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Memo to UN Commission on Human Rights
Background
Recommendations for
the 57th Session
TO: Members of the United Nations Commission on Human Rights
FROM: East Timor Action Network/U.S.
SUBJECT: Recommendations for UN Commission on Human Rights
DATE: March 10, 2001
Below is the East Timor Action Network's (ETAN) commentary on
developments since the UN Commission on Human Rights (UNCHR) adopted a
Chairman's Statement on East Timor at its 56th session April 25, 2000,
followed by ETAN’s recommendations for the 57th session with regards to
East Timor and Indonesia.
BACKGROUND
Excerpts from Chairman's Statement on East Timor and developments since
then:
“The Commission welcomed the general progress made and some
concrete steps already taken by the Indonesian Government to investigate
fully violations of human rights and international humanitarian law and to
bring those responsible to justice.”
Virtually no progress has been made by the Indonesian government since
last year's session to bring those responsible for atrocities in East
Timor to justice. On the contrary, since that time, the following has
happened:
- In August 2000, the Indonesian parliament enacted a constitutional
amendment prohibiting retroactivity in prosecutions and limiting
culpability for command responsibility for past crimes against
humanity.
- The military faction of the Indonesian parliament not only played a
critical role in ensuring the passage of the constitutional amendment
above, but was also able to guarantee 38 parliamentary seats for
itself until 2009, giving it a strong say in any attempt to establish
via legislation an ad hoc court to try past crimes.
- To date, no Indonesian military (TNI) personnel have been indicted,
much less prosecuted, by Indonesia for atrocities committed in East
Timor, although there is extensive documentation of direct criminal
involvement by TNI officers in 1999 and throughout the 24 years of
illegal Indonesian occupation of East Timor. In January 2000, the
Indonesian Human Rights Commission (KPP-HAM) named six generals and at
least twelve other TNI officers culpable for crimes in East Timor in
1999. At that time, Attorney General Marzuki Darusman promised that
within his office would decide whether to file charges against
military, militia, and political leaders named in its report within
three to six months. Thirteen months later, no charges have been filed
against Indonesian officers.
- The very few court cases brought thus far by Jakarta against East
Timorese militia leaders deal only with crimes committed in West Timor
during 2000, ignoring pre- and post-referendum violence.
- The Attorney General has named only 22 suspects in his East Timor
investigations, none of whom rank higher than a two-star general, and
none have been indicted.
- Many TNI officers responsible for crimes against humanity in East
Timor retain positions of prestige and power, able to continue to wage
terror campaigns against the people of Aceh, Papua, Maluku, and other
areas of Indonesia.
“The Commission took note of the agreement between UNTAET and the
Indonesian authorities to exchange information relevant to investigations,
prosecutions and trials and welcomed the signature by the Government of
Indonesia and UNTAET of a Memorandum of Understanding envisaging mutual
cooperation in legal, judicial and human rights related matters, with the
aim to promote reconciliation and to ensure future social and political
stability.”
Since the 56th session, the Indonesian government has refused to honor
all extradition requests made by UNTAET. Only a handful of requests have
been made, and the longest-standing was not for an Indonesian official but
for East Timorese militia leader Eurico Guterres, who was recently moved
from jail to house arrest in Jakarta. Moreover, UN investigators who
traveled to Jakarta in December 2000 to question Indonesian suspects and
witnesses were not permitted to do so despite the Memorandum of
Understanding mentioned above. Although UNTAET investigators have shared
information with their Indonesian counterparts, reciprocity does not
occur.
The chief of Indonesia's armed forces, Admiral Widodo, publicly refuses
to cooperate with any UN investigations and the parliament supports this
position. It should also be noted that very few, if any, East Timorese
would be willing to travel to Indonesia to testify in trials due to
genuine concerns for their own safety and the lack of a functioning
witness protection program in Indonesia.
“The Commission fully supported the Secretary-General's intention
to strengthen the capacity of the United Nations Transitional
Administration in East Timor (UNTAET), in accordance with the latter's
mandate, to conduct forensic investigations and to provide assistance to
ongoing procedures.”
East Timor's justice system remains severely under-resourced. UNTAET
investigations and prosecutions are fraught with procedural and other
problems, including a lack of competence and professionalism. Cultural
insensitivity and arrogance on the part of international UNTAET personnel
are ubiquitous. A UN Security Council delegation which visited East Timor
last November noted the under-resourced state of the justice system, the
"devastation" of East Timor's infrastructure, the lack of
development progress outside of Dili, and "the small amounts so far
expended on reconstruction."
“The Commission urged a rapid solution of the East Timorese
refugees problem in West Timor. The Commission took note of the decision
by the Government of Indonesia to set a deadline and to take all necessary
measures for the refugees to express freely their choice. The Commission
noted the positive steps taken by the Government of Indonesia to enhance
the security and the safety in refugee camps… However, the Commission
remained concerned at various obstacles, including intimidation and
misinformation by remaining militias in refugee camps, which hampered the
safe and voluntary return of refugees to East Timor. The Commission asked
the Government of Indonesia and the international community to continue to
provide relief assistance to the refugees.”
