Indonesia–Timor-Leste Border
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The Indonesia–Timor-Leste border is the international border between
Timor-Leste Timor-Leste, also known as East Timor, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia. It comprises the eastern half of the island of Timor, the coastal exclave of Oecusse in the island's northwest, and ...
and
Indonesia Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania, between the Indian Ocean, Indian and Pacific Ocean, Pacific oceans. Comprising over List of islands of Indonesia, 17,000 islands, including Sumatra, ...
. The border consists of two non-contiguous sections totalling 253 km (157 mi) in length, the larger section of which divides the island of
Timor Timor (, , ) is an island at the southern end of Maritime Southeast Asia, in the north of the Timor Sea. The island is Indonesia–Timor-Leste border, divided between the sovereign states of Timor-Leste in the eastern part and Indonesia in the ...
in two. The demarcation of the border between Indonesia and Timor-Leste 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 , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
and
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
with the
Treaty of Lisbon The Treaty of Lisbon (initially known as the Reform Treaty) is a European agreement that amends the two treaties which form the constitutional basis of the European Union (EU). The Treaty of Lisbon, which was signed by all EU member states o ...
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 Timor (, , ) is an island at the southern end of Maritime Southeast Asia, in the north of the Timor Sea. The island is Indonesia–Timor-Leste border, divided between the sovereign states of Timor-Leste in the eastern part and Indonesia in the ...
was established. It largely coincides with today's border between the state of Timor-Leste (East Timor), which only gained its final independence in 2002, and West Timor, which belongs to Indonesia, but was still disputed on some points until 2019.


Description


Western (Oecusse) section

The
Municipality A municipality is usually a single administrative division having municipal corporation, corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality' ...
of
Oecusse Oecusse, also known as Oecusse-Ambeno (; ) and formerly just Ambeno, officially the Special Administrative Region Oecusse-Ambeno (), is an exclave, municipality (formerly a district) and the only Special Administrative Region (SAR) of East Tim ...
forms an
exclave An enclave is a territory that is entirely surrounded by the territory of only one other state or entity. An enclave can be an independent territory or part of a larger one. Enclaves may also exist within territorial waters. ''Enclave'' is s ...
of Timor-Leste in Indonesian
West Timor West Timor () is an area covering the western part of the island of Timor, except for the district of Oecussi-Ambeno (an East Timorese exclave). Administratively, West Timor is part of East Nusa Tenggara Province, Indonesia. The capital as well ...
(part of
East Nusa Tenggara East Nusa Tenggara (; ) is the southernmost province of Indonesia. It comprises the eastern portion of the Lesser Sunda Islands, facing the Indian Ocean in the south and the Flores Sea in the north, with a total land area of 47,238.07 km2. It cons ...
province A province is an administrative division within a country or sovereign state, state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire, Roman Empire's territorial possessions ou ...
). The border starts in the west at the coast of the
Savu Sea The Savu Sea (or the Sawu Sea) (, , ) is a small sea within Indonesia named for the island of Savu (Sawu) on its southern boundary. It is bounded by Savu and Raijua to the south, the islands of Rote and Timor (split between East Timor and ...
, 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.


Eastern section

The border between Indonesia and the main part of Timor-Leste 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 Timor Sea (, , or ) is a relatively shallow sea in the Indian Ocean bounded to the north by the island of Timor with Timor-Leste to the north, Indonesia to the northwest, Arafura Sea to the east, and to the south by Australia. The Sunda Tr ...
.


