United Nations

S/2005/310

End of mandate report of the Secretary-General on the UNMISET

(for the period from 17 February to 11 May 2005)

I. Introduction

1. The present report is submitted pursuant to Security Council resolution 1573 (2004) of 16 November 2004, in which the Council decided to extend the mandate of the United Nations Mission of Support in East Timor (UNMISET) for a final period of six months, until 20 May 2005. The present report reviews the activities of UNMISET since my last report (S/2005/99), dated 18 February 2005. During this period, the Security Council received an oral briefing on 28 February 2005 (see S/PV.5132). In addition, pursuant to Council resolution 1599 (2005) of 28 April 2005, this report describes preparations for the implementation of the mandate of the United Nations Office in Timor-Leste (UNOTIL), whose establishment was authorized by the Security Council for a one-year period, until 20 May 2006.

II. Recent political and security developments in Timor-Leste

2. During the reporting period, local elections were successfully held in the eastern districts of Baucau, Lautem and Manatuto in two phases, on 17 and 23 March respectively. The technical and logistical difficulties encountered in the first phase of the elections, including errors in the voter roll, invalid voter registration cards and inadequate transportation to the polling stations, were mostly overcome in the second phase. Although the elections were conducted in a peaceful and orderly manner, there were a few reports of intimidation of voters, mainly in Baucau and Lautem. While the ruling Fretilin party dominated the elections in Baucau district, independent and opposition candidates won a significant number of seats in Lautem and Manatuto districts. Preparations continued for the next round of local elections, to be held in the districts of Cova Lima, Ermera and Viqueque on 12 and 18 May, respectively.

3. Advances were made towards the further strengthening of the Timorese legal framework. President Xanana Gusmao promulgated the law on the Superior Council for Defense and Security on 17 February 2005. On 7
March 2005, he referred the draft Law on Freedom of Association and Demonstration, which had been approved by the National Parliament on 7 December 2004, to the Court of Appeal, for anticipatory review of its
constitutionality. Progress was also made towards the adoption of the penal and criminal procedure codes, through the approval by the Council of Ministers of draft referral laws on 30 March, with the substantive laws to
follow. The National Parliament's endorsement on 29 March of Sebastiao Dias Ximenes as the first Provedor (Ombudsman) for Human Rights and Justice of Timor-Leste should pave the way for this important Office to begin its work. This will also require provision of bilateral support, as highlighted at a meeting of development partners held on 21 April.

4. In February, Bishop Alberto Ricardo da Silva of Dili and Bishop Basilio do Nascimento of Baucau issued a joint pastoral note criticizing the proposal of the Council of Ministers to designate religious education as an optional subject in some primary schools across Timor-Leste. The issue provoked intense debate and, on 19 April, several hundred people gathered outside the Government building in Dili to voice their dissatisfaction with the Government's position on religious education. The demonstration lasted 20 days, with numbers oscillating
between a few hundred and several thousands, but remained largely peaceful. Following several days of negotiations between the two sides, with President Gusmao acting as mediator, a joint declaration was signed by the Bishops and the Prime Minister on 7 May 2005, which recognized that teaching of religion must be included as a regular discipline in the curriculum, attendance being subject to a decision at the time of enrolment
in accordance with the freely expressed parental wishes. The declaration also called for the establishment of a joint working group to address matters of concern. Subsequently, the demonstrators dispersed peacefully.

5. During the reporting period, relations between Timor-Leste and Indonesia were further reinforced by the visit of the President of Indonesia, Susilo Bambang Yudhoyono, to Timor-Leste on 8 and 9 April. In an address to the Timorese Parliament, President Yudhoyono stressed Indonesia's commitment to resolve the outstanding issues between the two countries, including the status of East Timorese refugees residing in western Timor, security in border areas, and the common land and maritime boundaries. President Yudhoyono also indicated that his Government intended to establish a land connection route between Oecussi and mainland Timor-Leste, to continue the scholarship programme for Timorese students studying in Indonesia, and to provide training for 100 Timorese police officers in Indonesia. In a highly symbolic gesture of reconciliation, President Yudhoyono ended his visit by laying a wreath at the Santa Cruz cemetery.

