* Justice for the People of Timor Leste
* Serious Crimes Process in Timor Leste
* Ad Hoc Human Rights Tribunal in Indonesia
* International Responsibility to ensure Justice
* Recommendations: Timor Leste
* Ending Impunity and Human Rights Abuses in Indonesia
o Aceh
o The Need for UNCHR Special Procedures in Indonesia
* Recommendations: Indonesia

Justice for the People of Timor Leste

The judicial processes related to the 1999 violence in Timor Leste have failed to meet the Timorese people's need and desire for justice. Despite well-documented evidence, not a single Indonesian civil or security official responsible for the atrocities has been held accountable for their actions. In fact, the vast majority of those who have been accused of committing serious crimes against the people of Timor Leste continue to enjoy impunity.

Serious Crimes Process in Timor Leste

The UN High Commissioner for Human Rights December 2004 report on the human rights situation in Timor Leste concluded that, "...jurisdictional limitations and the time frame established by the Security Council has
limited [the Serious Crimes process'] ability to fully meet Timorese aspirations for justice." (E/CN.4/2005/115)

Indonesia has refused to extradite those whom the Serious Crimes Unit (SCU) has indicted, and because the court's jurisdiction is limited to Timor Leste, prosecution of several hundred cases has not been possible. The case of retired General Wiranto highlights this critical problem: In February 2003, the SCU filed an indictment of crimes against humanity against Wiranto and then issued an arrest warrant for him in May 2004. Although
prosecutors said that all countries had an obligation to detain the ex-general, Indonesia insisted that it would not recognize the jurisdiction of the tribunal and refused to respect the arrest warrant. Wiranto enjoys impunity to such a great extent that he was nominated by Indonesia's traditional ruling-party, and ran as one of the top candidates in the 2004 presidential elections.

Ad Hoc Human Rights Tribunal in Indonesia

By all accounts, including that of the UN High Commissioner for Human Rights, the outcome of Indonesia's Ad Hoc Human Rights Tribunal is extremely disappointing. All but one conviction has been overturned, including that of the highest ranking military commander. The only person convicted is Eurico Guterres, an ethnic Timorese who remains free pending the Supreme Court's decision on his appeal. No other indictments have been issued.

There has clearly been no genuine effort to punish perpetrators or maintain minimum standards of independence and impartiality. Human Rights Watch (2004) has reported political interference in the Ad Hoc tribunal process, commenting that the Indonesian military still wields enormous influence over the judiciary. Impunity is a deeply rooted problem in Indonesia, and as recommended by the UN High Commissioner for Human Rights, "Attention must continue to be paid in the national context to the dialogue concerning justice and accountability." (E/CN.4/2005/115)

International Responsibility to ensure Justice

The UN and its member states have a particular obligation to ensure justice for the victims of the crimes committed in Timor Leste. This special responsibility has been affirmed by the International Commission of
Inquiry, the demands of UN Security Council Resolution 1272, and the UNCHR resolution on East Timor adopted in September 1999. Subsequently several UNCHR Chairperson's statements have reminded the international community of this responsibility,

In December 2004, the UN High Commissioner for Human Rights commented that, "It is positive that Security Council members and more generally, the international governmental and NGO community have stressed the importance of providing accountability for the events of 1999.[and] the Secretary General has also stated his commitment to look at options for accountability." (E/CN.4/2005/115)

Kofi Annan's proposal to create a Commission of Experts (COE) to assess the technical and political obstacles to achieving justice for East Timor is a concrete step in the direction of achieving justice. KAIROS partners and human rights organizations in Indonesia support the COE and call on Indonesia and Timor Leste to cooperate with this review process as part of their commitment to end impunity. There is strong opposition by civil society groups in Indonesia and Timor Leste to the Truth and Friendship Commission (TFC) proposed by their two governments (see attached statement by KAIROS partners). The TFC is viewed as a disingenuous and illegitimate initiative that will not achieve justice and accountability.

Recommendations:

Canada should advocate for a UNCHR 61 Chairperson's statement on Timor Leste that:

1. expresses the UNCHR's great disappointment with the demonstrated inability of both Indonesian and Timor Leste judicial processes to deliver justice for the Timorese victims of the 1999 violence;

2. reiterates the special responsibility of the UN and its member states to ensure justice for the Timorese and repeats the UNCHR 60's call for the international community "to lend its support to the fight against impunity";

3. calls for international support of the UN Secretary General's initiative to create an International Commission of Experts (COE) to review the status of efforts undertaken in the region and to hold individuals accountable for war crimes and crimes against humanity committed in Timor Leste; and

4. requests the international community's financial help for continued technical assistance to build the capacity and ensure the sustainability of governmental and civil society institutions mandated to protect and promote
human rights in Timor Leste.

In its interventions at UNCHR 61 and bilateral meetings, Canada should press Indonesia to:

1. cooperate fully with any review of its Ad Hoc Human Rights Tribunal for East Timor which may be undertaken by the UN, such as the proposed Commission of Experts;

2. comply with UNCHR resolutions passed in previous years that relate to justice for the victims of the human rights violations committed in Timor-Leste in 1999 ; and

3. cooperate fully with the Serious Crimes process in Timor-Leste by entering into extradition and mutual legal assistance agreements.

