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2013 Timor-Leste Update Conference

2013 Timor-Leste Update Follow Up - IPS - ANU

Amb. Abel Guterres and Agio Pereira (Minister of State and of the Presidency of the Council of Ministers) on left. Ruth Nuttall (ANU) at the podium.
The 2013 Timor-Leste Update was the first to be held at the ANU and brought together leading and emerging scholars and policy analysts working on Timor-Leste to reflect critically on the prospects and challenges for the nation over the next 5-10 years. The main objective of the Update was to contribute to Australia's knowledge of, and engagement with Timor-Leste, by providing a public forum to discuss recent developments in Timor-Leste. The Update also aimed to strengthen relationships between scholars, government agencies, civil society organisations and research institutions working on Timor-Leste and to help build the profile and capacity of East Timorese researchers and policy analysts.
The 2013 Timor-Leste Update was hosted by the State, Society and Governance in Melanesia Program at the ANU, with funding from the ANU’s Research School of Asia and the Pacific, and the Australian Government’s Department of Foreign Affairs and Trade, and it is hoped that the Timor-Leste Update will become a biennial event.
Click on the links below to access all the outputs and related material from the 2013 Timor-Leste Update:
Related Publications
Speakers included: Agio Pereira (Minister of State and of the Presidency of the Council of Ministers), Fidelis Magalhaes (Chief of Staff, Presidency of the Republic of Timor-Leste), Charles Scheiner (La’o Hamutuk); Meabh Cryan (Rede ba Rai); Ines Martins (La’o Hamutuk); Nelson Belo (Fundasaun Mahein); Catharina Maria; Jose Neves (Deputy, Anti-Corruption Commission Timor-Leste); Lurdes Bessa (Member of Parliament, Timor-Leste); Laura Soares Abrantes (Asia Pacific Support Collective Timor-Leste); Lia Kent (ANU);Sue Ingram (ANU); Michael Leach (Swinburne University), Gordon Peake (ANU) and more.

Panel on Sub-national development.

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ETAN on anniversary of Santa Cruz massacre



November 12 is the 22nd anniversary of the Santa Cruz massacre. On November 12, 1991, Indonesian troops opened fire on a memorial procession - turned into a peaceful pro-independence demonstration - at the Santa Cruz cemetery in Dili, the capital of Timor-Leste. More than 270 mostly-young Timorese were murdered.

As we have often noted, the media coverage of the massacre was a key turning point in Timor's long struggle for independence. It led to the founding of ETAN and similar groups, energize UN and Portuguese diplomacy, and led to some sanctions on Indonesia. In the U.S., ETAN built on the initial cut-off of military training for the Indonesian military. Eventually, all military assistance was cut off in 1999 as Indonesian troops and militia ransacked the Timor in the aftermath of the historic vote that led to independence.

On the 20th anniversary of the massacre ETAN observed that:
"While Timor-Leste is now independent, its people will not be able to overcome their tragic past without knowing what was done with their relatives’ and friends’ bodies. Ongoing impunity for decades of systematic Indonesian military and police atrocities keeps the East Timorese and Indonesian people from consolidating their democracies and moving on with their lives."


Much remains to be done. A year ago, we noted that:

"Impunity for decades of systematic Indonesian military and police atrocities prevents both countries from consolidating the rule of law as they transition from  military dictatorship do democracy."

We continued to to urge the U.S. Congress and the Obama administration to respond to the recommendations of Timor-Leste's Commission for Truth, Reception and Reconciliation, especially "its calls for an international tribunal to try perpetrators of crimes against humanity during the Indonesian occupation, reparations from Indonesia and other countries that supported the occupation, and restrictions on foreign assistance to the Indonesian military."

And we urged the U.S. and others to press Indonesia "to immediately release all information that can help identify and locate those who were killed or disappeared during the occupation,."


For more information on the massacre see http://etan.org/timor/SntaCRUZ.htm. ETAN on the web: http://www.etan.org. Twitter: etan009
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Guatemalan path for Indonesian justice

Guatemalan path for Indonesian justice
By Andrew de Sousa*
Over two months ago, a packed courtroom in Guatemala City appeared to be in chaos. Many were in tears as the room filled with cries of "justicia!". The former military dictator General Efrain Rios Montt, meanwhile, was surrounded to ensure he would not escape.

