The State Administrative Court in Jakarta has rejected a petition by the Alliance of Independent Journalists (Aliansi Jurnalis Independen / AJI) to overturn the Indonesian Film Censorship Board (Lembaga Sensor Film / LSF) ban on the film Balibo. The story is told from the viewpoint of Roger East. Roger East was also murdered on the docks of Dili by Indonesia military forces.
The film says in its promotional material and trailer that it is based on a true story, and suggests in no uncertain terms that the five journalists (Greg Shackleton, Malcolm Rennie, Gary Cunningham, Brian Peters and Tony Stewart) that have come to be known was the Balibo Five were murdered by Indonesian forces invading East Timor.
Recent developments, including a coronial inquiry in the New South Wales Coroner's Court, found that there was sufficient evidence to proceed with further investigations of the perpetrators for committing international crimes of a serious and grievous nature; a war crimes investigation.
In many respects, it is not surprising that the film was banned in the first place, nor is it at all surprising that the ban was upheld by the State Administrative Court. It is not rocket science to understand that there are some things in Indonesia's past that she would not want to revisit, and this is one of them.
It is worth noting that the Australian government is not jumping up and down wanting to know why the film is subject to a ban. This is not surprising either. It is not surprising because Australia was very much complicit in the invasion as it gave the green light for the Indonesians to go in and forcibly integrate Portuguese Timor into the Unitary State of Indonesia. It is also not surprising because it shows how little thought the government of the time gave to the safety of the five journalists on the ground or to Roger East.
Nevertheless, it is surprising that the State Administrative Court has seemingly been asleep at the wheel when it came to hearing the evidence and actually listening to the evidence put forward by the Legal Aid Foundation - Press, legal representatives, of AJI. The State Administrative Court has utilised provisions that were not argued and appear to be poor choices on which to base the decision to uphold the ban and reject the AJI petition. In an important case, such as this one, where there are implications for freedom of speech and freedom of expression, which Indonesia supposedly guarantees, then the judges have a responsibility to get the law right.
On a side note, the film has already been screened in Indonesia despite the ban and no problems have been reported. Indonesian, Timorese, and Australia relations have not irretrievably broken down, there has not been mass rioting on the streets in the places where the film has been shown, and there has not been any inkling of the country degenerating into a state of anarchy. This suggests that, despite the Indonesian Censorship Board's concerns, Indonesian film viewers are more mature and critical of the material they watch than either the Government, the military, or the Censorship Board gives them credit for.
It was hardly surprising that the Indonesian Censorship Board (Lembaga Sensor Film / LSF) slapped a ban on the film Balibo. The film tells the story of five journalists killed in Balibo while covering the Indonesian invasion of East Timor. It also tells that story from the perspective of Roger East (who was ultimately murdered on the docks of Dili) and Jose Ramos Horta.
The film portrays the killings of the five journalists as murder. The cold hard reality was that they were executed. Any story to the contrary that the five were innocently caught in the cross-fire between Indonesian and Fretilin forces is just that, a story.
It is probably worth noting that the NSW Coroner's Court found enough evidence to forward the matter to the Australian Federal Police for a War Crimes Investigation.
But this post is not about rehashing the "facts" of the event. Rather it is about the amusing statement from the current Chief of the Army, General George Toisutta, who argues that the LSF decision to ban the film equates to the voices of the Indonesian public being heard. Simply, Indonesians across the board want the film to be banned.
I am not quite sure how the Indonesian people have spoken on this one in regards to voicing the opinion that the film must be banned. The simple fact that it has been banned means that most of the Indonesian populace has not had the opportunity to see it yet in order to formulate an opinion on it.
However, it has to be noted that banning a film in Indonesia does not have the same effect as it used to. Video piracy ensures that almost any film is available, if you look hard enough, and normally before it "opens" in Indonesian theatres. Word on the street is that Balibo is already freely available from road-side vendors of the latest films.
