also: East Timor refugees reregistered
The Jakarta
Post
August 7, 2003
Opinion
Only justice can build Dili-Jakarta relationship
Aderito de Jesus Soares, Center for Constitutional Rights (CCR), New York City
Jakarta's
"theater of justice on East Timor" is nearing its end, when
the ad
hoc human rights tribunal on Tuesday sentenced Maj.Gen. Adam Damiri to
three
years in jail for his involvement in the 1999 devastation in East Timor,
while
letting him free pending his appeal. The court has so far acquitted 12
of the
18 brought to trial.
The Jakarta
court is clearly a sham, despite its verdict on Maj.Gen. Adam,
and the trials have been flawed, unfair and unprofessional. From the outset,
it
was inconceivable that an independent court could be run by the same people
who have long been involved in such a corrupt justice system.
The situation
is worsened by the powerlessness of the Special Panel Court
established by the UN in East Timor, to bring the "big fish"
in Jakarta to trial.
There is
no other alternative to uphold justice but to establish an
international tribunal to process the atrocities that took place in East
Timor. This is
to serve the interests of both East Timor and Indonesia.
For East
Timorese victims, the enforcement of justice will help them build a
new future with their new state and will also respect their dignity as
a
nation.
As for Indonesia,
holding accountable those who committed heinous crimes will
deter others and will help prevent similar atrocities in Aceh, West Papua
and
elsewhere in the archipelago. A tribunal could also act as a starting
point
to reform the whole judiciary in Indonesia, as well as being a real effort
to
move towards real democracy.
The Indonesian
judicial system has failed. It has lost credibility in the
eyes of the Indonesians and the international community. Post-Soeharto
political
reform in Indonesia will never be accomplished until its military is held
accountable for past human rights abuses. East Timorese victims should
not have to
wait while Indonesia's judicial system is reformed and rebuilt.
Since the
August 1999 referendum, East Timorese leaders have worked hard to
strengthen ties with Indonesia at the cost of justice. Visits to Jakarta
by
East Timorese foreign minister Jose Ramos-Horta, Prime Minister Mari Alkatari
and
President Xanana Gusmao demonstrate this commitment.
Two years
ago, Xanana gave a "warm hug" to the notorious Army Special
Forces
commander Lt. Gen. (ret) Prabowo Subianto, son-in-law of former president
Soeharto. Human rights advocates were deeply disappointed by Xanana's
warmness
toward the general, who has been accused of serious human rights violations
in
both Indonesia and East Timor. They were surprised by how easily East
Timorese
leaders put aside the past.
The East
Timorese government has acted pragmatically in establishing its
relationship with the Indonesian government for several reasons. This
is
especially true when it comes to dealing with the brutal abuses committed
by the
Indonesian Military in East Timor.
First, the
tiny and poor country still faces the possibility of retaliation
by Jakarta.
Second,
subversive activities by rogue military elements and militias remain
a strong possibility, as shown by attacks allegedly carried out by military
elements and former militias in January and last December.
Finally,
Dili has strong economic interests, especially regarding trade with
Indonesia. Costs are substantially lower when East Timor buys goods from
Indonesia rather than Australia.
East Timor's
president and foreign minister have consistently advocated this
pragmatic position, especially when it comes to prosecuting Indonesian
officials who orchestrated gross human rights violations in East Timor.
Prime Minister
Mari Alkatiri's stance was different in the beginning. He has
openly described the ad hoc human rights court in Jakarta as seriously
flawed
and called for an international ad hoc tribunal. Unfortunately, on his
recent
visit to Jakarta, the Prime Minister softened his position by declaring
that
his government would not push for an international tribunal.
All three
leaders now share the same view that the international community
bears the chief responsibility to advocate and establish an international
tribunal. While recognizing that serious abuses have taken place, they
want to avoid
offending Jakarta, and so refuse to publicly call for the most likely
methods
of holding top officials accountable.
Examples
of gross human rights violations that fall under the categories of
crimes against humanity and war crimes during Indonesia's occupation are
legion. Indeed, the UN Independent Commission of Inquiry specifically
called for an
international tribunal to try those who committed such crimes in East
Timor
during the post-referendum massacre. However, the UN put the recommendation
on
hold when it gave the Indonesian government a chance to try the alleged
perpetrators through its own judicial system.
