by the colonial powers of the Netherlands and Portugal with the Treaty of Lisbon in 1859, but it was not until the Permanent Court of Arbitration's award of 25 June 1914 that the final land border between them on the island of Timor was established. It largely coincides with today's border between the state of East Timor (Timor-Leste), which only gained its final independence in 2002, and West Timor, which belongs to Indonesia, but was still disputed on some points until 2019.[2]
The Municipality of Oecusse forms an exclave of East Timor in Indonesian West Timor (part of East Nusa Tenggara province). The border starts in the west at the coast of the Savu Sea, proceeding overland to the south to the Noel Besi River, which it then follows south, then east, then south. The border then turns east overland briefly, before turning to the north, utilising various rivers such as the Ekan, Sonau and Bilomi, before proceeding northwards overland to the Savu coast.
The border between Indonesia and the main part of East Timor starts in the north at the Savu Sea coast, and proceeds south and then east via the Talu river. It then turns south along the Malibacu river, and then west along the Tafara river, then south along the Massin river down to the coast at the Timor Sea.
The division of the island of Timor dates to the colonial period. During the 15th–16th centuries both the Netherlands and Portugal began taking an interest in the Spice Islands of modern Indonesia. The Portuguese first landed on Timor in 1512 and established their first settlement in Lifau in western Timor in 1556. The Dutch followed shortly after, but did not establish themselves in the west of the island until 1640 when the Dutch started to occupy the western half of the island as part of its Dutch East Indies colony. In 1642, the Portuguese conquered the island's spiritual centre at Wehale, after which most Timorese rulers (Liurai) recognised Portugal's dominance. Thus, Portugal started to occupy the eastern half of Timor and declared the creation of Portuguese Timor.[3] [4] In 1656, the Dutch conquered the Portuguese base at Kupang. In 1749, an attempted reconquest by the Portuguese failed at the Battle of Penfui, whereupon most rulers in the west signed treaties with the Dutch East India Company. Among them was a certain Jacinto Correa, King of Wewiku-Wehale and Grand Prince of Belu, who also signed the dubious Treaty of Paravicini on behalf of many territories in central Timor. Fortunately for the Portuguese, Wehale was no longer powerful enough to draw the local rulers to the side of the Dutch. Thus the eastern former vassals of Wehale remained under the flag of Portugal, while Wehale itself fell under Dutch rule. The result was a permanent dispute over the boundaries of the spheres of influence of the colonial powers.
See also: Treaty of Lisbon (1859). In 1851, the Portuguese governor José Joaquim Lopes de Lima reached an agreement with the Dutch on the division of the colonies in the Lesser Sunda Islands. However, this was not authorised by Lisbon, which is why the agreements were only confirmed in the Treaty of Lisbon in 1859 after new negotiations from 1854. On 20 April 1859 a treaty was signed (ratified 1860) which formally divided the island between the Netherlands and Portugal, with a border based on existing Timorese states which were assigned to either Portugal or the Netherlands.[5] However, the exact course of the border was still unclear, and with Portuguese Noimuti and Dutch Maucatar, there was also one enclave each of the colonial power without access to the sea on the side of the competitor.
