Subject: HAK: The Report on The Registration Period
Date: Sat, 14 Aug 1999 10:09:20 -0400
From: evokata <evokata@cbn.net.id>Committee for a Free and Fair Ballot Yayasan
HAK Jl Gov Serpa Rosa T-095 Farol - Dili EAST TIMOR Tel (0390) 313-323 Fax (0390) 313-324
Committee Report No. 3 The Report On The Registration Period July 26 - August 8, 1999
The registration process has recently ended, on August 8th 1999, UNAMET recorded a
total of 446,256 people registered to vote, (433,576 from inside East Timor, and 12,680
from outside the territory). Although this process was conducted in an uncertain security
situation and without an adequate guarantee, people were enthusiastic in registering
themselves to vote in the consultation process on August 30th. Many parties, including
UNAMET and other state officials, who visited East Timor, considered the high number of
voters who registered as a sign that the situation in the territory has improved. However,
the Committee perceives otherwise; this high number does not necessarily mean that the
situation is better, and if there is no concrete and immediate action taken to handle the
existing problem, it is very likely that this 'improved' situation will worsen.
Based on solid evidence, there are several reasons why we consider the situation not
improved, as there were many occurrences of violence and violations against the potential
voters even after they registered. From our Investigations, for the last 12 days of the
registration process in East Timor, the Committee found a considerable number of
violations, from tearing the registration cards of the would-be voters to manipulating
information, as well as terror and intimidation. These cases did not often become public,
meaning that the mass media did not report these incidents and were perceived to be
'sporadic' and have no connection with each other. Yet, if we pay close attention, these
series of violations were part of a systematic attempt to influence the result of the
upcoming consultation process.
The Security Situation
The security situation remains the fundamental problem. Many calls and statements from
outside the country - as well as from high officials and community figures in Indonesia
itself - have demanded that the Indonesian government fulfill its commitment to maintain
security in East Timor. The government does not appear to have seriously responded to
those demands. The armed pro-integration militias, who are obviously the source of the
problem in a number of districts, are still walking around terrorizing and intimidating
the public. Evidence of human rights violations is plentiful, but there has not been any
serious action to address the problem of militia violence.
The Indonesian government stated that the disarmament of the pro-integration militia
was prevented as the pro-independence side, in this case the Falintil, did not want to lay
down their arms. The Committee believes that the laying down of arms became a reason not
to take action against the violations committed by the pro-integration militia. In the
month of July 1999, many parties including the UNAMET, Commission of Peace and Stability
(KPS) and P3TT Task Force arranged a peaceful meeting, and arrived at an agreement that
both sides (TNI and Falintil) will respect each other. On the contrary, the
pro-integration militia who has also repeatedly held peaceful agreements with the Falintil
continues to commit terror and intimidation toward the people, without punishment or any
sanctions from the Indonesian government.
It is clear from the above description that the security situation has not improved,
this is not due to the 'conflict between two parties', but due to the terror and
intimidation by the pro-integration militia that the Indonesian Police (Polri) and the
Indonesian Military (TNI) in East Timor allow to continue. The inability of the security
officials to handle this security situation was not due to technical problems. Since May
5th 1999, Polri has added 3,100 personnel of the Mobile Brigade (BRIMOB) who were part of
the Lorosae Contingent. This makes the total number of police in the area 7.000 personnel.
Police Chief Col. Timbul Silaen, upon several occasions admits that such a number of
personnel is enough to secure the popular consultation process. This does not include the
number of TNI personnel, which approximately reaches 10,000 personnel in all East Timor.
In this kind of situation, violations continued and several cases indicated that the
TNI and Polri intentionally allowed violations to occur, not taking any action to prevent
the situation. For instance, until today there has not been any investigation into the
Liquiça and Dili killings, which occurred last April, although officials from TNI and
Polri know about these cases and the perpetrators of the violence. On the contrary,
families of the victims now receive threats. On July 28 1999, the District Secretary of
Liquiça coerced nine wives of the civil servants who died in the Liquiça incident, to
make a statement in front of the governor that their husbands died due to illness. If they
refused to do so, the District Secretary would threaten that their husband's pensions
would not be processed.
Due to this impunity granted by the TNI and Polri officials to these militia groups,
human rights violations continue to occur. As it is shown in the attachment to this
report, in almost all districts within East Timor, the pro-integration militia committed
violence, terror and intimidation, while TNI and Polri personnel did not do anything to
prevent the occurrences. From various areas we also receive reports that members of TNI
and Polri were involved in terror and intimidation against the population. Occasionally,
these actions were conducted jointly with the pro-integration militia.
