[Kabar-indonesia] ETAN on UN Commission of Inquiry Timor-Leste Report

[John M Miller]

contact: John M. Miller, 718-596-7668; etan at etan.org

Commission of Inquiry Report Can Help Timor-Leste Overcome Divisions

But Context of Recent Violence Needs Greater Attention

October 17 - The East Timor and Indonesia Action 
Network (ETAN) today praised the work of the UN's 
Commission of Inquiry (COI) into the violence in 
Timor-Leste last April and May. The Commission’s 
report helps clarify how divisions within and 
among Timor-Leste's security forces, government 
and society escalated into violence. It also 
highlights institutional weaknesses and the fatal 
effects of widespread weapons distribution, lack 
of respect for legal process, and a culture of impunity.



The COI concluded that “the violent events of 
April and May were more than a series of criminal 
acts. They were the expression of deep-rooted 
problems inherent in fragile State institutions 
and a weak rule of law.” The Commission 
identified suspects for criminal prosecution and 
further investigation and described institutional 
breakdowns which contributed to the violence. 
Although the Commission focuses on particular 
incidents of violence during the five days it was 
mandated to investigate, the repercussions of 
those incidents have victimized nearly all of the 
people of Timor-Leste. Dozens were killed, 
hundreds wounded, thousands had their houses 
destroyed and tens of thousands have been 
displaced from their homes for several months. 
Equally important, the confidence of the citizens 
in their newly independent state and in their 
ability to govern themselves, has been severely shaken.

Follow up of all the COI’s recommendations is 
crucial to establish criminal responsibility, 
ensure accountability and to reassure the victims 
that there will be justice. But deeper issues, 
outside the Commission’s mandate, must also be 
addressed if nation-building in Timor-Leste is to 
serve both its own people and the exemplary role 
it has been assigned by the United Nations.

Crucial issues such as poverty and unemployment, 
widespread traumatization, accountability for 
crimes during the Indonesian occupation, and 
development of a broad-based understanding and 
commitment to peaceful, constitutional political 
dialogue must be dealt with as part of the 
unfinished process of building the nation of 
Timor-Leste. These factors all contributed to the 
environment that allowed the events investigated 
by the COI to occur and to escalate so quickly. 
The UN and other international institutions have 
recognized these problems since 1999 and must 
continue to fulfill their responsibility to address them.

The Commission referred to manipulation by 
“groups with specific political interests” and 
“young men” who appeared at key crisis points, 
but it did not explain the nature, motivations or 
leaders of these shadowy elements. Further 
exploration of these factors and their economic, 
political and social context, is essential. We 
encourage civil society, criminal investigators, 
the United Nations and others to examine these 
factors more closely – objectively determining 
facts while refraining from the propagation of unfounded accusations.

Rebuilding National Unity

We urge Timor-Leste's leaders, political parties 
and the general population to use the COI report 
as an opportunity to recommit themselves to 
national unity, as well as to examine their own 
actions and experiences. They must work for the 
benefit of the entire population and avoid 
further finger-pointing or defensiveness. The COI 
report is not the final word about what happened, 
but it provides a foundation for re-focusing 
attention on the rule of law and orderly, constitutional government processes.

Re-establishing the rule of law and holding 
people accountable for illegal actions described 
by the Commission is an important step. The COI 
strongly recommended strengthening the judicial 
system, with substantial international 
participation in investigations, prosecutions and 
trials. The international community must provide the promised support.

Timor-Leste’s people still live with their 
memories of Indonesia’s quarter-century of 
illegal military occupation; the majority of them 
experienced this brutality first-hand or have 
victims in their immediate families. This 
unhealed mass trauma continues to strongly 
influence the reactions of Dili residents, both 
in their decisions to flee en masse last April 
and in the fact that many still refuse to return 
home. Patterns of behavior essential to the 
independence struggle, including secrecy and 
self-reliance, need to be transformed into 
transparency, accountability, and open, 
democratic debate. Regional differences must not 
be manipulated, exacerbated, or used as excuses 
for discrimination or factionalism.

Ending Impunity

The COI echoed popular concern for “an end to the 
culture of impunity” which would be exacerbated 
if perpetrators of the crimes of April and May 
are not held accountable. In reality, impunity 
for serious crimes has prevailed in Timor-Leste 
since the Indonesian occupation. After seven 
years and countless processes, Indonesia, 
Timor-Leste and the United Nations have failed to 
achieve accountability for crimes against 
humanity committed between 1975 and 1999. This 
impunity has led some in Timor-Leste to believe 
that they would not be held accountable when they 
commit violent crimes, either offensively or in 
retaliation to violence against their colleagues. 
Once again, we join with the Timorese people in 
urging the creation of an international tribunal 
to pursue the Indonesian generals and political 
leaders who organized and ordered the worst 
violations during the occupation. Only a credible 
international tribunal can demonstrate that impunity will not prevail.