On 10 June 1893, An additional treaty, the Lisbon Convention, was then signed between the governments, with the intention of creating favourable conditions "for the development of civilisation and trade" and for the dissolution of the still existing enclaves (ratified 1894). A commission of experts was to be convened for the new demarcation of borders. If difficulties arose, a mediator was to be called in. The commission visited Timor and came to an agreement on most of the border between 1898 and 1899. The problem with the enclaves of Noimuti and Maucatar remained unresolved. The original reason of the Dutch for this round of negotiations was the desire for a right of first refusal for East Timor. There were rumours that Russia and Germany wanted to establish a coal station in Portuguese Timor, respectively that the colony would be exchanged for the recognition of Portuguese claims in Africa with Germany, France or England.[6] In fact, on 30 August 1898, Germany and Britain agreed in the Angola Treaty on a joint bond for the heavily indebted Portugal, for which the Portuguese colonies were intended as a pledge. In the event of insolvency, Portuguese Timor would have fallen to Germany. As early as 1899, however, the treaty was undermined by the extension of the British guarantee of protection for Portugal and all its possessions.In 1897, fighting broke out over Lamaknen between Lamaquitos, which was under Portuguese sovereignty, and Dutch-dominated Lakmaras.[7] In Lakmaras itself, skirmishes between the two colonial forces resulted in casualties.[8] Between 23 June and 3 July 1902, there was another conference in The Hague. It was argued whether Oe-Cusse Ambeno was part of the Lisbon Convention on the exchange of enclaves or not. Portugal objected, saying that the area had a coastal course and therefore did not fall under the definition of an enclave.[9] The Dutch claim to Maucatar had previously been based on their suzerainty over Lakmaras, which created a link to Maucatar. In the meantime, however, Lakmaras had become a subject of the Empire of Lamaquitos in the Portuguese sphere of power and Maucatar would have to fall to Portugal as an enclave according to the previous agreements.[10] On the other hand, the Tahakay Empire (Tahakai, Tafakay, Takay) had in the meantime fallen to the Lamaknen Empire. Tahakay, however, belonged to the Portuguese sphere of influence, Lamaknen to the Dutch. Portugal resisted this loss in the negotiations and therefore now demanded the entire Dutch territories in central Timor. A compromise was reached with the Hague Convention of 1 October 1904. Portugal was to receive the Dutch enclave of Maucatar in exchange for the Portuguese enclave of Noimuti and the border areas of Tahakay, Tamira Ailala (Tamiru Ailala) and Lamaknen. The disputed territories in the east of Oe-Cusse Ambeno were granted to the Dutch. The border was defined from the confluence of the Noèl Bilomi and Oè Sunan, following the Thalweg path of the Oè Sunan, continuing through Nipani and Kelali (Keli) to the source of the Noèl Meto, and following its valley path to its mouth. In addition, the Dutch now secured the right of first refusal for East Timor. Portugal ratified the treaty until 1909, but then a dispute arose over the demarcation of the eastern border of Oe-Cusse Ambeno.[11] In 1910, the Netherlands took advantage of the confused situation after the fall of the Portuguese monarchy to seize Lakmaras again with European and Javanese troops.[12]
Between 1 and 10 June 1909, a commission carried out a survey of the eastern boundary of Oecussi-Ambeno, but could not agree on the correct course and decided to transfer the open questions back to their governments.
The commission had started surveying in the north on the coast and followed the course of the Noèl Meto southwards. Its source served as a measuring point. However, the way to the source was blocked by steep cliffs that could not be overcome, so the surveyors decided to survey only the areas to the north and south. Thus, an area between the source of the Noèl Meto in the north and the course of the Noèl Bilomi in the south was missing. Discrepancies arose first in the north. On the 1904 map (Annex III), the name Kelali was found with Keli in brackets. The Dutch assigned this mark to the summit of Mount Kelali. This lies to the west of the Noèl Meto between two pointed rocks and was given by the inhabitants of the Dutch Tumbaba as the border to the Portuguese Ambeno. Instead, the Portuguese asked to follow the valley paths east of it.
In the southern part, the commission investigated the demarcation along the course of the Nono Nisi (Nise) on 17 June 1909, then further along the course of the Noèl Bilomi, finally arriving at the point where the 1899 expedition had finished its work. The point was marked on the 1904 map as the confluence of the Noèl Bilomi and the Oè Sunan. The present commission found two northern tributaries here, but neither of them had the name Oè Sunan. The Dutch explained this by saying that the area between the tributaries was called Sunan and that there was actually no tributary named Oè Sunan, although the confluence was the starting point of the boundary demarcation on the 1899 and 1904 maps. The Portuguese noted that there was a river further east called Oè Sunan or Oil Sunan, which was not a tributary of the Noèl Bilomi, but whose source was in the "very close to the Noèl Bilomi". Finally, the commission agreed that there is no tributary called Oè Sunan on the Noèl Bilomi, but that the river changes its name. The Portuguese stressed that this meant that the Noèl Bilomi still existed.