This kind of terror and intimidation obviously will influence the people's freedom to
vote in the popular consultation. Mass media repeatedly released statements upon the
leaders of the pro-integration militia who threatened that the situation in East Timor
will be similar to 1975, if the people reject the autonomy plan. During the attack against
student activists in Same on August 6, ABLAI (I Fight to Preserve the Message of
Integration) militia shouted that they would have a war of 1975. The TNI displayed their
force by flying low with Skyhawk A-4 and Bronco OV-10, mobilizing troops and piling up war
equipment in the East Nusa Tenggara area. This has unavoidably created anxiety among the
population that there will be war after the ballot. These actions will clearly affect the
people's freedom to choose during the popular consultation.
Aside from the uncertain security situation, there are several violations that will
become obstacles for a free and fair consultation.
Registration Obstacles
As previously mentioned, since Day One of the registration process, the pro-integration
militia often prevented people from registering. In Cassa village, Ainaro, where the
Mahidi (Dead or Alive for Integration with Indonesia) militia is based under the
leadership of Cancio Lopes de Carvalho, people were forbidden to go to the registration
site. The same thing happened at the sub-district of Same Kota until the end of July 1999.
ABLAI militia (Aku Berjuang Lestarikan Amanat Integrasi) were on guard at several corners
of the city and threatened people who were going to register. In Maubara, Liquiça, the
Besi Merah Putih (Red and White Iron Rod) militia prevented people from registering. In
other cases, they manipulated information for eligible voters by saying that people with
white hair do not hold the rights to register.
In several places the police were also involved in violations during the registration
process. In the Aileu district for example, on July 21st personnel from Resort Police of
Aileu visited people's houses to record the names of those who registered. One person who
did not want to show his card was attacked by the police, and his clothes and registration
card were torn apart. In Manatuto, members of Polri who were part of the Lorosae
Contingent entered the registration site carrying weapons. Several local people decided
not to register, as they were afraid of the fully armed police present at the site. One of
the policemen was identified as Daryono.
Attempts to prevent people from registering were also systematically done by local
government officials. In Aileu, the sub-district head of Remexio committed violations by
rejecting the people's demand to provide letters of recommendation. The official,
Cristiano Moura de Carvalho, even tore apart the affidavit belong to 16 youth, thus they
were unable to register. Similar incidents occurred in other sub-districts within Aileu
and appeared to be a systematic operation to prevent people from participating in the
popular consultation. Meanwhile, on July 16th, the sub-district Hato-Udo, Ainaro district
village head of Beikala, Jesito Neves, drove people from his area away and forced them to
follow his decision not to register with the UNAMET officials.
Victims of violations are not only civilians, but also members of the TNI who are from
East Timor. On July 29th 1999, during the morning roll call at Korem 164/WD, the commander
ordered all members of the TNI from East Timor to submit photo copies of their
registration cards and numbers of registration to the Korem Commander. The reason was the
office needed to know whether TNI personnel had registered or not. Those who refused to
submit their cards were threatened and received sanction. Other members of the TNI
complained to the Committee that such an action would affect their freedom to choose
during the consultation. This obviously is against the May 5th Agreement, which forbids
government officials to use their authority to affect the choice of their subordinates.
It is of our concern that the attempt to prevent people from registering will be
repeated during the consultation. Based upon several reports, terror and intimidation on
the people who were already registered and manipulation of information continue to occur.
In some districts, people complained about the long distance they have to go to register,
with no guarantee of their security along the way. It was only their strong will to
determine their fate, which finally emboldened them to go to the registration site.
Illegal Registration
While people who are eligible to vote are prevented from registering, at the border
with the East Nusa Tenggara information we received indicated that there is an attempt to
mobilize people who do not have the rights to vote, to register. First, the head of the
Bobonaro district, Guilherme dos Santos, instructed that people should only register with
ID, and if UNAMET rejected it, people do not have to register. In line with what P3TT
officials stated, and Basilio Dias Araujo, member of the FPDK, Mr. Dos Santos said that
the requirement for registration was too demanding for the people. This strange order only
made sense when, towards the end of registration period, thousands of people from the NTT
were transported to the western part of East Timor by trucks rented by the Balibo
sub-district office.