6. During this visit, the Foreign Ministers of Timor-Leste and Indonesia signed the Provisional Agreement on the Borderline, as finalized by the Technical Subcommittee on Border Demarcation and Regulation at its
meeting in Bogor, Indonesia, on 28 and 29 March. The Agreement, which came into effect on 8 May, establishes a provisional borderline covering approximately 96 per cent of the entire land border. The Technical
Subcommittee is due to meet again shortly, to discuss the surveys to be carried out on the remaining 4 per cent of the border, most of which is located along the Oecussi enclave border, as well as additional ground
surveys to further refine the agreed provisional line. The placement of border markers along the agreed sections is expected to commence in June 2005.

7. An agreement on the establishment of' the Truth and Friendship Commission was signed by Presidents Gusmao and Yudhoyono and Prime Minister Alkatiri in Jakarta on 9 March. The Commission is expected
to commence its work shortly, once Indonesia and Timor-Leste have appointed their respective members.

8. On 17 February 2005, I announced the appointment of Justice Prafullachandra Bhagwati of India, Professor Yozo Yokota of Japan and Ms. Shaista Shameem of Fiji to an independent Commission of Experts to review
the prosecution of serious human rights violations committed in Timor-Leste in 1999. As previously reported (5/2005/99, para. 8, and S/2005/96), the Commission's task is to conduct a thorough assessment of the progress made in the processes involving the Ad Hoc Human Rights Tribunal in Jakarta, and the serious crimes process, involving the Serious Crimes Unit and the Special Panels for serious crimes in Dili, and to make appropriate recommendations to me. The Commission of Experts will also consider ways in which its analysis could be of assistance to the Truth and Friendship Commission. To this end, the Commission of Experts visited Timor-Leste from 5 to 10 April and met with Timorese leaders, the serious crimes prosecutors, the President of the Court of Appeal, the Defence Lawyers Unit, judges of the Special Panels and members of the Commission for Reception, Truth and Reconciliation. Meetings were also conducted with victims and their families, representatives of civil society and United Nations staff. On 11 May 2005, the Permanent Representative of Indonesia to the United Nations Office at Geneva wrote to the Commission of Experts, to inform them that the Government of Indonesia had agreed to issue visas for them to visit Jakarta for three days, from 18 to 20 May 2005.

III. Contribution of the United Nations

A. Role of the Mission

9. Important progress has been made towards building the capacity of Timorese State institutions during the consolidation phase of UNMISET, which began in May 2004. Nonetheless, as I indicated in my last
report, international assistance will continue to be required beyond the expiration of the UNMISET mandate on 20 May 2005, to ensure that the underpinnings of a viable State are firmly in place.

10. I welcome the adoption of Security Council resolution 1599 (2005), in which the Council reaffirmed its continuing commitment to Timor-Leste, through the establishment of a one-year follow-on mission in the country. The mission, to be known as the United Nations Office in Timor-Leste, will be headed by my Special Representative and comprise the following elements:

(a) A small office to support my Special Representative and coordinate the work of the mission with the United Nations system partners in Timor-Leste;

(b) Up to 45 civilian advisers to support the development of critical State institutions;

(c) Up to 40 police advisers to support further development of the police, and 20 additional police advisers and 15 military advisers to support the development of the Border Patrol Unit;

(d) Up to 10 human rights officers to provide training in observance of democratic governance and human rights.

11. While UNOTIL, as described in resolution 1599 (2005), will not benefit from all of the resources suggested in my report of 18 February, it will be in a position to assist in a number of key areas, as detailed below. At the same time, it will be necessary for the international community to seek alternative ways to meet a number of important requirements that will remain outstanding; these are also described below.

12. The drawdown of UNMISET has proceeded in accordance with the requirement to maintain the assets and capabilities required for the implementation of the mandated tasks of UNOTIL. Significant progress has
also been made in the planning for the disposal, sale and shipping of the remaining Mission assets.