It is nearly
impossible even to try and imagine that those who were
responsible for the massacre will be punished for their crimes against
humanity, if we
only depend on Indonesia's generosity. Therefore, an international court
should be established to process these crimes against humanity.
The writer
is a human rights lawyer from East Timor, who obtained a Masters
in Law from New York University Law School.
---------------------------------
The Jakarta
Post
August 7, 2003
East Timor refugees reregistered
KUPANG,
East Nusa Tenggara: Authorities have began the reregistration of
thousands of East Timorese refugees languishing in camps across East Nusa
Tenggara
(NTT) to determine their citizenship, officials said.
The program
is implemented on the basis of Presidential Decree No. 25/2003
ordering registration of East Timorese refugees ahead of the 2004 elections.
The registration
will exclude former East Timorese civil servants, including
soldiers and police officers, as they are automatically considered Indonesian
citizens for their service to the country, said spokesman for the NTT
administration Johanis Kosapilawan.
He said
on Monday the registration also aims to determine the exact number of
East Timorese refugees living in the camps.
It is expected
that the registration will assist the refugees' to participate
in the 2004 general elections.--JP
Only a panic reaction
The financial market predictably reacted quite negatively to the terrorist
bomb attack at the J.W. Marriott hotel here on Tuesday, as evidenced by
the 3.1
percent decline in the Jakarta stock exchange main index and the 2.1 percent
depreciation of the rupiah
.
However, the negative sentiment seemed short-lived, reflecting more a
panic
reaction rather than a great concern over the economic fundamentals, as
the
market immediately began to rebound, though slightly, on Wednesday.
This development
once again demonstrates the strength and resilience of
macroeconomic stability. A similar trend took place in the aftermath of
the
October, 2002 terrorist bomb attack in Bali, proving that the market has
been more
rational, more able to distinguish the main factors that influence economic
fundamentals from developments that could turn out to be only isolated
incidents.
Senior economic
officials and analysts also share the same view that the
blast at the Jakarta business hotel would not significantly affect the
market
perception of the economic outlook for the rest of the year.
This optimism,
however, is heavily qualified, as it assumes that a similarly
devastating bomb attack will not occur in another public place in the
near
future and that the police will soon be able to solve the Marriott bombing
case.
Certainly,
the impact of Tuesday's terrorist bombing should not be
exaggerated. But complacency and a laid-back attitude, expecting that
things would
automatically become normal again, is not well advised either.
However
short-lived the market panic seemed to be, the Marriott bombing
surely added a new negative factor to Indonesia's overall outlook. The
bomb blast
in the heart of Jakarta heightened security concerns, thereby increasing
Indonesia's country risks.
This in
turn will raise the costs of Indonesian borrowing from the
international market at a time when the government and an increasing number
of private
and state companies are planning to float foreign-currency debt instruments.
The bitter
fact that even such a prestigious business hotel as J.W. Marriott,
which is well known for its elaborate security system, turned out to be
highly vulnerable to a terrorist bomb attack, is making foreign visitors
more
jittery about Indonesia's security situation.
This concern
would not only further dampen whatever little confidence foreign
investors still have in the country but could prompt existing investors
to
put on hold any business plans, especially in connection with the political
turbulence and high emotions the nation will likely face during the 2004
election.
Whether
the financial market will regain the losses incurred by the bomb
attack and soon return to the path of robust recovery for the rest of
the year
will depend on new positive factors the government could create within
the next
few weeks.
A quick
investigation and solving of the incident and the establishment of
effective security precautions at public places are surely positive factors
that
could accelerate the recovery process.
Timely and
adequate intervention by Bank Indonesia into the foreign exchange
market could arrest speculative attacks on the rupiah and prevent a negative
self-fulfilling prophesy about the country's economic condition.
A credible
verdict for the first defendant in the Bali bombing scheduled to
be meted out on Thursday also would help increase public confidence in
the
government's ability to handle terrorists.
The restoration
of confidence would be accelerated if the 2004 draft budget
the government will propose to the House of Representatives on Aug. 15
is
perceived by the market as realistic, especially with regard to the assumptions
to
be taken for fiscal sustainability. The market sentiment would be more
bullish
if the new reform agenda, which will be unveiled next week to replace
the
reform program with the International Monetary Fund next year, is highly
credible.
The confidence-building
process will be faster if the current review by the
IMF of Indonesia's policy performance for the third quarter concludes
with a
positive endorsement.