Village chiefs of Kewar and Fulur in the Belu district of NTT admitted to the Committee
that until August 6th 1999, there were 490 people registered for the ballot. Almost all
their IDs presented during the registration stated that they were born in Saburai, the
Maliana sub-district, Bobonaro, Atos, Mabelis, the Lolotoe sub-district. One civil servant
working for the local government office in Maliana, Arnold, and several militia
commanders, said that people who registered were born in East Timor but they moved to NTT
between 1959 and 1975. Although most claimed to be Catholic, none brought their certidão
da baptismo (certificate of baptism). Several monitoring observers doubted the validity of
the IDs because there was no identification number accompanying the signature of the
official authorizing the Ids, which is regulated in the Indonesian law.
The pro-integration militia tightly guarded places of registration at the border until
the end of the period. According to one member of the militia, they were intentionally
present at the registration site as the UNAMET refused to accept those who only registered
with the IDs. It is known that on August 6th, the registration site at Batugade was closed
down for one day because pro-integration militia threatened to attack the post. Terror and
intimidation until the last day of registration remained significant, and people quietly
expressed their anxiety to the observers. In Balibo, hundreds of people wearing
pro-integration attributes toured the city, but when observers tried to talk with them
they refused and said that they were afraid to be seen by the militia commanders.
Violations Towards Potential Voters
While the registration process appeared be conducted safely and smoothly, many
violations against those who were already registered occurred. One of the most obvious
incidents was the tearing of registration cards. On July 18th, five people from Urletoho,
the Poetete village, Ermera, who had just returned from the registration post, were
intercepted by the Darah Integrasi (Integration Blood) militia members. The militia tore
all their registration cards without any clear reason. Similar reports came from other
areas and generally it was the pro-integration militia.
During the registration period, in several places, people's houses were burned down,
along with important documents required for the ballot. On July 25th, a house owned by
Ricardo, at the Metabou village, Bazartete, Liquiça, was burned down by the BMP militia.
On the same day, the Naga Merah (Red Dragon) militia burned down 81 houses, including an
elderly person's, Mau Leto, 80 years old. This caused hundreds of people to lose their
documents.
Conclusion and Recommendation
Based upon the above problems, it can be concluded that the violations that occurred
during the registration period were not sporadic and separate from each other. On the
contrary, the violations showed that there was a systematic attempt to prevent a free and
fair consultation. The cases we dealt with indicated the involvement of the Indonesian
government officials, TNI and Polri members, as well as the pro-integration militia.
All these actions obviously violated the May 5th Agreement in New York, between
Indonesian and Portuguese governments, regarding the popular consultation. It is
unfortunate that the Indonesian government, as one of the signatories of the agreement,
does not take any action to prevent the violence occurring, or apply sanctions to the
officials who committed violence. On the contrary, in many cases the Indonesian government
appeared to lend support to the perpetrators of the violations. UNAMET, who witnessed
several of the incidents, and even became victims to violence, until now has not taken any
significant measures to overcome the previously mentioned problems. They should not
maintain their position by taking the best out of the worst situation; they need to take
firmer action.
In order to deal with the above problems, the Committee recommends the following
suggestions:
1. Polri, which was supposed to be responsible for the security during the preparation
and the ballot, should immediately arrest and bring to trial the pro-integration militia
who commit violence. Polri also has to immediately disarm the militia without using the
disarmament of the Falintil as a justification to delay the process. It was well known
that the numbers of security personnel in East Timor was more than enough to prevent the
Falintil from committing violence that it was not necessary to allow the pro-integration
militia to maintain their weapons. 2. The Secretary General of the UN should conduct a
thorough evaluation on the whole preparation process and execution of the ballot in East
Timor. If before the campaign period begins, the security situation does not improve,
there is no other choice for the Secretary General of the UN but to send peace keeping
forces as soon as possible and extend the mandate of the UNAMET. This action should be
taken as the Indonesian government has continuously violated the New York agreement since
it was signed on May 5th, 1999. 3. The Indonesian government should show its true
commitment to comply with the May 5th agreement by applying sanctions to the security
personnel who committed violations.
Aside from the above recommendations, there are several problems, which require
immediate response in order to ensure a free and fair ballot:
1. UNAMET should compile data about the people who already registered and lost their
cards. In order to prevent similar incidents reoccurring in the future, all perpetrators
of this kind of violations should be arrested and brought to trial. UNAMET also has to
guarantee that all people who lost their cards due to violence and other forms of
violations do not lose their rights during the upcoming ballot. 2. UNAMET should seriously
guarantee the security of the ballot box by adding the number of officials who can take
immediate action when violation occurs.
Dili, August 9th, 1999
Aniceto Guterres Lopes, SH Aderito de Jesus Soares, SH Director of Yayasan HAK
Spokesperson of the Committee
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