| Subject: Mary Robinson on ET
[excerpt]
From http://www.unhchr.ch/huricane/huricane.nsf/view01/E26D0A6E2C1874EBC1256C310039C47F?opendocument
STATEMENT BY MARY ROBINSON, UNITED NATIONS HIGH COMMISSIONER FOR HUMAN
RIGHTS AT THE 55TH ANNUAL DPI/NGO CONFERENCE
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REBUILDING SOCIETIES EMERGING FROM CONFLICT: A SHARED RESPONSIBILITY
New York - 9 September 2002
Let me turn to the positive experiences of local justice in Sierra
Leone and East Timor where my Office has been involved with NGOs in
supporting the establishment and functioning of truth and reconciliation
commissions. Our efforts were particularly aimed at ensuring that those
truth commissions would be authentic responses to domestic needs, would be
established by law, comply with fundamental principles of human rights, be
independent, and be equipped financially, politically and technically to
discharge their mandates.
In both these countries, the commissions are complemented by the
efforts of courts to prosecute most serious violations. This balance
ensures that there is no impunity for war crimes, crimes against humanity
and genocide. It also respects the right of nations to learn the truth
about past events. Full and effective exercise of the right to the truth
is essential if recurrence of violations is to be avoided. In Sierra Leone
the Special Court has been established to try the most egregious crimes
and it will function in close co-operation with the Truth and
Reconciliation Commission. In East Timor the problem is more complex, and
quite worrying. The Serious Crimes Court in Dili is working well, but
there is widespread anger and frustration at the proceedings of the Ad Hoc
Human Rights Court in Jakarta.
Two weeks ago, while visiting East Timor, I was conscious that the
whole population is seething about the lack of justice for the worst
crimes in 1999, while the UN was preparing for the popular referendum that
led to the independence of East Timor. It is hard to have a healing
process in such circumstances, and yet I saw it happening. I had the
privilege of attending the first community reconciliation meeting of the
East Timor Reception Truth and Reconciliation Commission.
We travelled to a small village near Liquica outside Dili. Hundreds of
locals came, headed by their traditional leaders as well as a regional
representative of the Truth Commission. We gathered in a large open air
thatched hut. At its centre was an arrangement of coconuts and other
symbols to be used in the ceremony. After an introduction by the regional
commissioner, three perpetrators of minor crimes during the 1999 violence
came forward and confessed. They spoke frankly; freely admitting both
guilt and remorse. They were listened to respectfully - of course there
were a few heckles but these made even the perpetrators smile. When they
finished speaking, villager after villager stood up and addressed the
gathering. We listened to a woman whose house they had burned down.
Another who had been threatened by them. Remarkably, every speaker urged
that they be forgiven and, time and time again, the villagers insisted
that these culprits were themselves the victims of a nation-wide campaign
of indoctrination and hate.
We left the ceremony while the leaders were considering what symbolic
punishment should accompany the act of forgiveness, and so I can not tell
you how the ceremony concluded. But during the part of the event which I
witnessed, I could sense the relief within the community - it was facing
its past and coming to terms with the dark side. There was a palpable
feeling that life could now move on.
I tell this story not just to record a remarkable and, for me,
emotional, human moment - what is more important is that it is a concrete
contemporary story of forgiveness and reconciliation in practice. People
can do it. It need not take years. And all our efforts to promote
processes of truth and reconciliation are worth the effort.
But Truth and Reconciliation Commissions cannot work in a vacuum. The
entire legal and judicial system of countries emerging from conflict often
requires rehabilitation to ensure that human rights are protected by law,
to be applied by independent and impartial courts and enforced by a
professional police. The promotion of the rule of law is therefore a main
objective of many of OHCHR technical cooperation programmes.
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