The Dutch delegation explained that the Bilomi had changed names in this region. "Yes, the river exists," the Portuguese replied, "but, according to indigenous tradition, it bears the name of the area it is crossing". Finally, the Portuguese delegation added, not very far from the north bank of the Bilomis stands Mount Kinapua. On its opposite slope, the Oè Sunan flows towards the north. It was only necessary to follow this river course, then up the Noi Fulan river to its source and finally connect it with the source of the Noèl Meto, which had already been recognised by the joint commission.
However, the Dutch felt that there was no point in pursuing the survey of this river, as both Mount Kinapua and the border area that would be created under the Portuguese proposal were outside the territory contested in 1899. Mount Tasonal appears on the 1899 map on the farthest eastern boundary of the then Portuguese claims, which were rejected by the 1904 Agreement. In this respect, a border area going even further east is out of the question. There were numerous areas of the boundary which the two sides were unable to come to agreement on, prompting a further conference held at The Hague in 1902. A treaty was subsequently signed on 1 October 1904 (ratified 1908) which created the modern boundary, removing a number of enclaves whilst leaving the exclave of Oecusse as part of Portuguese Timor.
However, whilst demarcating the boundary on the ground in 1909, the two sides were unable to agree to the alignment of the eastern section of the Oecusse boundary. The Joint Commission interrupted its work here and the question, meanwhile taken over by the diplomatic services, caused endless correspondence between the cabinets in The Hague and Lisbon. Out of this correspondence came the 1913 Convention, which gave an arbitrator the right to decide, according to the "facts supplied by the two parties" and "on the basis of general fundamental rights, how the boundary from the Noèl Bilomi to the source of the Noèl Metos, in accordance with Article 3, Number 10 of the Den Hagen Agreement of 1 October 1904... should run."
As the governments could not agree, it was decided to refer the matter Permanent Court of Arbitration in 1913.
The Portuguese government made the following points:
The main arguments of the government of the Netherlands can be summarized as follows:
The Swiss judge Charles Édouard Lardy of the Permanent Court of Arbitration in The Hague thus ended a centuries-old dispute in favour of the Netherlands on 26 June 1914. In 1915 various overland sections of the boundary were demarcated on the ground by erecting boundary posts.
In 1949, the Dutch possessions on and around Timor became independent as part of Indonesia, while Portuguese Timor initially remained an overseas province. It was only after the Carnation Revolution of 1974, which removed the dictatorship of Marcello Caetano, that Portugal began to decolonise its possessions. In East Timor, a civil war broke out between the two largest parties, which Indonesia used to occupy the border area. Under the threat of total invasion, the victorious FRETILIN declared the independence of the Democratic Republic of East Timor on 28 November 1975, but only nine days later Indonesia openly began to annex and occupy East Timor, reforming it under the province of Timor Timur (which uses the same border prior to the invasion without any changes).[13]
The following 24 years of occupation and guerrilla warfare cost the lives of nearly 200,000 people. Finally, in 1999, under pressure from the international community, a referendum was held in which the population had the choice between independence and belonging to Indonesia as an autonomous province. 78.5% opted for independence. East Timor came under UN administration and was finally granted independence on 20 May 2002.[14] [15]