History


Colonization

The division of the island of Timor dates to the colonial period. During the 15th–16th centuries both the
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
and
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
began taking an interest in the
Spice Islands In the culinary arts, a spice is any seed, fruit, root, bark, or other plant substance in a form primarily used for flavoring or coloring food. Spices are distinguished from herbs, which are the leaves, flowers, or stems of plants used for ...
of modern Indonesia. The Portuguese first landed on Timor in 1512 and established their first settlement in
Lifau Lifau is a village and suco in the East Timor exclave of Oecusse District. The village is located west of the mouth of the Tono River. 1,938 people live in the suco. History Lifau was the first European settlement on the island of Timor. ...
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 The Dutch East Indies, also known as the Netherlands East Indies (; ), was a Dutch Empire, Dutch colony with territory mostly comprising the modern state of Indonesia, which Proclamation of Indonesian Independence, declared independence on 17 Au ...
colony. In 1642, the Portuguese conquered the island's spiritual centre at Wehale, after which most Timorese rulers (
Liurai Liurai is a ruler's title on Timor. The word is Tetum language, Tetun and literally means "surpassing the earth". It was originally associated with Wehali, a ritually central kingdom situated at the south coast of central Timor (now included in I ...
) recognised Portugal's dominance. Thus,
Portugal Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it share ...
started to occupy the eastern half of Timor and declared the creation of
Portuguese Timor Portuguese Timor () was a Portuguese colony on the territory of present-day East Timor from 1702 until 1975. During most of this period, Portugal shared the island of Timor with the Dutch East Indies. The first Europeans to arrive in the regio ...
. In 1656, the Dutch conquered the Portuguese base at
Kupang Kupang (, ), formerly known as Koepang, is the capital of the Indonesian province of East Nusa Tenggara. At the 2020 Indonesian census, 2020 Census, it had a population of 442,758;Badan Pusat Statistik, Jakarta, 2021. the official estimate as o ...
. In 1749, an attempted reconquest by the Portuguese failed at the
Battle of Penfui The Battle of Penfui took place on 9 November 1749 in the hillside of Penfui, near modern Kupang. A large Topass army was defeated by a numerically inferior Dutch East India Company force following the withdrawal of the former's Timorese allies f ...
, 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 A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
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.


Negotiations between the colonial powers in the 19th century

In 1851, the Portuguese governor
José Joaquim Lopes de Lima José is a predominantly Spanish and Portuguese form of the given name Joseph. While spelled alike, this name is pronounced very differently in each of the two languages: Spanish ; Portuguese (or ). In French, the name ''José'', pronounced , ...
reached an agreement with the Dutch on the division of the colonies in the
Lesser Sunda Islands The Lesser Sunda Islands (, , ), now known as Nusa Tenggara Islands (, or "Southeast Islands"), are an archipelago in the Indonesian archipelago. Most of the Lesser Sunda Islands are located within the Wallacea region, except for the Bali pro ...
. 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 A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
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. 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 Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...
and
Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...
wanted to establish a coal station in
Portuguese Timor Portuguese Timor () was a Portuguese colony on the territory of present-day East Timor from 1702 until 1975. During most of this period, Portugal shared the island of Timor with the Dutch East Indies. The first Europeans to arrive in the regio ...
, respectively that the colony would be exchanged for the recognition of Portuguese claims in Africa with Germany,
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
or
England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...
. 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.Schapper: ''Finding Bunaq.'' S. 171. In Lakmaras itself, skirmishes between the two colonial forces resulted in casualties. Between 23 June and 3 July 1902, there was another conference in
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
. 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.Gunn, S. 77. 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.Schapper: ''Finding Bunaq.'' S. 174. 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 In geography, hydrography, and fluvial geomorphology, a thalweg or talweg () is the line or curve of lowest elevation within a valley or watercourse. Normally only the horizontal position of the curve is considered (as viewed on a map); the c ...
path of the Oè Sunan, continuing through
Nipani Nippani (ನಿಪ್ಪಾಣಿ) is the third largest city, taluka in the Belagavi district in the state of Karnataka, India. It is an important agricultural and commercial trade and education centre in the district. Nippani and its surround ...
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.Gunn, S. 77. 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.Gunn, S. 92.


Problems with surveying

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 The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
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 The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
in 1913.