Ending Impunity and Human Rights Abuses in Indonesia

As Professor Geoffrey Robinson, director of the Centre for Southeast Asian Studies at UCLA asserts, the question of justice for the East Timorese has".consequences for Indonesia. The failure to punish those who were responsible for these crimes perpetuates a cycle of disrespect for justice. If these well-documented crimes in East Timor go unpunished, nothing need be punished." (Speech delivered at UCLA, May, 2004)

The Indonesian legal system has already proven itself incapable of holding perpetrators of human rights violations and crimes against humanity to account. Consequently, these individuals, many of whom are from the military, continue to commit abuses with impunity and hold positions of great influence and power.

Until the persistent and deeply rooted problems of impunity and militarism are properly addressed, the human rights situation in Indonesia, and especially in Aceh, will remain critical.

Aceh

There continues to be widespread human rights violations in Aceh as a result of the largest military operation since the invasion of East Timor in 1975. Although the region is experiencing a humanitarian crisis in the
wake of the December 26, 2004 tsunami-earthquake disaster, military operations and violence against the civilian population continue.In May 2003, martial law was imposed on Aceh and approximately 40,000 troops were deployed to the province. Although martial law was downgraded to a state of civil emergency one year later, military operations continued to result in widespread human rights violations including, extrajudicial killings, forced disappearances, arbitrary arrests, torture and rape. There were approximately 2,000 casualties during the period between May 2003-December 2004, and according to military reports, an additional 200
have been killed in combat operations since the tsunami hit the region.Violence against civilians

While the military claims that most past and current casualties are separatist fighters (GAM), Indonesian and international human right groups, including the government's own human rights commission, assert that most of
the dead and victims of abuse are civilians. KAIROS partners and human rights organizations have documented evidence that the military often does not distinguish between GAM members and non-combatants. Their investigations have also shown that while the GAM is also guilty of atrocities, the majority of human rights violations against the civilian population are committed by Indonesian security forces.

The military has publicly acknowledged that troops in Aceh are guilty of hundreds of violations, but there has been no accountability for abuses such as the torture and killing of civilians. The military continues to
operate with impunity; and KAIROS partners and several other human rights organizations continue to report serious abuses against innocent civilians.

Human Rights Defenders

KAIROS partners and other human rights defenders have been targeted and subject to abuse by the military as well. With the imposition of martial law, civil liberties were curtailed, internationals and foreign media were
banned from Aceh, and many non-governmental organizations, students and politicians were labeled and subsequently targeted as GAM sympathizers. Human rights organizations, such as one of KAIROS' partners, suffered violent persecution and were driven out of the province or forced underground. Despite these difficult circumstances, our partner and other groups continue to monitor and report human rights violations.

Even human rights defenders who work outside of this war-torn province have been targeted for their criticism of the military's role in Aceh and elsewhere in the country. In June 2004, Sidney Jones of the International
Crisis Group was expulsed from Indonesia, and in September, Indonesia's pre-eminent human rights defender, Munir, was tragically killed. No one has been arrested in connection with Munir's murder, and there is criticism of the government's ongoing investigation.

The Need for UNCHR Special Procedures in Indonesia

The grave human rights situation in Indonesia clearly deserves international scrutiny and accountability within multilateral processes. Toward this end, the Special Procedures of the UNCHR should be allowed to
investigate, monitor and publicly report on the human rights situation in the country.

While some Special Procedures have been permitted in Indonesia, the government has declined to issue invitations to others despite repeated requests. The Special Rapporteur on torture, and the Special Representative of the Secretary-General on human rights defenders have not been welcomed to the country, and no special procedure has been allowed in either Aceh or Papua. The Special Rapporteurs on torture and on violence against women have specifically requested visits to these conflict-ridden regions.

With the Indonesian Ambassador's recent appointment as chair of the UNCHR, it is incumbent on his country to demonstrate its commitment to the international promotion and protection of human rights. At a minimum,
Indonesia should support the role of the UNCHR and its Special Procedures in pursuing these goals.

Recommendations

In its Item 9 speech and all its interventions at UNCHR 61, Canada should:

1. express grave concern about serious human rights abuses and impunity in Indonesia, particularly in Aceh where ongoing military operations have resulted in gross human rights violations against the civilian population; and

2. press Indonesia to extend a standing invitation to the Special Procedures of the Commission and to co-operate with their requests to undertake visits to all parts of the country, especially Aceh and Papua.

In its engagement on human rights issues with Indonesia in the future, Canada should

1. reconsider the effectiveness and suitability of its bilateral human rights dialogue with Indonesia. The country's critical human rights situation and persistent problems of impunity and militarism merit international scrutiny in multilateral fora such as the UNCHR.

2. consider sponsoring a resolution on Indonesia at UNCHR 62.

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