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East Timor News Digest 3 - January 27-February 9, 2003
Lusa - February 7, 2003
Dili -- The commander of Australian UN peacekeepers in East Timor
has dismissed reports that former anti-independence militiamen
have infiltrated from Indonesia and were behind recent attacks on
Timorese villages.
"I firmly believe that there are no militias or armed groups
crossing from [Indonesian] West Timor to East Timor", Lieutenant
Colonel Michael Lean was quoted as saying Thursday by Australian
daily "Courier Mail". "That does not mean that there aren't
certain criminal elements with access to arms who committed the
horrible acts in Atsabe", he added, referring to attacks on two
villages on January 4 that killed six people.
Lt. Col. Lean, whose Australian troops are responsible for
security along part of the Indonesian-East Timor border, said
those attacks had likely been carried out by "criminals" bent on
robbery and extortion. Information gathered by his units linked
the attacks in Atsabe, some 60 kms southwest of Dili, to the
theft of about USD 40,000 and jewels, assets that could be used
in coffee and lumber contraband operations, the newspaper cited
the officer as saying.
In the wake of those attacks and other violence, a captured
alleged militiaman told interrogators last month that at least
seven armed groups had infiltrated East Timor since December. He
said the groups, bent on destabilizing the country, had been
organized in West Timor by pro-Jakarta Timorese, including a
chief sergeant in the Indonesian army.
The "Courier Mail" cited other UN peacekeeping officials as
casting doubt on reports of subversive infiltrations, quoting
Thai Major Nutt Sri-In as saying that Dili's security problems
were "internal, not external".
Sydney Morning Herald - February 3, 2003
Jill Jolliffe, Hatolia -- The United Nations is in a quandary
after insecure border villagers demanded that it extend a
controversial military operation that has resulted in mass
arrests.
The UN deputy administrator in East Timor, Sukehiro Hasegawa,
visited the town of Hatolia on Thursday in response to residents'
letters asking for the newly formed East Timor Defence Force to
remain in the area to protect them. Their operation was due to
end yesterday, but is under review.
Seven people died in attacks at nearby Atsabe in early January,
apparently by militia infiltrators from West Timor.
Angry townsfolk confronted Mr Hasegawa. A former guerrilla,
Afonso Martins, told him: "I was a resistance commander and can
mobilise my men again if you don't protect us."
Others said they would dump bodies outside government buildings
in Dili if their demands were not met.
Human rights organisations have criticised a January 6 agreement
between the UN and the Dili Government after the Atsabe attacks,
allowing East Timorese soldiers to take over security from UN
peacekeepers.
The agreement has allowed the East Timor Defence Force to
question and arrest civilians, and has thrown East Timor's
fledgling judiciary into turmoil, creating a tug-of-war between
the army and human rights activists.
Members of the Colimau 2000 sect have been accused of involvement
in the Atsabe attacks and arrested en masse. The courts later
freed them.
Mr Hasegawa stood his ground with the villagers. He insisted that
law and order was a police matter in the new democracy, and no
one should be arrested without evidence.
"Do not make the same mistakes of the past 24 years, when the
Indonesians set up their administration," he said. "They used
their forces to round up anyone against it."
At the centre of the conflict is the hamlet of Leimea Kraik,
where up to two-thirds of residents support Colimau 2000, one of
many cults springing up in rural areas as a result of poverty and
unrealistic hopes for independence. Their mainly illiterate
followers believe that certain dead resistance heroes will be
reborn and emerge from the jungle.
Colimau 2000 members have been imprisoned in the past for
terrorising their neighbours to extort money. The main difference
between it and other sects is its proximity to the border and its
support in refugee camps on the Indonesian side, making it more
vulnerable to manipulation by third parties.
Civil war ignited in this area in 1975, paving the way for
Indonesia's invasion.
Timor Gap
Human rights trials
News & issues
International solidarity
East Timor media monitoring
Militia/boarder issues
UN commander dismisses reports of militia infiltration
Threatened Timorese town seeks troops
Australia's peacekeeping efforts in the spotlight
Radio Australia - February 4, 2003
To East Timor, where a reported militia insurgency has put a spotlight on Australia's peacekeeping efforts in properly securing the border. Local authorities say they're struggling to repel fresh militia raids from West Timor, prompting calls for a tougher Australian stance on border security. It comes just one month after seven people were killed in attacks on villagers in the western part of East Timor. But Australia's contingent -- which is part of a multinational peace keeping force in East Timor -- has defended its performance
Presenter/Interviewer: Quinton Temby, East Timor
Speakers: Brigadier General Justin Kelly, deputy commander of the Peacekeeping Force; Lieutenant Colonel Michael Lean, commanding officer of the Australian Battalion; UN Police Commissioner Peter Miller
Temby: Last month an attack by assailants with automatic rifles left six villagers dead in the subdistrict of Atsabe. The attack came only a month after looting and burning struck the capital Dili. As the United Nations is still responsible for security in East Timor, it's the task of UN Police Commissioner Peter Miller to resolve what the government is calling a "crisis of national security."
