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 report can be found at http://www.ohchr.org/english/ in English, Tetum, Portuguese, and Bahasa Indonesia.

Since 1991, ETAN (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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