Court of Arbitration in The Hague


The Portuguese point of view

The Portuguese government made the following points: # The tributary to the Noèl Bilomi called Oè Sunan, which was at the point where the work was stopped in 1899, or which is indicated in the contract and map of 1904, does not exist. # Instead, further east there is a river called Oè Sunan, which is not a tributary of the Noèl Bilomi, but has its source near its north loop at Mount Kinapua. The mountain and the Oè Sunan are considered by many local rulers to be the border point between the Portuguese Ambeno and the Dutch territories of Tumbaba and Amakono. A stream flows from Kinapua towards Noèl Bilomi, so the peak can serve as a link between the two watercourses. # according to the indigenous rulers, the Ambeno border runs east along the Oè Sunan and north along the Ni Fullan river. To the west of the Kelali and Netton mountains lies Oecussi, which indisputably belongs to Portugal. A map by a private citizen published in Batavia even refers to the entire area claimed by the Netherlands as Ambeno. # The treaty of 1859 is based on the principle that the native kingdoms should not be divided. Ambeno, however, will be divided with the Dutch proposed border demarcation and the inhabitants will be deprived of their pastures and fields which would then be in Dutch territory. # there is no evidence that the boundary to be demarcated should necessarily start at the point where the demarcation work was suspended in 1899 due to hostilities between the natives and where the maps show the confluence of the Bilomi and Oè Sunan rivers, but which is not at that location. There are two streams at this place, the Kamboun and the Nono-Offi. Why follow the course of the Kamboun to the north instead of the Nono-Offi, which comes from the northeast and joins the Bilomi at this point? # In the view of the Portuguese government, it was only desirable to give the Boundary Commissioners a sketch, using the 1899 and 1904 maps, for the purpose of fixing ideas, and as a vague and simple indication of what was to be settled later. # The real intention of the signatories to the 1904 Treaty was to follow the course of the Oè Sunan where it actually lies, that is, much further east. In terms of the treaty, therefore, nothing prevents the Bilomi from rising to the point closest to the source of the true Oè Sunan, a source so close to the course of the Bilomi that it is almost a tributary. # the line proposed by the Netherlands to "cross as far as possible Nipani and Kelali (Keli)" according to the 1904 treaty does not cross Nipani but only touches the Fatu Nipani, i.e. the western end of the Nipani. Therefore, it does not correspond to the 1904 plan. # the line proposed by the Netherlands is not a natural boundary, while the line proposed by Portugal follows watercourses for almost its entire length.