Furthermore, the Alliance of Independent Journalists (Aliansi Journalis Independen / AJI) have already screened the film for a select few, 300 or so to be a little more precise.
When it is all said and done, this is a film. It is an interpretation of historical events that clearly runs counter to what the Indonesian government have told their people about the incident.
However, banning the film ensures that it stays in the public conscience. A ban tends to increase the popularity of a film. The ban is sure to have people wanting to see it in order to see what the government is so committed to preventing them from seeing. And, more than anything else, the film is unlikely to seriously harm relations between Indonesia, Timor Leste, and Australia at the people to people level. The only harm that may befall these relationships are on the political level as desperate politicians seek to ground out some cheap political points on their rivals.
It is funny in that really sad kind of a way that the Indonesian government does not believe her citizens to be intellectually capable of digesting this film and making decisions on its content in rational ways. The government, once again, is severely underestimating the maturity of the Indonesian community as a whole.
The latest development in the Balibo Five case is sure to be a tester of the relationship between Australia and Indonesia. The latest development is that the Australian Federal Police (AFP) have decided to launch a war crimes investigation into the events surrounding the deaths of five journalists in the East Timorese township of Balibo. To be fair the enquiry must also include the execution of Roger East as well who was ultimately captured and executed on the foreshore of Dili.
It goes without saying that when the investigation became public knowledge that the Indonesian Department of Foreign Affairs did not respond positively. The Indonesians have considered this case a closed one pretty much from the time it happened. The response went along the lines of case closed and we will not be cooperating in any investigation.
Nevertheless, the AFP were between a rock and a hard place considering the findings of the 2007 NSW Coronial Inquest into the deaths which in essence concluded that there was a case to answer, at least for Yunus Yosfiah, and referred the matter to the AFP for investigation.
For Indonesia, and for many in Australia as well, the idea of letting bygones be bygones and focusing on developing a mutually beneficial relationship going forward is more important. Bygones can never truly be bygones until there is at least a sense that justice has prevailed. The Balibo Five and Roger East have not had any justice and neither have their families. In the end justice might in fact reveal that the Balibo Five were the unfortunate victims of an incident where they were caught in the crossfire between Indonesian and Fretilin troops. If that is the case, then so be it. However, if it turns out that the Balibo Five were the victims of an execution that was aimed at preventing them from getting the story of Indonesia's invasion of East Timor out to the world, then justice would entail that the perpetrators of the execution who remain alive must be brought to trial.
For me, there is no reason why a mature bilateral relationship between Australia and Indonesia cannot survive this investigation. The idea that the era of Soeharto has passed, which would seem pretty obvious now the man is dead, and that Indonesia is a different place to what it was in 1975, albeit true, does not hold water when it comes to justice. What happened in East Timor and the Balibo Five needs to be known, just because Soeharto is dead and Indonesia is a different place does not mean that the truth of these events should be swept under the carpet. The tribunals in Cambodia are testament to the need for justice to be given a chance.
In many ways there are arguments beyond just the Balibo Five that what occurred in East Timor, the now independent Timor Leste, were crimes of such a magnitude that an international tribunal is warranted. There are arguments to be made for genocide, crimes against humanity, and war crimes, Even though the genocide of the East Timorese might be debatable and may not be on the scale of the holocaust of the Jews during the second world war, a genocide is a genocide on whatever scale.
The allegations must be pursued until the truth is determined.
I will undoubtedly write on this subject again as it contains all the issues that are important to me both personally and professionally; Australia, Indonesia, and the pursuit of justice.
Here is something that is sure to get under the skin of the members of Commission I of the House of Representatives (DPR) in Indonesia, Balibo. Commission I has responsibility for matters relating to defense, intelligence, foreign affairs, telecommunications, and information. Just about anything remotely related to the Indonesian and Australian bilateral relationship that is probing of Indonesia or her past is dismissed as foreign interference in Indonesians sovereign affairs.