Programme I

Support for the public administration and justice system of Timor-Leste and for justice in the area of serious crimes

1. Support for the public administration and justice system

13. During the reporting period, UNMISET civilian advisers continued to focus on the transfer of skills to Timorese civil servants, through training and mentoring. As a result, the capacity of Timorese State
institutions has been further strengthened, and local ownership of the processes required for the management of such institutions continued to make progress. As previously reported (S/2005/99, para. 17), in the finance
sector, the management of the Banking and Payments Authority is now almost entirely conducted by Timorese civil servants; however, it remains necessary for some international advisers to perform line functions in the
areas of treasury, accounts and payments, and similar assistance will continue to be provided under the UNOTIL mandate. In addition, capacity in the justice sector remains weak and it will take some time to develop. In
the meantime, the functioning of the justice system continues to depend on the support of international advisers, who provide training for national judicial actors and legal advice to the Government, as well as perform key
line functions.

14. The Security Council's decision to approve the continued deployment of 45 civilian advisers to the Timorese administration represents a vital contribution to the continued development of Timor-Leste. Consultations with the Government are ongoing on the optimal allocation of the approved civilian adviser posts to the various Timorese State institutions. However, it is expected that up to 19 advisers will be assigned to the justice sector. In the early stages of implementation of the mandate of UNOTIL, 12 of the 19 international advisers will serve as
four sets of judges, prosecutors and public defenders in the four district courts, to help reduce the backlog of cases, while most national judges, prosecutors and public defence lawyers receive the necessary training. It
is also envisaged that some advisers will assist the Office of the Prosecutor-General, including through the provision of training to national prosecutors, while others will focus on the capacity development of the
Public Defender's Office, under the Ministry of Justice.

15. Another priority area where the assistance of international advisers is deemed essential is legal drafting, to strengthen the legislative framework of the public administration. The UNOTIL civilian advisers will not only be directly involved in the drafting of laws but will also conduct formal training of national legal officers, to enable
them to introduce the required legislation in all State institutions, and ensure the sustainability of the legislative processes. Finally, it is envisaged that a few UNOTIL advisers will be involved in the provision of comprehensive finance training, in close cooperation with the World Bank, which is expected to assume full responsibility in this area, once the World Bank Financial Management Programme, now in the design process, becomes operational in 2006.

16. In my last report (S/2005/99, para. 67), I indicated that the recommendation for 45 civilian adviser posts would be reviewed should additional offers of bilateral or multilateral assistance be forthcoming. However, no firm commitments have been made to date that would warrant such a revision at this time, although the Development Partners meeting held in Dili on 25 and 26 April brought some helpful expressions of interest.

17. The Security Council in resolution 1599 (2005) also authorized the provision of up to 10 human rights officers, to provide training in observance of democratic governance and human rights, as recommended in my
previous report. The main focus of this element of UNOTIL will be on strengthening the capacity of national human rights institutions, through the provision of specialized training and technical advice. Particular
attention will be given to supporting the establishment of the Office of the Provedor for Human Rights and Justice. Support will also be provided to those involved in the legal system and to the follow-on mechanism to be
established once the Commission for Reception, Truth and Reconciliation completes its work early in July. In addition, targeted human rights training will be provided to judicial actors, law enforcement agencies and
civil society, in order to promote overall observance of democratic governance and human rights. UNOTIL will also undertake monitoring and review of progress in relation to such institutional strengthening.

2. Support for justice in the area of serious crimes

18. Pursuant to Security Council resolution 1543 (2004), the United Nations support for the serious crimes process in its current form is to cease on 20 May 2005. The Serious Crimes Unit has met with communities in
12 districts to inform them of the closure of the serious crimes process and of the progress achieved to date. Many participants, particularly families of the victims of the 1999 violence, have expressed concern that
the process was ending prematurely. Meanwhile, the Serious Crimes Unit, the Defence Lawyers Unit and the Special Panels for serious crimes are finalizing the laborious process of handing over all relevant documentation
related to the serious crimes process to the Timorese authorities. Crucial documents have been translated into the official languages and digitalized databases as well as handover notes are being provided.