The Dutch point of view

The main arguments of the government of the Netherlands can be summarized as follows: # The 1859 Treaty does not mandate that native territories should not be partitioned or parceled out. On the contrary, it assigned to Portugal the state of Ambeno "wherever the Portuguese flag is set there", but does not thereby prohibit the partition of an indigenous state, but calls for the partition of the state of Ambeno precisely by saying: "The Netherlands cede to Portugal ... that part of the state of Ambenu or Ambeno which for several years has flown the Portuguese flag." # There is no uncertainty as to the place where the border commissioners ceased in 1899. This point served as the basis for the 1902 negotiations and was marked on the map (Annex III) signed by the negotiating parties at that time to be attached to the draft treaty. This 1902 draft became the 1904 Treaty. From this point, and from no other point, begins the line AC, which was recognised in 1902 as a duly constituted boundary (Map Annex I). This line AC extends northwards from this point to the source of the river Noèl Meto, and the boundary was then to follow this watercourse to its mouth in the sea to the north. # The location of the source of the Noèl Meto was recognised differently in 1909: A marker was placed there by mutual agreement. The discussion concerned only the elevation between this source and point A, which was at the place where the commissioners stopped in 1899. # On the official map of 1899 (Appendix IV), as on the official map of 1904 (Appendix III), a tributary to which the name Oè Sunan was given by a mistake which the Netherlands do not dispute, is shown as coming from the north to the point in question. This tributary, which in reality bears the name of Kabun among the Tumbabas and that of Lèos among the Ambenos, is entirely in accordance with the intention of the contracting parties, which was that a tributary coming from the north should take the direction of AC from point A. The mistake in the name has less significance, since the watercourses in this region very often have several names or change their names or bear the name of the country they cross: the region east of the Kabun or Lèos (the Oè Sunan of 1904) has the name Hue Son, according to the Portuguese government, a similar sound, and the name Sunan according to the Dutch commissioners, which could explain the mistake of the commissioners. # The native rulers of Amakono (Dutch) declared (Joint Commission meeting of 21 February 1899) that their land comprised the entire region lying between Oè Sunan, Nipani, Kelali-Keli and Noèl Meto (to the west), the Sea of Timor (to the north), the Noèl Boll Bass, the Humusu and Kin Napua mountains (to the east), Tasona, the Noèl Boho and the Noèl Bilomi (to the south). The western boundary described in 1899 between the Dutch Amakono and the Portuguese Ambeno is that established by the 1904 Treaty. The Oè Sunan that appears there can only be the watercourse that was mistakenly entered in the official maps of 1899 and 1904 by mutual agreement, i.e. a watercourse to the west of the disputed territory and not the alleged Oè Sunan to which Portugal now refers and which lies on the eastern border of the disputed territory. The 1904 Treaty assigned this disputed territory to the Netherlands. The border is therefore supposed to be on the watercourse to the west, whatever it is called. # The proof that Portugal in 1899 and 1904 could not have taken into account the eastern stream, to which it now gives the name of Oè Sunan, is the fact that its Commissioners in the meeting of 21. February 1899 proposed as a boundary a line beginning at the point where the stream now called Oè Sunan joins the Bilomi, and then following the Noèl Bilomi eastwards to Nunkalaï (then crossing Tasona and going north from Kin Napua to Humusu and to the source of the Noèl Boll Bass, the course of which would have served as the boundary to its mouth at sea). This Portuguese proposal of 1899 would be incomprehensible if it were a different river from the one that appears on the official maps of 1899 and 1904 under the name Oè Sunan. How could it be a different Oè Sunan river that lies to the east of Nunkalaï, since the Nunkalaï in fact lies to the west and not to the east of this new Oè Sunan discovered by the Portuguese? # Two recent investigations launched by the Dutch authorities on Timor also confirmed that no river named Oè Sunan rises on Mount Kinapua. The stream, which rises on the northern slope at some distance from the summit, is named Poeamesse and Noilpolan and flows into the Noèl Manama, the Ni Fullan of the Portuguese maps, at Fatoe Metassa (the Fatu Mutassa of the Portuguese). # Although the line proposed by the Netherlands does not cross the territory of Nipani, the 1904 Treaty does not require this. It provides that the line connecting the source of the Oè Sunan and the source of the Noèl Meto should cross "Nipani as far as possible". Since the area to be delimited was unexplored, the words "as far as possible" were justified. In fact, the line proposed by the Netherlands, if it crosses the Nipani area at all, crosses the western extremity called Fatu Nipani. Now, according to statements recorded in the process of demarcation on 21 February 1899, the natives designated the Oè Sunan, Nipani, Kelali and the Noèl Meto as the eastern boundary of Oe-Cusse Ambeno (Portuguese) and the western boundary of Amakono (Dutch). They thought of the rocky Fatu Nipani, as the western end of Nipani. # The border proposed by the Dutch is a natural border formed by a mountain range that completely separates the watercourses. In the years from 1902 to 1904, it was never prescribed or recommended to follow watercourses alone for demarcation. And on the northern boundary of Oe-Cusse Ambeno, especially where the boundary line runs from the catchment of one river to the other, arrangements were made at many places. # It will also be sufficient to mark the boundary on the ridge line proposed by the Netherlands for a few metres. # The survey that Portugal is submitting itself calls for surveys in the region around Mount Kinapua, between the Bilomi and the alleged new Oè Sunan and elsewhere in the region, between the source of the Noèl Meto and the stream to which the Portuguese have given the name Ni-Fullan, that is, at both ends of the Portuguese surveys. # The boundary line that Portugal proposes today repeats its claims of 1899 and 1902 in this region. It is now undisputed that by adopting the A C line at the 1902 Conference and incorporating it into the 1904 Treaty, Portugal ceded the territory to which it had previously laid claim. Accordingly, it cannot renew its claim to the same territory today.