What many assumed to be impossible had happened: someone was being held responsible for some of the worst human rights abuses of the past century, the genocide of the indigenous Maya of Guatemala. Despite its notoriously corrupt judicial system, Guatemala had become the first country in the world to convict a former president for genocide in its own territory. It was a legal victory for human rights everywhere and ideally will serve as precedent for holding other leaders accountable, including in Indonesia.

While separated by some 16,000 kilometers of Pacific Ocean, Guatemala and Indonesia have similar modern histories. At the beginning of the Cold War, the United States government felt threatened by progressive, leftist movements in both countries. A decade before the Central Intelligence Agency supported General Suharto's rise to power, the democratically-elected Guatemalan president Jacobo Arbenz was ousted in a CIA-backed coup d'etat, just two years after legalizing the communist party and 18 months into a modest land reform program perceived as a threat to US business interests.

Throughout the Cold War, the US provided support to both the Indonesian and Guatemalan militaries under the pretext of stopping the spread of Communism. Just as perceived links to the Communist Party of Indonesia, or Partai Komunis Indonesia (PKI), or Chinese ethnicity were used to justify the massacre of as many as one million Indonesians, the Guatemalan military killed an estimated 200,000 mostly unarmed indigenous Mayans who were assumed to be guerrilla sympathizers based solely on their ethnicity. Before the purge, the PKI was the world's largest non-ruling communist party.

In the late 1970s and early 1980s, while the Indonesian military's atrocities extended to the annexed island of East Timor, now known as Timor-Leste, across the Pacific a succession of military regimes increased their repression of the Guatemalan people. While thousands of activists were disappeared in the cities, the military conducted a scorched earth campaign against the entire Maya population.

While then US president Ronald Reagan applauded the "wise and steadfast leadership" of General Suharto, his praise for Guatemalan General Rios Montt was even more effusive. According to Reagan, the military dictator who oversaw the 16 bloodiest months of the 36-year conflict in Guatemala was "a man of great personal integrity and commitment".

The conflict in Guatemala officially ended with the signing of the 1996 Peace Accords. The government agreed to uphold international human rights standards, end extra-judicial or clandestine security forces, stop extra-judicial executions and enforced disappearances, and create a United Nations-supported Historical Clarification Commission. The commission found that acts of genocide had occurred, with successive military governments responsible for 626 separate massacres and 93% of the deaths during the conflict, with 83% of the victims being indigenous Maya.

Still, for almost 15 years after the Peace Accords, Guatemalan courts refused to hold high-ranking officials responsible for the atrocities of the 1980s. A group of brave Maya survivors, organized as the Association for Justice and Reconciliation (AJR), helped to change that.

In 2000 and 2001, AJR filed legal charges of genocide, crimes against humanity, and war crimes against two former presidents, Romeo Lucas Garcia and Rios Montt, and their top military commands. The move appeared quixotic: Rios Montt enjoyed immunity as a sitting member of parliament, and his political ally, Alfonso Portillo, was president. With a lack of political will among judges and public prosecutors, the case stalled under the regularly filed appeals of defense lawyers.

In 2006, however, the system began to change. The UN created an International Commission against Impunity in Guatemala, placing an international prosecutor in Guatemala to target organized crime. Then, in 2011, four low-level former soldiers were convicted and sentenced to 6,060 years in prison each for their role in the 1982 Dos Erres Massacre, the first time members of the military were found guilty for atrocities committed during the 1980s. A year later a fifth soldier was convicted and sentenced. When Rios Montt left parliament in 2012, he was placed under house arrest pending trial.

Within a year, Rios Montt was before a three-judge panel. Over six weeks, the court heard evidence of the military's systematic rape, torture and murder of rural subsistence farmers targeted merely for being from the Ixil Maya communities. Experts provided evidence that Rios Montt was fully aware and in command of these scorched earth operations, making him culpable of genocide. Rios Montt was sentenced to 80 years and immediately taken to prison.