19. In its resolution 1599 (2005), the Security Council underlined the need for the Secretariat, in agreement with Timor-Leste authorities, to preserve a complete copy of all the records compiled by the Serious Crimes
Unit. In this connection, the Commission of Experts wrote to me on 29 April, to request that the liquidation of the Serious Crimes Unit be suspended and that measures be considered to safeguard the institutional knowledge of the serious crimes process until the findings of the Commission have been submitted and the Security Council has had a chance to consider them. In response to that request, 10 staff of the Serious Crimes Unit, including an international judge, a prosecutor, a legal officer and administrative assistants, will be retained during the liquidation phase of UNMISET for this purpose. Meanwhile I trust that all concerned authorities will honour the assurances of confidentiality which were provided to numerous witnesses who cooperated with the Serious Crimes Unit, except insofar as the witnesses might agree to the disclosure of their identities or statements.

20. During the reporting period, the Special Panels for serious crimes operated three panels and conducted simultaneous trials in two courtrooms. Eight trials involving 11 defendants were thus completed, leaving no pending trials. In total, the Special Panels have tried 87 defendants; 84 of them were convicted of crimes against humanity and other charges, while three were acquitted of all charges. A total of six serious crimes cases were heard by the Court of Appeal. Six serious crimes cases, however, remain pending before the Court of Appeal, and are likely to remain so by 20 May 2005. Since mid-February, the Special Panels have issued 41 arrest warrants and denied 1 warrant request. In total, the Panels issued 270 arrest warrants and denied 4 warrant requests. It is anticipated that all 15 warrant requests that remain pending before the Special Panels will be ruled upon before 20 May 2005. All are believed to involve individuals residing outside of Timor-Leste.

21. The Commission on Reception, Truth and Reconciliation was to be dissolved by 7 July 2005. However, following consultations with the President and the Prime Minister, the Commission has recommended to the
National Parliament that a short-term technical secretariat be established for a further six months, to translate and disseminate its final report, and to wind up the affairs of the Commission. Donor funding is being sought
for this purpose.

Programme II
Support for the development of law enforcement in Timor-Leste

22. UNMISET civilian police advisers continued to train the national police through the staged implementation of a skills development plan. A series of workshops for senior managers were held, specialist training courses for the Police Reserve Unit commenced, and in-service training of the Rapid Intervention Unit continued in the areas of leadership, command and control, and the handling of riots. UNMISET civilian police advisers also continued to assist the Capacity-Building Unit, which has been drafting and reviewing the standard operating procedures of the national police. Under the Timor-Leste Police Development Programme, a project funded by Australia and the United Kingdom of Great Britain and Northern Ireland, 50 national police officers commenced a six-month "training of-trainers" course in February 2005, with special focus on logistics, finance and human resources management. With a view to increasing the accountability and professionalism of the police, during the
reporting period, professional ethics offices were opened in the districts. These offices will assist in the investigation of complaints of misconduct. During the reporting period, such complaints, including violations of human rights, have decreased; 43 cases of misconduct were reported from February to April 2005, compared to 78 cases from November 2004 to January 2005. To date, 127 cases of alleged police misconduct have been investigated and sent to the competent authorities for action. As a means of standardization of the reporting on human rights violations, UNMISET human rights officers are in the process of establishing a national human rights database. To address the logistic and infrastructure constraints confronting the national police, the UNMISET police advisers, in cooperation with the national police, have undertaken an equipment needs assessment, the results of which will be transmitted to the Government and other donor countries. In addition, the UNMISET police component has put in place a new database to improve the personnel management systems of the national police.

23. Notwithstanding the progress that has been made, further assistance will be essential to develop the professionalism and specialized skills of the Timorese police. In this context, the 40 UNOTIL police advisers will focus on strengthening the capacity of the specialized units, the leadership skills of the national police in both administrative and operational areas, and the management of the police headquarters. These police advisers will comprise individuals skilled in strategic planning, crime investigation, maritime policing, professional ethics and immigration and technical field training.