The Arbitration

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. File:PCA_Timor_Annexe_A.jpg, Annex A. For simplicity and clarity, some maps have been combined. File:PCA_Timor_Annexe_B.jpg, Annex B. Combines the maps of 1899 and 1904, in which the A and C lines coincided. File:PCA_Timor_Annexe_C.jpg, Annex C


Decolonization

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 The Carnation Revolution (), code-named Operation Historic Turn (), also known as the 25 April (), was a military coup by military officers that overthrew the Estado Novo government on 25 April 1974 in Portugal. The coup produced major socia ...
of 1974, which removed the dictatorship of
Marcello Caetano Marcello is a common masculine Italian given name. It is a variant of Marcellus. The Spanish and Portuguese version of the name is Marcelo, differing in having only one "l", while the Greek form is Markellos. Etymology The name originally mea ...
, that Portugal began to decolonise its possessions. In East Timor, a
civil war A civil war is a war between organized groups within the same Sovereign state, state (or country). The aim of one side may be to take control of the country or a region, to achieve independence for a region, or to change government policies.J ...
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). 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 A referendum, plebiscite, or ballot measure is a Direct democracy, direct vote by the Constituency, electorate (rather than their Representative democracy, representatives) on a proposal, law, or political issue. A referendum may be either bin ...
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.


Current situation

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 Atambua is the regency seat of Belu Regency, East Nusa Tenggara, Indonesia. The town stretches 8.5 km from north to south and 5 km from east to west, and is in the north of the western half of Timor Island. The town is located at an alt ...
. 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. 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 Timor-Leste and Indonesia is 268.8 km long. 149.1 km of this is the border between the main territory of Timor-Leste 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 ''Uti possidetis'' is an expression that originated in Roman private law, where it was the name of a procedure about possession of land. Later, by a misleading analogy, it was transferred to international law, where it has had more than one mean ...
''".


Border agreements and disputes

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.


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 Belu Regency is a regency in East Nusa Tenggara province of Indonesia. Situated on the north side of Timor island, it originally stretched to the south coast, but in December 2012 its southern half was detached to form the new Malaka Regency. It ...
), 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 Citrana is a small town in the East Timor exclave of Oecusse Special Administrative Region. It is located in the far west of the exclave, close to the mouth of the Noel Besi River, which forms part of the East Timor-Indonesia border, border with ...
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. On 21 June 2013, the dispute over the area near Dilumil/Memo was settled. The claims to the island of Batek Island had allegedly been abandoned by Timor-Leste 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 Timor-Leste's chief negotiator
Xanana Gusmão José Alexandre "Xanana" Gusmão (; born 20 June 1946) is an East Timorese politician. He has served as the 6th prime minister of East Timor since 2023, previously serving in that position from 2007 to 2015. A former rebel, he also served as E ...
and
Wiranto Wiranto (born 4 April 1947) is an Indonesian politician and retired army general, who is serving as the chairman of the Presidential Advisory Council, since December 2019. Previously, he was the Commander of the Indonesian Armed Forces from Febr ...
, 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. 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 Batek Island were again part of the negotiations. Negotiations on maritime borders from Batugade to Atauro and from Atauro to Jaco were also ongoing.


Sunan-Oben and Dilumil-Memo

In 2013, Indonesia and Timor-Leste 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. However, after the Timor-Leste 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.