The film Balibo is about five journalists (Greg Shackleton, Tony Stewart, Gary Cunningham, Brian Peters, and Malcolm Rennie) who were either murdered or killed in the cross-fire between Indonesian troops and Timorese rebels. Primarily the focus is on the relationship between Roger East and Jose Ramos Horta. East was later captured and executed, reportedly by firing squad, by Indonesian soldiers. This happened during Indonesia's invasion of the former Portuguese colony that ultimately led to Portuguese Timor being integrated into Indonesia as East Timor.
Aside from the justice that the Balibo Five deserve, Roger East also deserves to receive justice. Journalists must not be cold-bloodedly murdered by invading and occupying forces. More than that, journalists must not be targeted and murdered in the course of pursuing their profession.
This invasion led to the Timorese suffering for the next 24 years at the hands of a greedy colonizer with an insatiable appetite for natural resources and violence. History was only set right with the direct ballot of 1999. Unfortunately, this was not an entirely peaceful transition from colonization to independence.
East Timor has now become the independent Timor Leste.
The film has premiered at the Melbourne International Film Festival where the current Timor Leste president and former rebel leader, Jose Ramos Horta, spoke about his knowledge of the events of 1975. His comments make for interesting reading and are more likely to strain the Timor Leste and Indonesian bilateral relationship than the fact that Australian film makers have gone about making this film.
Interestingly, the Melbourne International Film Festival website has been hacked purportedly by Chinese hackers critical of the festival's decision to screen a film about the violence perpetrated by the Chinese state against the Uighurs. Here is the link (not sure if it is still hacked and displaying the Chinese flag).
According to Ramos Horta, who is known for being very blunt in his assessment of most things, has said that the killings were not an accident nor did they occur in a cross-fire situation. To the contrary, according to Ramos Horta, the five journalist were tortured and then killed.
It is worth noting that Australia was the only country to recognize Indonesia's sovereignty over Timor Leste. It is also worth noting that the governments of Australia and the United States of America were complicit in the invasion as both gave the green light to Soeharto and his bunch of not so merry marauders to go about their invasion business.
Many are looking to see whether the film will put a strain on bilateral relations, it won't but it probably should! Now, whether or not it should is a different question altogether. Yet, if the most recent statements coming from the Indonesian Department of Foreign Affairs is anything to go by, then it is unlikely that there will be any significant impact on the relationship.
Teuku Faizasyah, is quoted as saying that to all intents and purposes this issue has been settled and the accepted explanation of the deaths are that the five journalists were killed in the cross-fire between Indonesian soldiers and Fretilin rebels. Simply, "they were in the wrong place at the wrong time." It is hardly surprising that the Indonesian government is dismissing the film as fiction and the vivid imagination of film makers.
What will be really interesting is whether or not the film gets past Indonesian censors and is shown in Indonesian theatres across the breadth of the archipelago. This is interesting because Faizasyah is also reported to have said that the Indonesian government is not into banning films as this would kill the film sector. This is certainly a different position from that which was adopted in the past.
My personal opinion is that they were murdered and that those responsible, the majority of whom are still alive, must be held accountable for their actions. On the bilateral relationship front between Indonesia and Australia, the relationship is likely to come under pressure if the Australian government was to get some testicular fortitude in the aftermath of the screening of the film and pursue the NSW Coroner's findings about who was responsible and what action should be taken (I have written about this here).
The reason I don't think that this film will unduly strain bilateral relations is that I do not believe that my government has the testicular fortitude, at this point in time, to pursue this. This makes me sad, if for no other reason that it proves the saying, "that the first casualty of war is truth".
I have not seen the film yet. I cannot get down to Melbourne for the festival. However, as soon as I get the chance to see it in Sydney, I will. I will then write a review of it and post it on the blog.
For now, I attach the Official Trailer (available on YouTube) for your viewing (dis)pleasure.
