Senator BROWN (11:56 AM) —I think it would be fair for the minister to answer Senator Stott Despoja's simple question about the motivation for withdrawing from the ICJ and its ability to determine maritime boundaries as far as Australia is concerned. The failure to do so corroborates the obvious answer, which is yes, it was motivated by the forthcoming independence of Timor Leste and the recognition by the Australian government and the oil companies with it, including Woodside, that it would put under a cloud the determination in the Timor Gap Treaty, infamously agreed between Australia and Indonesia in 1989, that the boundaries would go against the interests of Timor Leste in favour of Australia. So it is an important amendment we bring forward here.

In response to Senator O'Brien's comments on why Labor would not support it, let me say that the parliament must always remain, and is constitutionally established as, the maker of the laws of this country and the ultimate determining authority. It is not the executive, it is not the Prime Minister and is not the Minister for Foreign Affairs; it is the parliament. When it comes to matters like the failure of the executive and the Minister for Foreign Affairs and the Prime Minister to do the just and honourable thing, which is to have this matter referred to the International Court of Justice, of course, it is not only the prerogative but I believe the responsibility of the Australian parliament to address that shortcoming. The argument that this might delay this project is not ethical.

We have submissions from a number of East Timorese groups and their supporters talking about the bullying of Australia and the unseemly haste in getting East Timor to sign the treaty on Independence Day. I was there and I recognised at the time the misgivings in East Timor about that. We cannot get away from that. Let me read from the submission to the Senate from the East Timor Independent Information Centre for the Timor Sea. This is signed by 13 groups in East Timor, specifically by Demetrio do Amaral, the Director of the Haburas Foundation, the national environment organisation, but also by representatives of the East Timor NGO Forum, the East Timor Centre for Small Business Administration, The East Timorese Institute for Reconstruction Monitoring and Analysis, the East Timorese Women's Communication Forum, the East Timor Study Group, the Pro-Democratic Students' Movement—

Senator McGauran —They got themselves well organised. I wonder who helped them.

Senator BROWN —The government might sling off in that patronising fashion with that interjection about the East Timorese organisations but, on their behalf, I resent that. It is also signed by the President of the East Timorese Union Confederation, the Policy Analysis Division of the Human Rights Foundation, the Director of the Labour Advocacy Institute for East Timor, the Administrative Coordinator of the National East Timorese Students' Resistance, the Timor Socialist Workers' Union and the Coordinator of the Kdalak Suli Mutu, Maria Angelina Sarmento. In summary it says:

Addressed to `Dear respected members of the Australian Parliament' it says well down in this very considered submission which has a trace of anguish built into it:

having committed itself to resolving the maritime boundary question following the principles of international law—

The groups involved go on to ask that we:

They go on to say:

There is a sense of appealing to our own sense of justice written through that. We then looked at a submission to the Senate from Ms Janet Hunt, who many will know is an Australian of extraordinary note who has had a long history in international affairs, social justice, the environment and Australia's ability to do the right thing when we are dealing with people overseas who are working at a disadvantage with a rich and powerful nation like ours. In her submission Ms Hunt says:

So it is important that we consider what is happening here. In response to the minister, I go back to the Australian Financial Review article from today headed `Timor explores new boundaries' by Rowan Callick, the Asia-Pacific editor. It finishes with a reference to the pressure building in the United States about this injustice. Other senators have referred to the appeal to the Australian government from 53 members of the US Congress marshalled by leading leftist Noam Chomsky. The article says:

The article goes on to say:

The article concludes:

That article, as I said, begins with the line, `East Timor is starting to walk away from what it sees as inadequate deals'. It goes on to say that East Timor is moving towards not ratifying the very matter we are ratifying through the vote coming up in the Senate today. That is because what we are being asked to ratify here is manifestly unjust. What we on the crossbenches are arguing is: bring the justice back into it, and give Australia the dignity that we are going to lose in the coming debate about this matter by doing so. It is as important for our country and our sense of justice as it is for the East Timorese struggling to build a strong democratic country, a near neighbour of ours, in the years ahead.

I have one further point to make on this. It is extremely important that the alternative government make it clear that the International Court of Justice will be brought back in as a dispute resolving mechanism if we can not get a decision between East Timor and Australia. I know Senator O'Brien made a submission a while ago, which was a good one. The Labor Party's policy, as amended, says that Labor recognises that the people of East Timor have the right to secure, internationally recognised borders with all neighbouring counties and that a future Labor government will negotiate in good faith with the government of East Timor in full accordance with international law and all its applications, including the United Nations Convention on the Law of the Sea. The Labor Party's policy says that, in government, Labor will do all things reasonably practicable to achieve a negotiated settlement within three to five years and that the conclusion of the maritime boundary should be based on the joint aspirations of both countries.

What is missing there is a clear indication that if the matter cannot be settled then the International Court of Justice will be given the arbitration power. I think it is very important that we hear that from the alternative government. It will make a difference to the people of East Timor, as well as to the many Australians who will increasingly see the injustice of the position that the current government has taken on this matter. (Quorum formed)

Question put: