Saturday, April 6, 2024

Sovereignty is sacred: in Timor-Leste’s remote Oecusse Enclave, a border dispute threatens to open old wounds

The Ongoing Struggle: Timor-Leste and Indonesia's Border Dispute A long-standing border dispute between Timor-Leste and Indonesia is causing political strife and stirring memories of a 24-year old struggle. The hamlet of Naktuka, situated in the Oecusse Enclave, is facing the possibility of its land being transferred to Indonesia. This has led to an angry backlash in Timor-Leste, resulting in the postponement of the signing of the border agreement. The dispute stems from unresolved negotiations over the border between the two countries, which began when Timor-Leste gained independence in 2002.

Resolving the Naktuka Territory Dispute The dispute over the small territory of Naktuka, part of Timor-Leste, goes back at least 120 years due to the Dutch and Portuguese's different interpretations of its borders. After Portuguese Timor was invaded by Indonesia in 1975, Naktuka became part of Timor Timur, and voted for Timor-Leste's independence in 1999. Indonesia argues that Naktuka should not have been part of Portuguese Timor, so it shouldn't be part of Timor-Leste now. However, the local population wants their limbo status resolved, but a solution that ignores Timor-Leste's sovereignty and principles of consent and consultation on land is unlikely to work.

PIL DOCTRINE SOVEREIGNTY The principle of sovereignty, ie of supreme authority within a territory, is a pivotal principle of modern international law. Under international law today sovereignty can be defined as “the legal status of a state that is not subject within its territorial jurisdiction to government, foreign state or foreign law other than public international law”. A state furthermore, has jurisdiction over all individuals within its territory.

SOURCE: THE CONVERSATION

LINK: https://theconversation.com/sovereignty-is-sacred-in-timor-lestes-remote-oecusse-enclave-a-border-dispute-threatens-to-open-old-wounds-222384

REPORTER: MONIQUE SAARENAS

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