On May 20, in an unprecedented ruling 10 days after the conviction, the Constitutional Court annulled the second half of the trial. Rios Montt was back under house arrest and many lamented a major defeat for the pursuit of justice. While the reversal was unwanted, for those most involved it was far from unexpected. From the beginning, the trial was not only about Rios Montt but also about to create a process of justice for Guatemala as a whole - and the elite in particular - to acknowledge that what had happened to the poor and indigenous Ixil Maya population was illegal and wrong.

The trial gave the people of Ixil a national stage to tell their story. Their testimony was broadcast and the public heard how children were forced to watch their parents being killed and fetuses ripped from their mothers' wombs. A former solider testified how the current president, Otto Perez Molina, ordered his troops at the time to burn villages and kill anyone who tried to escape. The most powerful message of all was "si hubo genocido!", or that genocide did occur. This motto was a rallying cry for an emboldened fight for justice - what was once only said in private or abroad was now in the open.

While impunity still reigns in Guatemala, it is only a momentary victory. The testimony of dozens of survivors, built upon decades of struggle and resistance, engendered hope more powerful than any court ruling. By refusing to let those in power silence them, some of the poorest and most oppressed people in the Western Hemisphere were able to accomplish the impossible. By holding Rios Montt accountable, if only temporarily, they have shown that it is possible for justice to prevail in even the most unlikely of circumstances.

Who is to say that the same cannot happen in the courts of Jakarta or the fledgling legal system in recently independent Timor-Leste? Certain prominent Indonesian politicians, including former military generals and at least one presidential hopeful, could easily be found culpable for human rights abuses if justice was legitimately pursued. While Guatemala's fight for justice has only now gained traction, 15 years after the initial calls ofreformasi and Indonesia still has not come to terms with its genocidal past.

In the words of Guatemalan genocide survivor Edwin Canil, "This has got a long way to go yet. It's just a question of who gets tired first: them or us. But we're still here and staying firm."

* Andrew de Sousa is with the Bangkok-based Focus on the Global South and a member of the board of the East Timor and Indonesia Action Network (ETAN),

also published in Speaking Freely at Asia Times Online 

(Copyright 2013 Andrew de Sousa) 
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ANTI: We are very sad because you are starting to forget and ignore the history of suffering and the past that is still painful!

A-N-T-I
THE TIMOR-LESTE NATIONAL ALLIANCE FOR AN INTERNATIONAL TRIBUNAL
Aliansa Nasionál Timor-Leste ba Tribunál Internasionál

We are very sad because you are starting to forget and ignore the history of suffering and the past that is still painful!

 
ANTI is aware that every act of murder committed against Timorese citizens was done by those who were following instructions of their commander, namely Prabowo.
Today is the third day of the Development Partners Meeting in Timor-Leste. ANTI notes that the agenda for the Development Partners Meeting did not touch on the issue of justice, especially past human rights violations. We consider that the donors have only demonstrated a "half-hearted approach" or have not shown that they are serious about dealing with development issues in a comprehensive manner. 
Therefore gaps/inequalities continue to be created in society.
In accordance with news announced by the Antara News Agency on 10 June 2013 a meeting took place between Prabowo Subianto, Wiranto and Mari Alkatiri in Jakarta, Indonesia. Timorese leaders and the principal perpetrators of human rights violations have already met on numerous occasions since 2004. According to the aforementioned news report Mr. Mari Alkatiri visited the GERINDRA Party to meet with Prabowo and the GERINDRA Party leadership. Prabowo said that this visit was a special visit for Prabowo and his leadership. This news shocked the Timorese community because it reminds us of the atrocities committed by the Indonesian military, especially KOPASSUS, against innocent civilians in Timor-Leste during the occupation by the military regime.

Alkatiri (left) meets with Prabowo (right) 
Alkatiri (left) meets with Prabowo (right) 
We are reminded of the human rights violations committed by Indonesia, especially those committed by KOPASSUS. The CAVR report indicated that there was a sharp increase in sexual violence during the mass arrests that took place between 1978-1983. After 1983 Kopassandha/Kopassus (Indonesian Special Forces) committed more than 100 arrests and incidents of torture in Mauchiga (Hatu Builico, Ainaro) and Kraras, Bibileo, (Viqueque). Prabowo was directly involved in the Craras Massacre in Bibileo. In addition, Prabowo?s men were also involved in the Santa Cruz Massacre (1991).