24. With regard to UNOTIL assistance to the development of the Border Patrol Unit, the mandate provides for 15 military officers and 20 additional advisers. The latter positions will be filled by police training advisers, who will focus on imparting policing skills to the Border Patrol Unit, particularly in relation to information gathering and analysis, counter-terrorism and investigation of border-related crimes. The concept of operations provides for the police and military advisers to be co-located in the three border areas (Bobonaro, Suai and Oecussi). For
command and control purposes, the police advisers will report to the Chief Police Adviser, while the military advisers (whose functions are described below) will report to the Chief Military Adviser. The Chief Police Adviser and the Chief Military Adviser will have separate reporting lines to my Special Representative.

25. Beyond the support provided by the UNOTIL military and police training advisers, the development of a national policing capability will require a sustained level of bilateral and multilateral assistance. Indonesia will conduct training courses for 100 national police officers in Indonesia in the areas of intelligence, investigation and traffic. In addition, Portugal has offered to provide 35 police trainers, while Japan has offered to provide training and material support in the areas of explosive ordnance disposal, traffic and community policing.

Programme III

Support fur the security and stability of Timor-Leste

26. The security situation in Timor-Leste remained generally calm and stable during the reporting period, although a few violent incidents occurred. Occasional problems continued to arise between the Timorese armed
forces and the national police, including an altercation near a nightclub in Dili which remains under investigation. The problem posed by the proliferation of weapons in Timor-Leste was highlighted by an assault on 12 March upon the manager of the Australia-New Zealand Bank and his wife outside their residence in Dili. Violence perpetrated by martial arts groups also increased during the reporting period. Serious incidents were
reported in Maliana on 2 March, and in Dili on 16 and 17 April, the latter requiring the intervention of the Timorese Police Rapid Intervention Unit. Illegal cross-border activities also increased. On 25 April, there were
reports of attempted cattle raids by a group that entered Timor-Leste near the village of Napan, in Oecussi, and which dispersed following the arrival of the Timorese Border Patrol Unit.

27. The relationship between the Indonesian Armed Forces and the Border Patrol Unit continued to develop with assistance from the Military Liaison Group. The Military Liaison Group also continued to support the efforts of
the Timorese armed forces in maintaining stability in the region, by assisting with situational awareness and providing a calming presence through frequent patrols in the border areas. As a capacity- and confidence-building measure, the Military Liaison Group supported the Border Patrol Unit in its interaction with its Indonesian counterparts, at the strategic and operational levels. On 15 March, a military liaison meeting was held for the first time in Dili, where a delegation from the Indonesian Armed Forces comprising the Commander of the Indonesian Border Security Task Force and six battalion commanders, as well as Timorese police officials and representatives of the UNMISET military component, discussed border management issues. In addition, the military component continued to carry out disposal of unexploded ordnances and critical
repairs to roads to enable access in the border districts, as well the provision of medical support, including evacuations and treatment.

28. On 21 April, however, the Border Patrol Unit exchanged gunfire with Indonesian military personnel, who were reportedly pursuing a group of smugglers at the Tactical Coordination Line. During the exchange of fire,
one Indonesian soldier received a gunshot injury to the leg. While some of the smugglers were apprehended, the Timorese police and the Indonesian Armed Forces are conducting separate investigations to ascertain the full
circumstances of the shooting. UNMISET military liaison officers have facilitated two meetings between the Border Patrol Unit and the Indonesian Armed Forces to exchange information and continue to assist both sides to conduct an impartial investigation. However, the Indonesian Armed Forces cancelled a third meeting with the Border Patrol Unit and indicated that it would not participate in further talks with the Unit until the Timorese
police were prepared to share the results of their investigation. The incident highlights the need for an effective mechanism for the management of the border between Timor-Leste and Indonesia, to replace the military
liaison arrangement between the Indonesian Armed Forces and the UNMISET military component, which will expire on 30 June 2005.

29. In the implementation of the mandate of UNOTIL, 15 military advisers will undertake the following activities in support of the development of the Border Patrol Unit's capacity:

(a) Assist Timor-Leste in coordinating contacts with the Indonesian military;

(b) Assist UNOTIL police advisers (20) with institutional capacity-building, through training, mentoring and regular evaluation, to bring about organizational and attitudinal change within the Border Patrol Unit. This will specifically relate to the establishment of procedures and transfer of knowledge to enable the Unit to assume full responsibility for border management and interact independently with the Indonesian military at the appropriate levels, by May 2006.