Naktuka controversy

Nakuta is located in Noel Besi-Citrana, between
Kupang Regency Kupang Regency is a regency in East Nusa Tenggara province of Indonesia. It occupies the far western end of Timor Island (apart from the area of Kupang city, which has been administratively separated from the Regency since 11 April 1996), together ...
and
Oecusse District Oecusse, also known as Oecusse-Ambeno (; ) and formerly just Ambeno, officially the Special Administrative Region Oecusse-Ambeno (), is an exclave, municipality (formerly a district) and the only Special Administrative Region (SAR) of East Tim ...
consisting of 1,069 hectares of land. In 2023, a joint technical team led by chief negotiators Roberto Soares (Timor-Leste) 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. Controversy occurred on 24 January 2024, when FONGTIL, the umbrella organisation of Timor-Leste'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 ICC International Court of Arbitration is an institution for the resolution of international commercial disputes. It operates under the auspices of the International Chamber of Commerce (ICC) and consists of more than 100 arbitrators from rough ...
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 East Nusa Tenggara (; ) is the southernmost province of Indonesia. It comprises the eastern portion of the Lesser Sunda Islands, facing the Indian Ocean in the south and the Flores Sea in the north, with a total land area of 47,238.07 km2. It cons ...
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 Timor-Leste again since 2023. Timor-Leste'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. The signing of the border treaty did not take place during Xanana Gusmão's visit to Jakarta following criticism. 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. In a statement published on
Facebook Facebook is a social media and social networking service owned by the American technology conglomerate Meta Platforms, Meta. Created in 2004 by Mark Zuckerberg with four other Harvard College students and roommates, Eduardo Saverin, Andre ...
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. 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 The National Research and Innovation Agency (BRIN, ) is a cabinet-level agency of the Indonesian government, formed in 2019. Originally a new agency attached to the Ministry of Research and Technology, which became the Ministry of Research and ...
(BRIN) of Indonesia. 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 An agriculture ministry (also called an agriculture department, agriculture board, agriculture council, or agriculture agency, or ministry of rural development) is a ministry charged with agriculture. The ministry is often headed by a minister f ...
who has been working in Naktuka since 1996 said that he had never seen Indonesians farming there. 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 Timor-Leste's favour. The Prime Minister stated that the border agreement should now be signed in September during the visit of Indonesian President
Joko Widodo Joko Widodo (; born 21 June 1961), often known mononymously as Jokowi, is an Indonesian politician, engineer, and businessman who served as the seventh president of Indonesia from 2014 to 2024. Previously a member of the Indonesian Democratic ...
to Timor-Leste. The inhabitants of Naktuka were invited to send representatives.


Border crossings

Border crossings from Timor-Leste'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 Oesilo is a small town (Suco Bobometo, Oesilo subdistrict) in the East Timor, Timor-Leste exclave of Oecusse. It is located in the southeast of the exclave, close to the border with Indonesia. References

* Wheeler, T. (2004) ''East Timor.' ...
administrative post), Sacato/ Wini and Passabe lead to West Timor. However, only Bobometo and Sacato are legal crossings. * Wini (IDN) – Sacato (sometimes spelled Sakato) (TLS) * Motamasin (IDN) – Salele (TLS) * Mota'ain (IDN) –
Batugade Batugade is a suco (village) located in Balibó Subdistrict, Bobonaro Municipality of East Timor. The administrative seat of the suco is the village of Batugade. Batugade is located on the main road between Dili and Kupang, the capital of Nusa ...
(TLS)


Gallery

File:KAARTEN SGD - Overeenkomst tussen Nederland en Portugal betreffende de wederzijdse grenzen op het eiland Timor.jpeg, Map of boundary changes made in 1904 File:PCA Timor Annexe II.jpg, 1902 boundary map File:PCA Timor Annexe A.jpg, 1914 arbitration map File:PCA Timor Annexe IV.jpg, 1914 arbitration map, showing conflicting Dutch and Portuguese claims in eastern Oecusse


See also

* Indonesia–Timor-Leste relations


References


Further reading

* {{DEFAULTSORT:Indonesia-Timor-Leste border
border Borders are generally defined as geography, geographical boundaries, imposed either by features such as oceans and terrain, or by polity, political entities such as governments, sovereign states, federated states, and other administrative divisio ...
Timor-Leste Timor-Leste, also known as East Timor, officially the Democratic Republic of Timor-Leste, is a country in Southeast Asia. It comprises the eastern half of the island of Timor, the coastal exclave of Oecusse in the island's northwest, and ...
International borders