The
island of Fatu Sinai (sometimes known as Batek) is
located approximately 5km off the coastline of Oecusse's
Nitibe subdistrict and the Amfoang Utara subdistrict
of Kupang Barat district in West Timor. It is approximately
the size of a football field raised on a plateau some
50 m above sea level. Since 1999 Timor Leste and Indonesia
have disputed ownership of the island.
Fatu
Sinai/Batek is in fact the "Fatu Lulik"
or traditional "adat" stone for the people
who live on the Nitibe coastline in addition to those
who live in sight of the island in Amfoang Utara,
West Timor. Fatu Sinai/Batek is mythologically believed
by the people of Oecusse Enclave to originate from
Oesilo subdistrict in Oecusse's interior, while the
people of Amfoang Utara originates from Nuaf Mutis
in the interior of West Timor. It is in fact a shared
asset between people of common ethnic background divided
by an international border. To both groups it is much
like what Jaco Island is to the people of Tutuala,
Los Palos.
The
Colonial Period
(Portuguese Timor
and Timur Timor, Indonesia)
Colonial treaties between Portugal and The Netherlands
in 1859, 1896, 1904 and 1914 determined the border
between the eastern and western parts of Timor Island,
including the Oecusse Enclave. In these primarily
land border treaties the only reference to the island
off Nitibe (Timor Leste / Portuguese Timor) and Amfoang
Utara (Indonesia / Dutch East Indies) is in the 1904
agreement in which the island is referred to as Pulau
Batek, and in the in the treaty map the border splits
the island in half between Timor Leste / Portuguese
Timor and Indonesia / Dutch East Indies.
Between
1914 and 1999 there were no disputes regarding Fatu
Sinai/Batek for a number of reasons not the least
of which is that it was not perceived to be of any
significance to parties in Jakarta or Dili; and, secondly,
it was part of Indonesia from 1975 to 1999.
Fatu
Sinai/Batek was a "forgotten island" by
the colonial powers.
Since
1999
Fatu Sinai/Batek island has only become an issue since
Timor Leste's liberation in 1999. In early drafts
of the 2001 Oecusse Enclave Constitutional Commission
report (based on a series of community consultations)
Fatu Sinai/Batek was defined as part of the Oecusse
Enclave and Timor Leste's national territory. However,
the Constitution of Timor Leste as promulgated in
March 2002 did not include Fatu Sinai/Batek in it
definition of national territory.
In
the second half of 2002 the Indonesian Government
apparently constructed a small lighthouse on Fatu
Sinai/Batek. On 14 December 2003 the TNI conducted
what it described as a military exercise "in
its territory" on Fatu Sinai/Batek when a warship,
helicopter and jet shelled and bombed the island for
several hoursseriously intimidating the people
in Citrana, Nitibe.
READ MORE...
Indonesian warship
blasts island [Herald Sun]>
East Timor concerned
over Indonesian exercises[Agence France Presse]>
Indonesia
Felxes Military Muscle [East Timor Action Network]>
Despite
the fact it was disputed territory the TNI did not
forewarn Timor Leste it would carry out this exercise.
The Government of Timor Leste and the United Nations
were particularly silent in reaction and did not speak
publicly on the matter until it was reported in the
Australian press several weeks later on 12 January
2004. On 5 February 2004 Col. Moesanip, the KOREM
commander in Kupang, was reported by Antara News Agency
as stating that the exercise was conducted to demonstrate
Indonesia's sovereignty over Fatu Sinai/Batek and
that if Timor Leste should choose to resist then Indonesia
would consider deploying soldiers to the island.
Is
Fatu Sinai tied to bi-lateral border demarcation?
Since 2001 UNTAET and latterly Timor Leste have been
engaged in terrestrial border demarcation negotiations
with Indonesia.
On
the 30 June 2004 Timor Leste's Foreign Minister Ramos-Horta
met with Indonesia's Foreign Minister Wirayuda in
Jakarta to sign a border demarcation agreement on
the 90% of the border that the two countries have
successfully agreed upon.
READ
MORE...
Indonesia's President to visit...[AP]>
For
a number of reasons this border agreement was not
signed until April 2005 when an agreement was signed
covering 96% of the land border. The remaining 4%
centres on two serious border disputes in the Oecusse
Enclave. The first being at Naktuka to the east of
Citrana Nitibe and the second being at Nuaf Bijae
Sunan in Passabe.
It
is important to note that Indonesia reneged on its
2000 Joint Border Committee agreement to use the 1914
Portuguese-Dutch Treaty establishing the border between
Indonesia and Timor Leste as the agreed basis for
negotiations over border demarcation. Rather Indonesia
has either created, or reinvigorated local disputes
to generate two potentially serious border disputes
in Oecusseover Nuaf Bijae Sunan and Naktuka.
On
the 19 August 2004 the Jakarta Post reported that,
according to Kupang KOREM commander Col. M. Moesanip,
Ramos-Horta had ceded sovereignty of the island to
Indonesia.
On
24 August 2004 the Indonesian Ambassador to the United
Nations told the Security Council that "...in
a comment to the press at the end of a meeting between
Foreign Ministers of Indonesia and Timor Leste on
15 August 2004, Minister Ramos Horta stated that Batek
Island was under the sovereignty of Indonesia...."
There
has as yet been no official comment on the matter
by the Government of Timor Leste -- either refuting
the Indonesian claim that Ramos-Horta ceded the island
to Indonesia or claiming it is the territory of Timor
Leste. Although some members of Parliament have asked
for Government clarification on the matter.
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