Elections

The 2007 Parliament and Presidential elections 
will be crucial in resolving Timor-Leste’s 
political differences. International assistance 
with election mechanisms, civic education, and 
ensuring a peaceful and free environment can help 
reassure a distrusting population. The UN 
Secretary-General’s recent appointment of a team 
of experts to verify next year's elections is an 
important step. As Timor-Leste enacts its 
electoral law over the next few weeks, it is 
important that Parliament establishes a level 
playing field, so that voters from all parties 
have confidence in the process. Most importantly, 
we urge that campaigning be based on issues and 
constructive policy proposals, rather than name 
calling, geographic or historical stereotyping, 
or ad hominem attacks. The COI avoided discussing 
political factors behind the recent violence, but 
those factors exist and it is essential for 
Timor-Leste’s politicians, candidates, parties 
and citizens to address them responsibly, 
avoiding rumors and unfounded accusations while 
suggesting specific institutional solutions.

Security Forces

Some of the recent problems emerged from the 
unclear mandate, poor communications, violations 
of legal and operational procedures, indiscipline 
and other questionable activities of 
Timor-Leste’s armed forces, the Falintil-FDTL. 
Historical, personal, resource and regional 
rivalries within and between the police and the 
military must be transcended so that both 
institutions serve the entire nation. Providing 
employment and recognition for those who 
dedicated their lives to the independence 
struggle have proven complex and intractable. 
Transforming parts of the resistance army into a 
defense force has not resolved this problem. 
Timor-Leste’s leaders and their international 
advisors know more now than when UNTAET 
established F-FDTL in early 2001. The necessity 
and mandate for a separate defense force and for 
paramilitary divisions of the police should be 
carefully re-evaluated to meet current and future 
needs for internal and external security.

All of the alleged perpetrators named by COI are 
male, nearly all are or were members of the 
police or military, and all of the identified 
weapons involved came from police and military 
inventories. We are concerned that the universal 
military service law which is currently being 
enacted by the post-Alkatiri government will 
further increase the number of men with guns, 
laying a foundation for further violence.

Economic Development

Widespread urban unemployment and the failure to 
meet public expectations for post-independence 
economic development are crucial to avoid the 
recurrence of gang warfare and insecurity that 
have frightened the population of Dili. Although 
Timor-Leste has saved $800 million in oil 
revenues in the Federal Reserve Bank, until 
recently this money has not been used to provide 
jobs or improve people’s standard of living. 
Although setting aside some of these funds for 
the future is admirable, donor support and some 
petroleum revenues must be used to alleviate alienation today.

Oil revenues have proven to be a curse in most 
countries similar to Timor-Leste. With 90% of its 
GDP from petroleum exploitation, Timor-Leste is 
at risk of falling into the oily pit of 
corruption, violence and bad economic policies. 
Timor-Leste may be able to reduce poverty with 
oil money, but this will require the greatest 
transparency and accountability to an informed population.

International economic and political assistance 
remains necessary. The new UN mission’s (UNMIT) 
priorities are reasonable for the short-term. We 
hope that UNMIT will not repeat the limitations 
or mistakes of past missions, and that all 
international security personnel in Timor-Leste 
will be part of a unified, UN-led command. But in 
the end, Timor-Leste must stand on its own, 
dealing with its problems in constructive and 
legal ways without descending into violence. Only 
then will the Democratic Republic of Timor-Leste 
fulfill its name and its dream of an independent nation.

Background

The UN's Independent Special Commission of 
Inquiry for Timor-Leste was established at the 
request of then Foreign Minister José Ramos-Horta 
in June. COI's main tasks were to establish the 
facts and circumstances of "the incidents on 
28-29 April, 23, 24 and 25 May and other related 
events or issues which contributed to the 
crisis." Its can be found at 
http://www.ohchr.org/english/ in English, Tetum, 
Portuguese, and Bahasa Indonesia.

Since 1991, ETAN 
(<http://www.etan.org/>www.etan.org) has 
advocated for democracy, justice and human rights 
for East Timor and Indonesia. ETAN calls for an 
international tribunal to prosecute crimes 
against humanity committed in East Timor from 
1975 to 1999 and for restrictions on U.S. 
military assistance to Indonesia until there is 
genuine reform of its security forces. ETAN is 
planning to send observers for Timor-Leste's 
planned parliamentary election next year.



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John M. Miller         Internet: fbp at igc.org
National Coordinator

East Timor & Indonesia Network
48 Duffield St., Brooklyn, NY 11201 USA
Phone: (718)596-7668      Mobile: (917)690-4391
Skype: john.m.miller  Web: http://www.etan.org

Send a blank e-mail message to info at etan.org to find out
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