Timor Leste -- A Decade of Independence

Timor Leste or East Timor has marked ten years of Independence from Indonesia. On an anniversary such as this one it is hard to look only in one direction. One must look forward, but one must also look back. Looking back and taking stock, taking stock of what has and what has not been achieved. It is impossible to move forward without first addressing the past.

I like Jose Ramos Horta. I like his commitment to the cause, I like his honesty, I like the fact that he calls things as he sees them. These are interesting traits for a man who has made his name as a diplomat, then as Prime Minister of his nation, and now as President.

However, I am not sure that I agree with his call that an international tribunal or commission is not needed in Timor Leste to address issues of war crimes and other crimes against humanity that may have been committed over the years of Indonesian occupation and the period during the direct ballot and the period immediately following the announcement of the results of the direct ballot.

Reconciliation is a nice thought, but as a process it does not really address the need for justice for victims or the families of victims. I am sure, no, I know, there are arguments that truth and reconciliation commissions are useful. The most obvious example is South Africa. Nevertheless, my personal belief is that justice is best served through a tribunal process. I am not sure that "slowly, gradually, steadily justice will prevail."

In an interesting side note, Indonesian Foreign Minister, Hassan Wirajuda, was 45 minutes late in arriving and the commencement of the ceremony was delayed until he arrived. So, I am guessing that this is indicative of Timor Leste seeing its former colonial master after the Portuguese, Indonesia, as being an important partner going forward. It might also be indicative of a complete lack of respect that Indonesia may have for Timor Leste. Then again, it might just have been a technical problem with an aircraft or something.

Congratulation to Timor Leste on the first ten years of independence!

May the next ten years see some drastic improvements on the poverty reduction, employment, and education fronts.

Viva Timor Leste.

Healing and Justice

I recently bought a book (I buy lots of books and they are starting to over run my house) Kerusuhan Mei 1998: Fakta, Data, dan Analisa (Riots May 1998: Facts, Data, and Analysis). I am reading through it albeit at a much slower pace than I would like. I have too much to do so I cannot devote as much time to reading as I would sometimes like to.

The book is published by Asosiasi Penasehat Hukum dan Hak Asasi Manusia Indonesia (APHI) and Solidaritas Nusa Bangsa, and they have been facilitated (I am guessing funding) by Yayasan TIFA.

The book is comprehensive in terms of the facts and data it supplies. It also relies on the public record for statements from people with knowledge of the events and how they unfolded.

Based on what I have read so far, I have this question.

Can Indonesia really move past the tragic events of May 1998 and really heal if the perpetrators of these heinous crimes are not held to account and where possible punished?

It would be interesting to see whether people favour a truth and reconciliation commission or the much more rigid justice of a court system (assuming that Indonesia's Human Rights Courts were given the mandate and tools to deal with these crimes).

East Timor and Indonesian Responsibility

The Truth and Friendship Commission has spoken, actually produced a report, that states in unequivocal terms that Indonesia played a significant role in the violence that ensued in Timor Leste after the Direct Ballot of 1999. In fact the report says that Indonesia is responsible for the committing of gross human rights abuses including murder and torture.

This is strange because not one high ranking person who was charged with a crime relating to this in Indonesia was convicted or had their conviction affirmed on appeal. All defendants successfully negotiated the Indonesian Human Rights Court system. I wonder why some might think this whole process was nothing more than lip service and a whitewash from start to finish.

The next part of this story has that funny in a perverse way feel to it. The release of the report has sparked Indonesia into acknowledging responsibility for carrying out gross violations of human rights but not offering an apology. I am wondering why one would even except responsibility at all? Let's face it, no one has been convicted in an Indonesian court for any crimes that were alleged to have been committed in 1999. Or is this a case of trying to ward off an international tribunal by saying, "yes, we as a State committed some crimes but we are not sure who the perpetrators are".

The claim is going to be the people we thought were the perpetrators have since been found innocent by the open and transparent court system in operation in Indonesia and cannot be tried again for the crimes for which they have already been acquitted.

I believe that without justice it is impossible to move forward fully. Indonesia seems to think that the release of the report ends this tragic saga, it should not! The report is not justice for the victims or their families. This is a mere narrative of what the commission uncovered. If Indonesia refuses to prosecute perpetrators of these crimes then an International Tribunal must be set up to deal with those that have committed crimes.

There must be justice for all!