30. The activities of the military advisers and the 20 additional UNOTIL police advisers, who will assume the primary role for the training and mentoring of the Border Patrol Unit, will be closely coordinated.

31. The Security Council in resolution 1599 (2005) did not authorize the deployment of the 144-strong backup security force, as had been recommended in my previous report. It should be noted that the withdrawal of the last
United Nations formed troops from Timor-Leste may have a negative impact on the overall security situation in the country. It also has potential implications for the security of United Nations personnel. The removal of UNMISET troops will eliminate a significant deterrent to criminal activities, especially in border areas, while the withdrawal of the military engineering unit leaves no immediate means to maintain the land routes from Dili to the border, which are expected to deteriorate and become impassable without such intervention, especially during the rainy season. The departure of the military component's medical unit will also be acutely felt. Some form of
international assistance will remain indispensable to meet those needs.

32. In the absence of military air assets, UNOTIL will rely upon civilian air capability to provide it with the necessary operational mobility and allow for the medical evacuation of staff as needed. Consultations will be undertaken with the Government of Timor-Leste and neighbouring countries with a view to securing contingency arrangements for the safety of United Nations personnel. In a letter to me dated 20 January 2005 (see S/2005/103), the Prime Minister, Mari Alkatiri, indicated that, at the current stage of its development, Timor-Leste could not be expected to guarantee the security of international civilian or military personnel.

B. Role of the United Nations system

33. The United Nations system continued to make a key contribution to Timor-Leste during the reporting period, complementing the support provided through UNMISET, and will continue to play a crucial role alongside UNOTIL.

34. During the period, the United Nations system in Timor-Leste renewed its commitment to assist the Government of Timor-Leste in achieving its goals as articulated in its National Development Plan, as well as the
Millennium Development Goals. The Government, in conjunction with the United Nations country team, conducted a one-day seminar to jointly launch the United Nations Millennium Project report, in which the Prime Minister reiterated the Government's strong commitment to the Millennium Development Goals and that appropriate partnerships are necessary for the achievement of the Goals in Timor-Leste.

35. The World Bank will continue to coordinate a consolidation support programme, a budget support programme which is expected to contribute some $10 million to $15 million to the national budget of
Timor-Leste. That budget support will be conducted in conjunction with a multi-donor grant-funded programme to strengthen the capacity of staff in the Ministry of Planning and Finance, line ministries and districts, particularly in the areas of planning and financial management. The United Nations Development Programme (UNDP) is also initiating a participatory rural energy development programme, to identify and develop potential alternative energy resources in rural communities.

36. The inter-agency programme, the Skills Training for Gainful Employment Programme, continued to assist the Secretariat of State for Labour and Solidarity in strengthening the capacity of rural and urban training providers and to empower communities through the provision of skills, microenterprise development and start up support. The UNDP Institutional Capacity Development Support Programme continued to provide support to State institutions through the deployment of 118 "critical" adviser positions. Eighty of these posts are currently
filled, including posts for the capacity development of the National Parliament and the training of judicial actors.

37. The World Food Programme (WFP) conducted a food security and vulnerability analysis, as an essential tool for the effective targeting of development and safety net programmes. It is finalizing, with the Government, a plan that would target vulnerable groups through the mother and child health service and school feeding in identified disadvantaged areas. WFP has, in consultation with the Government, formulated a contingency plan, identifying potential disaster scenarios, impact and response.

38. The United Nations Population Fund (UNFPA) is working with various Government Ministries to set up a National Adolescents Reproductive Health Programme. In addition, UNFPA, the United Nations Children's Fund
(UNICEF) and the World Health Organization are supporting the Ministry of Health in combating the recent dengue outbreak, which has caused a number of deaths across the country. UNICEF is also providing technical support for the reform of the national curriculum for primary education. It is also anticipated that UNICEF will assist the Government in the establishment of a National Commission for Children to monitor the Convention on the Rights of the Child and coordinate policies and programmes related to children.

