Received via Tapol
58th Session of the Commission on Human Rights
(Geneva, 18 March-26 April 2002)
AGENDA ITEM 9
CHAIRPERSON'S STATEMENT
SITUATION OF HUMAN RIGHTS IN EAST TIMOR
19 APRIL 2002
1. The Commission recalls the Chairperson's Statement on the situation
in East Timor issued at previous sessions, which were the result of
constructive discussions, in particular, the statement at its fifty-seventh
session, and takes note of the report of the High Commissioner for Human
Rights to the Commission on Human Rights on the situation of human rights
in East Timor in its 58th session (E/CN.4/2002/39), the report of the
High
Commissioner for Human Rights to the General Assembly (A/56/337), the
reports of the Secretary General to the Security Council (S/2001/983 and
Corrig. 1; S/2002/80) and the Statements of the President of the Security
Council (S/PRST/2001/23; S/PRST/2001/32)
2. The Commission acknowledges relevant Security Council and other
United Nations resolutions on the situation on East Timor.
3. The Commission expresses its acknowledgement to the Secretary
General's Special Representative in East Timor and to UNTAET, the UN
Transition Administration in East Timor, for the work carried out in the
transition to independence.
4. The Commission warmly welcomes the forthcoming independence of East
Timor and encourages the future East Timorese Government to continue to
build on human rights achievements and in particular to sign and ratify
international human rights treaties as soon as possible, including
international conventions concerning refugees. The Commission welcomes
that
the new Constitution gives primacy to the protection of human rights and
incorporates fundamental rights in line with the Universal Declaration
of
Human Rights. The Commission urges the future Government of East Timor
to
ensure that all legislation that will be adopted from the beginning if
its
mandate will be consistent with international human rights standards.
5. The Commission emphasises that on the 1st November 2001 an East
Timor Advisor on Gender Equality, dependent on the Prime Minister, started
to perform her duties. The Commission assesses that the Advisor and her
bureau have taken on the functions related to the UNTAET Gender Affairs
Unit, being thus devoted to giving support to the formulation and
implementation of official policies concerning the equality of men and
women, designing strategies and methodologies in this regard and promoting
co-ordination and co-operation in the central government and districts.
6. The Commission welcomes the steps taken by the judicial system in
East Timor concerning the indictment and judging of suspects accused of
crimes against humanity and other serious crimes committed during the
violence of 1999. It encourages further efforts in this regard and
reiterates the need of continuing international assistance to the
strengthening of the justice system in East Timor, in order to allow it
to
fully promote the protection of human rights, carrying on with the
investigations and addressing also domestic violence and the protection
of
religious and ethnic minorities. It welcomes the establishment of the
Reception, Truth and Reconciliation Commission, and emphasises, without
prejudice to efforts to address impunity through judicial remedies, the
relevance of the reconciliation process and the promotion and protection
of
human rights for the social and political stability in East Timor.
7. The Commission recalls and reaffirms the Chairperson's Statements
on
the situation of human rights in East Timor at previous sessions and in
this connection welcomes the important steps taken by the Government of
Indonesia to bring to justice the perpetrators of cases of gross human
rights violations in East Timor in the period leading up to and immediately
following the popular consultation held in August 1999, notably the
establishment of and the commencement of the work of the ad hoc Human
Rights Court. The commission recalls the commitment of the Government
of
Indonesia to bring to justice, in the context of respect for international
standards of justice and fairness, those responsible for violations of
human rights and humanitarian law in East Timor. The Commission encourages
the Government of Indonesia to take further steps in the investigation
of
the murder of journalist Sander Thoenes and expresses the hope that the
perpetrators of the murder be brought to trial.
8. In this regard, it underlines the importance of bilateral
international assistance, as well as of technical co-operation between
the
Government of Indonesia and the office of the High Commissioner for Human
Rights, to enhance the capacity of the human rights courts. The Commission
welcomes the agreement of UNTAET/East Timorese authorities and the
Government of Indonesia to strengthen ongoing co-operation on judicial
matters and reiterates the importance of such co-operation. It commends
the
efforts by the Government of Indonesia and the UN Office for the
Coordination of Humanitarian Affairs to find an early durable and
comprehensive solution to the question of East Timorese refugees in West
Timor, East Nusa Tenggara Province, in particular through the Government
of
Indonesia-United Nations Joint Appeal launched on 27 November 2001, which
refers, inter alia, to the ongoing voluntary repatriation programme.
9. The Commission decides to keep these matters under consideration
and
requests the High Commissioner for Human Rights to submit an interim report
to the General Assembly at its fifty-seventh session and to report to
the
Commission at its fifty-ninth session.