The refugee crisis has worsened since the 56th session. The September
6, 2000 rampage in which militia brutally murdered three international
United Nations High Commission for Refugees (UNHCR) workers, the worst
attack ever on the UNHCR, occurred while Indonesian police and military
stood by and did nothing to stop the violence. Since the killings, there
has been virtually no international presence in the refugee camps, where
up to 100,000 East Timorese remain more than fifteen months after they
were forced from their homeland. Armed militia continue to patrol the
refugee camps, and half-hearted efforts by Indonesian authorities to
disarm them have been completely ineffective; many believe these efforts
to be an empty gesture to pacify the international community. The UN
Security Council delegation to West Timor found continued intimidation and
misinformation by the militias. It called the conditions of the refugees
in the “dilapidated” camps “truly depressing.”
RECOMMENDATIONS FOR
THE 57th SESSION
At last year's Human Rights Commission session, Indonesia’s
representative Susanto Sutoyo expressed confidence that his government’s
internal processes would satisfy the requirements of the international
community. U.S. representative Micheal Dennis stated the U.S. sincerely
hoped that at the next session of the Commission, it would be able to note
further progress by Indonesia in bringing those responsible for human
rights violations in East Timor to justice.
Unfortunately, such progress has not occurred. In fact, as noted above,
there has been a turning away from the rule of law in Indonesia, as the
power and influence of the military in Indonesia has increased over the
last year. Consequently, ETAN encourages the UN Commission on Human Rights
(UNCHR) and its member states to carefully and fully consider the
following:
- International Tribunal for Crimes Against Humanity and War Crimes
in East Timor - The UNCHR should call for the establishment of an
international tribunal to try crimes against humanity committed in
East Timor, following up on previous public statements by
Secretary-General Kofi Annan and High Commissioner Mary Robinson, as
well as the recommendation of the report of the UN International
Commission of Inquiry. The demonstrated inability of both Indonesian
and East Timorese judicial systems to bring Indonesian military and
political personnel and militia leaders to justice should be clearly
decried, and the defiant lack of cooperation of the TNI and Indonesian
parliament with UN investigations strongly condemned. If the
international community chooses to continue to wait for Indonesia to
prosecute, the UNCHR should set clear deadlines and standards. Failure
to meet these criteria would then trigger steps to set up an
international tribunal. Any tribunal should be charged to investigate
and prosecute war crimes and crimes against humanity committed in East
Timor from 1975 to the end of 1999.
- East Timorese Refugees in West Timor - The UNCHR should call
for renewed international efforts to resolve the refugee crisis. It
should publicly note the threat to East Timor's peace, security, and
integrity caused by the operation of armed militias with impunity in
West Timor, as well as the ongoing humanitarian crisis. The UNCHR must
insist on verifiable disarmament and dissolution of all militias.
Militia leaders must be arrested and extradited to East Timor or to an
international court for trial. Indonesia must guarantee the safety of
international and local humanitarian workers in West Timor, ensuring
they have unimpeded access to refugees and can supervise in an
environment free of fear and intimidation to enable each refugee to
choose whether to return to East Timor or settle in Indonesia.
- UNTAET's Performance - The UNCHR should review UNTAET's
activities in East Timor with an eye toward human rights, noting
positive developments but also encouraging the United Nations to
redress problems and allegations of cultural insensitivity and
arrogance among international staff; the need for better training,
more resources and simplification of bureaucratic procedures; and
inadequate communication with and delegation of authority to the East
Timorese people. UNTAET should seek ways to work with the people of
East Timor to redress these problems and provide additional resources
and better management for East Timor's investigatory and judicial
system.
- Indonesian Security Forces - The UNCHR should condemn ongoing
severe human rights violations against civilians by Indonesian
security forces throughout the archipelago, especially in Aceh, West
Papua, and Maluku, sending Special Rapporteurs to investigate the
extent of arbitrary execution, arrest and torture in those and other
regions. The UNHRC should support genuine subordination of the
Indonesian military to the civilian government. The increase in power
of the military since last year's session should be noted, as well the
continued impunity enjoyed by the military, both of which directly
affect East Timor's future security. The UNCHR should call on
Indonesia to reduce excessive military deployments in Aceh, West
Papua, and Maluku and for complete withdrawal of inorganic troops from
these areas; dissolution of the territorial command structure;
break-up of military control of the economic sector; and the release
of political prisoners.
- UN Member States’ Culpability - Member states should
examine their own culpability in the 24-year Indonesian military
occupation of East Timor, including their role, if any, in actively
arming and training Indonesia's military and failure to work for
implementation of relevant Security Council, General Assembly and
UNCHR resolutions. The UNCHR should encourage nations with information
relevant to war crimes and crimes against humanity in East Timor to
make it available to East Timorese and international investigations.
East Timor Action Network/U.S.
P.O. Box 1182, White Plains, New York 10602 USA
Telephone:1-914-428-7299; fax:1-914-428-7383
Internet: etan@etan.org
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