Key Chega!’s Recommendations & the U.S. and International Community

Justice Remains Distant for East Timorese (Spring 2007)


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Excerpts from recommendations of ` Chega! Final Report of the Commission for Reception, Truth and Reconciliation in East Timor (CAVR)

Key Chega!’s Recommendations & the U.S. and International Community (see here for complete recommendations)

1. Timor Leste and the International Community

1.1 This Report is given the widest possible distribution at all levels in the international community through the media, internet and other networks and particularly within the United Nations and those individual nations and institutions that are highlighted in the Report, viz. Australia, China, Britain, France, Indonesia, Japan, Portugal, Russia, U.S., the Catholic Church, as well as the East Timorese diaspora and international civil society organisations.

 
East Timorese demonstrate in Dili for justice.
Photo by Karen Orenstein/ETAN
.
 
 
1.5. The UN Secretary-General refers the Report to the Security Council, the General Assembly, the Special Committee on Decolonisation and the UN Commission on Human Rights, and requests that each of these bodies devotes a special session to discussion and reflection on the Report and the lessons to be learned from its contents and findings.

1.6 The states that had military cooperation programmes with the Indonesian Government during the Commission’s mandate period, whether or not this assistance was used directly in Timor-Leste, apologise to the people of Timor-Leste for failing to adequately uphold internationally agreed fundamental rights and freedoms in Timor-Leste during the Indonesian occupation.

1.7. The Permanent Members of the Security Council, particularly the US but also Britain and France, who gave military backing to the Indonesian Government between 1974 and 1999 and who are duty bound to uphold the highest principles of world order and peace and to protect the weak and vulnerable, assist the Government of Timor-Leste in the provision of reparations to victims of human rights violations suffered during the Indonesian occupation.

1.8 Business corporations which profited from the sale of weapons to Indonesia during the occupation of Timor-Leste and particularly those whose material was used in Timor-Leste contribute to the reparations programme for victims of human rights violations.

1.9 All UN member states refuse a visa to any Indonesian military officer who is named in this Report for either violations or command responsibility for troops accused of violations and take other measures such as freezing bank accounts until that individual’s innocence has been independently and credibly established.

1.10 States regulate military sales and cooperation with Indonesia more effectively and make such support totally conditional on progress towards full democratisation, the subordination of the military to the rule of law and civilian government, and strict adherence with international human rights, including respect for the right of self-determination.

1.11. The governments of Australia, Britain and New Zealand undertake a joint initiative to establish the truth about the deaths of the six foreign journalists in Timor-Leste in 1975 so that the facts and accountability are finally established.

1.14. The Government of Timor-Leste, with the support of the United Nations, honours the contribution of international civil society to the promotion of human rights in Timor- Leste, particularly the right of self-determination, and invites civil society organisations to contribute their documentation on this struggle to the people of Timor-Leste as a tool for remembering and fostering ongoing relations and solidarity

5. Effective Institutions

5.1.4 Government and donors continue to provide financial assistance, training and other forms of support for civil society in Timor-Leste to ensure it has the capacity to take its seat at the table and fulfill its role constructively and effectively.

5.3.6 The United Nations and international community continue to support the development and strengthening of the legal and judicial system in Timor-Leste to ensure accountability before the law.

7.1 Justice for past atrocities

7.1.12 The international community demonstrates its commitment to justice and the Serious Crimes process by, inter alia:

  • ensuring that their law enforcement authorities are enabled to transfer those indicted to the Serious Crimes regime established by the UN, to try those indicted themselves or to extradite them to a jurisdiction genuinely interested in trying them

  • ensuring that persons responsible for the crimes described in this report are not allowed to continue profitable careers regardless of their crimes

  • establishing a special board of investigation under the auspices of the United Nations to establish the extent, nature and location of assets held by those indicted for crimes against humanity in Timor- Leste

  • freezing the assets of all those indicted for crimes against humanity in Timor-Leste, subject to national and international laws and pending hearing of cases before the relevant tribunal

  • placing travel bans on those indicted for crimes against humanity in Timor-Leste

  • linking international aid and cooperation to specific steps by Indonesia towards accountability, such as cooperation with the Serious Crimes process, the vetting of perpetrators who continue their careers in the public sector, and the scrutinising of Indonesian members of peacekeeping missions and training courses to ensure that alleged perpetrators of violations are not included.

7.2 International tribunal

The Commission recommends that:

7.2.1. The United Nations and its relevant organs, in particular the Security Council, remains seized of the matter of justice for crimes against humanity in Timor-Leste for as long as necessary, and be prepared to institute an International Tribunal pursuant to Chapter VII of the UN Charter should other measures be deemed to have failed to deliver a sufficient measure of justice and Indonesia persists in the obstruction of justice.

12. Reparations

12.10 Financing

Indonesia should bear a significant proportion of the costs. As the occupying power which committed most of the violations, Indonesia has the greatest moral and legal responsibility to repair the damage caused by its policies and agents.

Member states of the international community, and business corporations who supported the illegal occupation of Timor-Leste and thus indirectly allowed violations to take place, are obliged to provide reparations to victims based on the principle of international responsibility recognised in the international customary law of torts....

If Indonesia is slow to respond, Timor-Leste and the international community should make theircontributions while pressing Indonesia to fulfil its responsibilities. Many of the victims cannot afford to wait.

See also

ETAN's Human Rights, Accountability & Justice pages

Chega! Final Report of the Commission for Reception, Truth and Reconciliation in East Timor (CAVR) (PDF)

ETAN on the Report of Joint Commission on Truth and Friendship, Calls for Meaningful Justice for Victims of Indonesian  Occupation (July 14, 2008)

Joint NGO Statement on the Handover of the Report of the Commission of Truth and Friendship (July 15, 2008)

ETAN: An Overview: Justice Processes and Commissions for Timor-Leste (March 2007)

Justice Remains Distant for East Timorese (Winter 2007)

Unfinished business: Timor-Leste truth commission recommendations to the international community (October 2019)
CAVR recommendations to the international community (PDF)

 

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