A number of cases involving sexual violations occurred in military posts or on military bases. In 1976, Prabowo was the platoon commander of the Group 1 Sandhi Yudha Troop Command (Kopassandha) that started to lead operations carried out by the
Nanggala Team in Timor-Leste.

We know for sure that he was involved in human rights violations committed in 1983, and at that time he was a captain.

It is very strange that Prabowo was a commander at that time and that he has not been held accountable for human rights violations that he committed together with his men. ANTI is aware that every act of murder committed against Timorese citizens was done by those who were following instructions of their commander, namely Prabowo.
Based on the CAVR report, approximately 102,800 people died as the result of murder, hunger and disappearances that occurred during the conflict. However, there are several estimates that are much higher than the one mentioned in the CAVR report. In addition, approximately 250,000 people were forced to flee to Indonesia and more than four thousand children were taken by Indonesia and until now their families don't know about their circumstances. More than 800 people were victims of forced disappearances and until now their whereabouts are unknown.

At the end of "Black September" in 1999, the UN Commission for Human Rights held a plenary session to discuss human rights violations in Timor-Leste. This special plenary session was the fourth special session conducted in the history of the Commission. The Commission strongly condemned the planned and systematic "crimes against humanity and violations of international humanitarian law" and called for the perpetrators of these crimes to be prosecuted. The Commission also requested to the UN General Secretary to set up a Commission of Inquiry. Not long after, Kofi Annan set up an International Commission of Inquiry on East Timor (ICIET). ICIET was able to fulfill its mandate by visiting Timor-Leste and Indonesia between November ? December 1999. ICEIT concluded that "a wide range of human rights violations and crimes against humanity and crimes against international humanitarian law had occurred over a long period of time that included intimidation, terror, destruction of property, violence against women and forced removal" At the same time the UN sent three special rapporteurs to Timor-Leste in December 1999. These special human rights envoys recommended for the UN to establish an International Court if the Indonesian government fails to effectively bring the main perpetrators of crimes to justice.

When the ICIET released its report, the UN High Commissioner for Human Rights Mary Robinson stated that "the report of the Commission of Inquiry has sent a message to the people of Timor-Leste that the international community has not forgotten their suffering. I hope that those that are responsible for the atrocities committed in Timor-Leste are held accountable so that there is no impunity"

However, until now the perpetrators have not yet been held accountable for the human rights violations that they committed. More disappointingly, cases involving serious crimes are starting to be forgotten and ignored. How can the chain of impunity be broken if there is no formal process to try the main perpetrators of human rights violations that occurred in Timor-Leste during the occupation? 

Therefore, ANTI calls for and demands the commitment of the international community to provide accountability for violations that occurred in Timor-Leste during the Indonesian occupation via a fair and credible process.
  1. We request for the international community, including the people of America, England, France, Holland, Norway, Germany, Australia and Latin America, Africa and Asia to be morally responsible in accordance with international humanitarian law. ETAN and Amnesty International in particular need to keep focusing attention and following up on serious crimes cases that occurred in Timor-Leste.
     
  2. We urge the donors to pay attention to crimes against humanity that occurred in Timor-Leste during the occupation by the Indonesian military to ensure that there is a legitimate process to break the chain of impunity because problems from the past will reflect on the development of democracy now and in the future.
ANTI considers that it is unfair for the international community to once again abandon us, and make that people of Timor-Leste the ones who have to be responsible for demanding accountability for human rights violations that occurred in Timor-Leste.

Dili, 20 June 2013

Members:
  1. Asosiasaun HAK
  2. JSMP (Judicial System Monitoring Program)
  3. La'o Hamutuk
  4. Fokupers
  5. Asosiasaun Chega ba Ita (Acbit)
  6. MDI
  7. CDI
  8. Luta Hamutuk
  9. Kadalak Sulimutu Institutu (KSI)
  10. Asososiaun Vitima 74-99
  11. Timor-Leste Student Front
  12. Forum Tau Matan (FTM)
  13. Sek. Fongtil
  14. Haberan Institute
  15. Asean Justice and Rights (AJAR) - Timor-Leste
see also Human Rights & Justice page
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