Timor-Leste National Alliance for an International Tribunal Letter to UN
Secretary-General
The following is the full text of a letter which was faxed from NGOs in
Dili to the UN Secretary-General on January 19, 2006
Timor-Leste National Alliance for an International Tribunal
Secretariat: NGO Forum Timor-Leste; Dalan Kaikoli, Dili, Timor-Leste
Contact Person: Edio Saldanha (kadiuk@yahoo.com or hak_advocasia@yahoo.com.uk;
+670-728 4602),
Nico (+670-727 8653, fax number: +670-3313324)
Dili, 19 January 2006
His Excellency Mr. Kofi Annan
Secretary-General of the United Nations
New York, NY USA
By fax to +1-212-963-7055
Re: Handover of CAVR’s report
We are writing to you in regard to the handing over of CAVR’s report by the
President of the Democratic Republic of Timor-Leste to you, the UN
Secretary-General. We are aware that you have given great attention to the
justice issue in Timor-Leste and that involvement of the United Nations is
critical to achieve justice for the victims in Timor-Leste and to end the chain
of impunity.
While the CAVR was in operation, Timor-Leste civil society, especially the
victims of Human Rights Violations, showed their courage when testifying at
public hearings by presenting facts which brought back painful memories.
However, they believed that their participation would contribute to the process
of justice for Timor-Leste. Almost everyone hoped that the CAVR was working
independently to carry out their mandate in accordance to the Constitution of
RDTL (Article 162), and UNTAET regulation 10/2001. That many inside and outside
of Timor-Leste gave their testimony to the CAVR demonstrates the importance of
the CAVR process for the future.
The CAVR has finished its mandate and handed its final report to the
President of Timor-Leste. The recommendations in this report are important for
Timor-Leste and the international community. We must look at the past to design
a better future. This report not only records our black history of past human
rights violations, it also gives official recognition to the experiences and
grief of our struggle that resulted from the political policies of international
actors toward Timor-Leste over 24 years.
Our concern arose when CAVR’s report was received by the President of RDTL,
Mr. Xanana Gusmão. When he then handed over the report to the National
Parliament of Timor-Leste on 28 November 2005, he stated that he had received
the contents of report but criticized several of its recommendations, which he
said were beyond the political capacity of RDTL. Our President explicitly
rejects the right of victims to receive reparations and compensation and the
recommendation for an International Tribunal. To date, CAVR’s report has not
been released by the President or government of RDTL, leaving the responsibility
with you, Mr. Secretary-General.
We are aware of the political realities facing the Democratic Republic of
Timor-Leste and of the stance of our state leaders, including President Gusmão.
Citing these realities, they oppose an International Tribunal and reparations.
Their position clearly contradicts international principles spelled out in the
Universal Declaration of Human Rights, international law and the Constitution of
the Democratic Republic of Timor-Leste.
We strongly believe that a complete understanding of the truth is essential
to reconciliation and justice. If the international community wishes Timor-Leste
to live in peace with their neighbor Indonesia, as well as with other parts of
the world, we believe it is important to publicize the entire contents of the
CAVR report. This will help us move beyond our past violence towards a peaceful
future.
We also urge the international community to establish an international
tribunal and to respect and defend the right of victims to receive reparations
or compensation. Such support will send a strong message from the UN to people
everywhere that there is no place for the perpetrators of human rights
violations.
We therefore would like to ask your Honorable UN Secretary-General to remind
our President that respecting the rights of victims and ending the chain of
impunity is a precondition to achieving true reconciliation in Timor-Leste,
Indonesia and in the world as a whole.
We also ask the UN not to put the responsibility for prosecuting perpetrators
of Human Rights Violations on Timor-Leste’s shoulders. The delays in justice for
the victims result from political decisions of the United Nations before 2002,
which left the burden for Timor-Leste alone. If the UN does not take this up,
you will send a signal to small and poor countries that they cannot rely on the
UN to achieve true justice.
Your sincerely,
The undersigned below:
Board of Alliance:
Maria Afonso de Jesus
Edio Saldanha
Joaquem Brites
Members:
Rosentino Amado Hei, HAK Association
Joãozito Viana, Luta Hamutuk
Nuno Rodrigues, SAHE Institute
Thakur, Students Group
Manuela P. Leong, Fokupers
Inês Martins, La’o Hamutuk
Ino Parada, Gembel Group
see also
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