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Australia's relations with Indonesia at stake over secret East Timor papers Australia's relations with Indonesia at stake over secret East Timor papers
(7 months later)
The fallout from Guardian Australia’s revelations about Australia’s attempts to spy on the Indonesia leadership The fallout from Guardian Australia’s revelations about Australia’s attempts to spy on the Indonesia leadership has cast a shadow over attempts by University of NSW academic Clinton Fernandes to secure the release of government documents relating to Indonesia’s treatment of East Timorese people between 1981 and 1982.
has cast a shadow over attempts by University of NSW academic Clinton Administrative Appeals Tribunal president Justice Kerr told a hearing in Canberra this week that one of the reasons for keeping the documents secret was their potential to affect the current exchange of intelligence with Indonesia.
Fernandes to secure the release of government documents relating to Justice Kerr told Fernandes that it had been argued “the material may affect foreign relationships between Australia and Indonesia against a background that all parties would accept as presently less settled than it has been in some recent time” – a reference to the diplomatic freeze between Canberra and Jakarta since the Guardian story was published.
Indonesia’s treatment of East Timorese people between 1981 and 1982. Fernandes, a former military analyst, was told the documents could "reveal information about Australia's intelligence sources, methods, operations and capabilities" according to Fairfax.
Administrative The documents relate to the “fence of legs” – a military operation conducted by Indonesian forces in East Timor resulting in the deaths of thousands of East Timorese civilians.
Appeals Tribunal president Justice Kerr told a hearing in Canberra this Dr Fernandes has argued that government documents from the period reveal a “pattern of concealment” about what was happening in East Timor, about which there had been “bipartisan consensus”.
week that one of the reasons for keeping the documents secret was their His representative argued before the tribunal this week that he “suspects” the documents will show “the Australian government had knowledge of these atrocities”.
potential to affect the current exchange of intelligence with Jim Hagan, deputy director-general of the Office of National Assessments, appearing for the National Archives, said foreign nations communicating with Australia must feel confident they can do so confidentially.
Indonesia. Referring to the release of intelligence information by Edward Snowden, Mr Hagan warned of “other parties” drawing conclusions “if confidentiality was breached in another relationship”.
Justice
Kerr told Fernandes that it had been argued “the material may affect
foreign relationships between Australia and Indonesia against a
background that all parties would accept as presently less settled than
it has been in some recent time” – a reference to the diplomatic freeze
between Canberra and Jakarta since the Guardian story was published.
Fernandes,
a former military analyst, was told the documents could "reveal
information about Australia's intelligence sources, methods, operations
and capabilities" according to Fairfax.
The documents relate to the “fence of legs” – a military operation
conducted by Indonesian forces in East Timor resulting in the deaths of
thousands of East Timorese civilians.
Dr Fernandes has argued that
government documents from the period reveal a “pattern of concealment”
about what was happening in East Timor, about which there had been
“bipartisan consensus”.
His
representative argued before the tribunal this week that he “suspects”
the documents will show “the Australian government had knowledge of
these atrocities”.
Jim
Hagan, deputy director-general of the Office of National Assessments,
appearing for the National Archives, said foreign nations communicating
with Australia must feel confident they can do so confidentially.
Referring
to the release of intelligence information by Edward Snowden, Mr Hagan
warned of “other parties” drawing conclusions “if confidentiality was
breached in another relationship”.
Following Hagan’s remarks, the tribunal heard from the National Archives in a closed session.Following Hagan’s remarks, the tribunal heard from the National Archives in a closed session.
The The certificates prevent Dr Fernandes from accessing information, including affidavits, about the reasons for the continued secrecy of the documents.
certificates prevent Dr Fernandes from accessing information, including A spokesperson for Brandis said making public the reasons for confidentiality of the documents would defy logic: “disclosure of the affidavits … would prejudice the security, defence or international relations of Australia.”
affidavits, about the reasons for the continued secrecy of the “The certificates do not prevent the AAT from reviewing the merits of archives’ decisions and the AAT will be able to undertake full merits review,” he said.
documents. A Senate Estimates hearing in May 2012 had previously heard the National Archives, on the basis of advice from the Department of Foreign Affairs, had determined not to release the documents because of their security-sensitive nature.
A
spokesperson for Brandis said making public the reasons for
confidentiality of the documents would defy logic: “disclosure of the
affidavits … would prejudice the security, defence or international
relations of Australia.”
“The certificates do not prevent the AAT from reviewing the merits of
archives’ decisions and the AAT will be able to undertake full merits
review,” he said.
A
Senate Estimates hearing in May 2012 had previously heard the National
Archives, on the basis of advice from the Department of Foreign Affairs,
had determined not to release the documents because of their
security-sensitive nature.