39. The United Nations Development Fund for Women has been supporting the Office for the Promotion of Equality to meet its reporting obligations under the Convention on the Elimination of All Forms of Discrimination against Women. The Office of the United Nations High Commissioner for Refugees continued to support the Government as a State party to the 1951 Convention relating to the Status of Refugees, encouraging the development of national law and regulations and seeking to enhance the capacity of the Asylum Unit within the Immigration Department, and continues to provide direct assistance to asylum seekers and refugees.

IV. Financial aspects

40. As indicated in my last report to the Security Council (S/2005/99, sect. IV), the General Assembly, by its resolution 59/13 of 29 October 2004, appropriated for the financial period from 1 July 2004 to 30
June 2005 the amount of some $85.2 million for the maintenance of UNMISET and commencement of its administrative liquidation. I have since submitted to the General Assembly, for its consideration, a proposed budget of some $3.9 million for the completion of the administrative liquidation of the Mission during the period from 1 July to 31 October 2005.

41. As at 30 April 2005, unpaid assessed contributions to the special account for UNTAET/UNMISET amounted to $66.4 million. The total outstanding assessed contributions for all peacekeeping operations at that date amounted to $2,218.8 million.

42. The resource requirements for UNOTIL will be submitted to the General Assembly for its consideration in accordance with established procedure.

V. Observations

43. Over the three years which have elapsed since it gained independence in May 2002, Timor-Leste has made remarkable strides towards the threshold of self-sufficiency. UNMISET has provided crucial support to
this process, including during its consolidation phase, over the past 12 months. I would like to commend
the determination of the Timorese people and their leaders to consolidate a democratic and viable State. The recent constructive approach of all concerned, which resulted in the peaceful resolution of the demonstrations,
initiated by Church leaders, exemplifies the growing maturity of the State and people of Timor-Leste. The continuous strengthening of relations with neighbouring countries, particularly with Indonesia, is also an encouraging development for the security and viability of the State. The progress that has been made testifies above all to the resilience and determination of the people and leadership of Timor-Leste. At the same time, it is a source of pride and satisfaction for the United Nations to have made a key contribution to this historic process.

44. Notwithstanding all that has been achieved, more remains to be done, and further generous support will be indispensable if the remarkable gains achieved so far are to be sustained and built upon in the future. The
end of UNMISET represents a turning point for this young nation, and I am confident that the next steps towards democratic institution-building in Timor-Leste can be pursued through robust capacity-building activities. In
this context, I welcome the Security Council's decision to remain engaged by maintaining an operational presence on the ground through UNOTIL, until 20 May 2006.

45. The follow-on mission will focus upon transfer of skills and knowledge, to continue to build the capacity of the public institutions of Timor-Leste to enable them to deliver the necessary services, in accordance with international principles of democratic governance. The elements to be included within UNOTIL will enable the international community to offer vital assistance to the further development and strengthening of the rule
of law,, including justice, human rights, and support for the national police and other aspects of the public administration.

46. At the same time, further international assistance will be essential, beyond the support provided through UNOTIL. This will include assistance with security needs to promote the stability of the country and
to ensure the safety of United Nations personnel as noted above. In addition, the advisory support available through UNOTIL to strengthen administrative and police structures can meet only the most pressing needs
and must be supplemented with bilateral and multilateral assistance to ensure sustainable progress.

47. Ultimately, however, the primary responsibility for achieving maximum benefit and a better life for the people of Timor-Leste must rest with the Timorese leadership. Continuing efforts to foster the growth of a vibrant democratic society, with an independent and impartial judiciary, law enforcement agencies and civil service and freedom of the press, will be crucial to the future progress of Timor-Leste.

48. Finally, I would like to express my gratitude to my Special Representative, Sukehiro Hasegawa, and to all the men and women of UNMISET for their tireless dedication throughout the consolidation phase. I would
also like to place on record my appreciation to my Deputy Special Representative, Atul Khare, who has played a key role in ensuring the success of the mission.

End