As late as 2001, members of the Indonesian military warned that East Timor's independence could cause secessionist movements in West Timor. East Timorese separatists and irredentists have received local support in West Timor, including from the local Catholic diocese of Atambua.[16] The aim is to unite the two parts of the island into an independent "Greater Timor". In 2005, a local commission again warned against a "Great Timor grouping" in West Timor.[17] However, such a grouping did not appear in the general public and neither the government nor the major parties in East and West Timor pursue such a policy. The current land border between East Timor and Indonesia is 268.8 km long. 149.1 km of this is the border between the main territory of East Timor and its western neighbour, the rest is the border around the East Timorese exclave of Oe-Cusse Ambeno. In order to agree on the course of the border, the Dutch-Portuguese border demarcation was used as a guideline, in accordance with the legal principle "Uti possidetis".[18]
Border negotiations have been conducted by Indonesia since 2001 with the UN-formed transitional government in East Timor (UNTAET), before being continued with the official government of Timor-Leste since 2002 through the Joint Border Committee (JBC). The initial result was the 2005 Interim Agreement, which established a land boundary between Indonesia and Timor-Leste of 268.8 kilometers with 907 coordinate points. However, the agreement had only resolved about 96% of the land border issues. The remaining 4% covering the Noel Besi-Citrana, Bidjael Sunan-Oben, and Dilumil-Memo areas had formerly not been agreed upon due to differences in border interpretation between the two countries.[19]
See main article: Batek Island. Since 8 April 2005, 97% of the border had been defined with 907 coordinate points. Still in dispute was the affiliation of the small uninhabited island of Batek Island (Fatu Sinai), 37 hectares between the East Timorese village of Memo (Suco Tapo/Memo) and the Indonesian Dilumil (Lamaknen district, Belu Regency), where it was not possible to agree on the location of the river median of the Mathiaca (Malibaca) over a length of 2.2 km and areas around the exclave of Oe-Cusse Ambeno (Área Cruz with 142.7 hectares in Passabe, Citrana triangle in Nitibe) as well as the exact modalities of a corridor from Oe-Cusse Ambeno to the main state territory. Since 2010, there has been a special pass for traffic in the border area. In Naktuka, however, there have been repeated attacks by Indonesian soldiers on the local population since the end of 2009.[20] [21] On 21 June 2013, the dispute over the area near Dilumil/Memo was settled.
The claims to the island of Fatu Sinai had allegedly been abandoned by East Timor at this point. The two territories on the border of the Oe-Cusse Ambeno exclave remained as points of contention. On 23 July 2019, following a meeting between East Timor's chief negotiator Xanana Gusmão and Wiranto, Indonesia's Coordinating Minister for Political, Legal and Security Affairs, it was stated that agreement had now been reached on the course of the country's border. Negotiations on maritime borders, which had been ongoing since 2015, continued.[22] [23] On 21 January 2022, Gusmão reported to the Foreign Affairs, Defence and Security Commission of the National Parliament on the status of the negotiations. Now Naktuka and Fatu Sinai were again part of the negotiations. Negotiations on maritime borders from Batugade to Atauro and from Atauro to Jaco were also ongoing.[24]
In 2013, Indonesia and East Timor agreed to divide the Dilumil-Memo region evenly by the use of a median line and was reclarified in the 2005 agreement. Meanwhile, the proposed border in Sunan-Oben faced staunch opposition from Indonesian locals, who argued that, had it been accepted, most of the land would fall on the East Timorese side of the border.
In 2017, Both countries had formed an organization, the Senior Official Consultation (or known as the SOC), in the task of discussing the technical details of resolving border issues. The SOC team managed to reach an agreement in principle in 2019, including on the Subina-Oben boundaries, the determination of end points and the drawing of new lines for Bidjael Sunan–Oben, and the use of a simple median line to bisect Noel Besi–Citrana. Finally ending the dispute.[25] However, after the East Timor delegation brought home the results of the agreement, there was rejection from parliament, especially regarding the land boundary of the Noel Besi-Citrana region, also known as Naktuka. This then resulted in the Naktuka controversy.
Nakuta is located in Noel Besi-Citrana, between Kupang Regency and Oecusse District consisting of 1,069 hectares of land. In 2023, a joint technical team led by chief negotiators Roberto Soares (East Timor) and Abdul Kadir Jailani (Indonesia) finalised the demarcation of the land border. The border was last demarcated with poles in the Citrana Triangle between 20 and 27 November.[26] Controversy occurred on 24 January 2024, when FONGTIL, the umbrella organisation of East Timor's non-governmental organisations, called for the signing of the border treaty planned for 26 January to be postponed and called on the national parliament not to ratify the treaty. It was recommended that a new commission be formed to examine the conformity of the agreements with the decision of the International Court of Arbitration of 1914. The 76 poles with the new border demarcation in the Citrana Triangle cut off 270 hectares of agricultural land around the village of Naktuka, which had been cultivated by its inhabitants for decades, and allocated it to Indonesia. The local population was not involved in the demarcation of the border. The inhabitants of Naktuka explained that the territory had been part of Portugal in colonial times and had belonged to Timor Timur during the Indonesian occupation. Indonesian officials from the province of East Nusa Tenggara later confirmed the claims of the East Timorese. FONGTIL therefore also feared an escalation of the conflict between Naktuka and the neighbouring Indonesian village of Oepoli (Kupang government district). The opposition in parliament immediately took up the criticism of the government of Xanana Gusmão, who has been Prime Minister of East Timor again since 2023.[27] [28] [29] East Timor's President José Ramos-Horta stated that there were ‘still reasons’ to continue the discussion on the land border with Indonesia and expressed ‘optimism with regard to a joint solution’. He said he had confidence in the negotiating team led by the Prime Minister.[30]
The signing of the border treaty did not take place during Xanana Gusmão's visit to Jakarta following criticism.[31] Gusmão stated on 26 January that he had not yet made a decision on the matter and would travel to Oe-Cusse Ambeno in the next few days to see for himself and talk to the people.[32] In a statement published on Facebook on January 31 by his party, January, his party, the CNRT, stated that while the arbitration award between the Netherlands and Portugal did indeed award Naktuka entirely to Portugal, the historical border between the realms of Amfo'an (on the Dutch side) and Ambeno (on the Portuguese side) was the Noel Besi River, so Naktuka must belong entirely to Indonesia. The negotiators therefore came to the conclusion to divide Naktuka into two halves in order to find a compromise, although Amfo'an was not satisfied with this either. Despite the agreement reached, the signing of the border treaty has now been postponed for further negotiations. Attached to the statement was a satellite image in which Naktuka is even bisected in the centre, with the settlement on the Indonesian side.[33] The arguments, border demarcation and images were referring to the results of a study by Prof. Indriana Kartini, a researcher at the National Research and Innovation Agency (BRIN) of Indonesia.[34] [35]
On 1 February, Xanana Gusmão visited the village of Naktuka. Gusmão explained that in 2014, during his last term as prime minister, he had promised Indonesia that Indonesian farmers who cultivate land in Naktuka would not be evicted. The residents of Naktuka had agreed to this at the time. However, an East Timorese official from the Ministry of Agriculture who has been working in Naktuka since 1996 said that he had never seen Indonesians farming there.[36] Gusmão and negotiator Roberto Soares explained that the poles that had been placed did not represent a new boundary line, but rather marked reference points for the negotiations. The existing border points from the colonial era would support the demarcation in East Timor's favour. The Prime Minister stated that the border agreement should now be signed in September during the visit of Indonesian President Joko Widodo to East Timor. The inhabitants of Naktuka were invited to send representatives.[37]
Border crossings from East Timor's main territory to Indonesia exist at Mota'ain, near the north coast, and Motamasin, on the south coast to Indonesia's West Timor. There is no regular bus service. From Oe-Cusse Ambeno, border crossings at Napan/Bobometo (Oesilo administrative post), Sacato/Wini and Passabe lead to West Timor. However, only Bobometo and Sacato are legal crossings.[38]