Miller: It's a challenge us but we've had challengers before like this, we've had major problems in Bacau, we've had problems around the country with different groups. I've been here 14 months and we have had other challenges. Now suddenly it's the militia that we're hearing about, but that strikes a very raw nerve with a lot of the people because they have memories of 1999 and dates prior to that. And some of the terrible things that took place here. And I guess that's the main reason why people are very upset, but it's who might be commiting these murders and the possibility that their back.
Temby: While criticism has been leveled at the United Nations authorities for not doing enough to prevent recent security incidents, news of a militia insurgency has put the spotlight on Australia's peacekeeping operation on the border with Indonesia. According to the deputy commander of the Peacekeeping Force, Brigadier-General Justin Kelly, if armed groups have entered the country from West Timor, they've most likely passed through the Australian Battalion Area of Operation.
Kelly: We're not sure that they have actually infiltrated from West Timor, but the testimony of the couple who have been captured is to that effect that they originated in Atambua and infiltrated into East Timor in the late November, early December period.
Temby: Infiltrated in through where exactly?
Kelly: Well, the two districts are Cova Lima which is in the south or Bobonaro which is in the north and so they're very likely to have come through one of those two districts.
Temby: So we're still not sure whether they came through the Australian zone or the southern Thai zone?
Kelly: No, and we're unlikely to be sure, but if they did originate in Atambua, then Bobonaro which is in the Australian battalion AO is the most likely infiltration group.
Temby: The notion that militia could be crossing through the Australian area is vigorously disputed by the commanding officer of the Australian Battalion, Lieutenant-Colonel Michael Lean.
Lean: The key issue here is that no armed groups are crossing that line, because if there were armed groups, the Australian forces on the border or TCL would have stopped them.
Temby: In a weekend tour of the peacekeeping operation, the Australians' main message for journalists visiting from Dili was that there is no militia insurgency. The Atsabe attack, they said, was staged by local criminals targeting 40,000 US dollars in cash. Nevertheless, the Australian Battalion is serious about defending the border. Lieutenant Colonel Lean again, in a press briefing held at the massive battalion headquarters in the jungle east of Maliana.
Lean: There will be no warning shots. If they threaten us with a long rifle, we will shoot them dead. One shot, one kill.
Temby: The centerpiece of this official media visit was the graduation of East Timor's first Border Patrol Unit accompanied by the 5/7 RAR Pipes and Drums. The Unit was trained by the Australian battalion as part of a programme of withdrawing troops from border postings and transferring responsibility for security to the East Timorese police. While critics claim that this process is allowing militia to infiltrate, the Australian peacekeepers say it allows them to have more soldiers on patrol. While the anxiety and argument over border security continues, the deadline for the United Nations withdrawal from East Timor in June 2004 draws nearer.
| Timor Gap |
Sydney Morning Herald - February 4, 2003
Sarah Crichton -- The Federal Court has ruled it cannot hear a US oil company's multi-billion dollar compensation claim against the Commonwealth for loss of rights to vast oil and gas reserves in the Timor Sea.
In its decision handed down yesterday, the full bench ruled the issue could require interference in Australia's international relations and foreign policy and so the court did not have the power to act.
The majority of the full bench, Chief Justice Michael Black and Justice Donald Hill, were persuaded by a 1906 precedent, known in legal circles by its case name, the "Potter" principle -- that domestic Australian courts will not enforce rights granted by a foreign sovereign.
PetroTimor, a subsidiary of Denver-based public oil and gas company Oceanic Exploration, was granted an exploration concession for 50,000 square kilometres of the Timor Sea between Australia and East Timor in March 1974.
It had sought legal recognition of the concession, which others argued effectively became null and void as a result of Indonesia's 1975 invasion of East Timor.
The company's concession area formed much of the area covered by the 1989 Timor Gap Treaty between Australia and Indonesia.
Australia and East Timor have since reached an agreement on a new treaty, which is still subject to ratification by Australia.
PetroTimor was outraged when, rather than being given any validation of its concession, it was invited along with several other companies by the joint Indonesian-Australian authorities to bid for exploration permits for the Timor Sea after the treaty was finalised.
The company refused to bid, arguing it already held a claim to much of the "Zone A" area and hoped to proceed with separate plans to develop the Bayu Undan gasfields by building a pipeline to gas processing facilities in East Timor.
In their ruling Justices Black and Hill said: "We are of the view that ... the court would simply have no jurisdiction to adjudicate on the application of the law of Portugal in granting to the applicants [PetroTimor] the concessions to which they claim to be entitled."
PetroTimor sought more than $2 billion from the Australian Government but after dismissing the claim, the court ordered the company to pay legal costs.
Ron Nathans, litigation partner at Deacons which represented PetroTimor in the court case, said last night an appeal to the High Court was possible. "We think the High Court would be interested in revisiting this principle in light of contemporary law."
While he had not been able to receive instructions from PetroTimor US representatives in the time available, Mr Nathans believed it was "more likely than not" he would be instructed to lodge a special leave application for an appeal.
Australian Associated Press - February 3, 2003
Karen Michelmore, Darwin -- Players in the multi-billion dollar Timor Gas treaty are hopeful of an outcome within weeks, as negotiations drag on.
Northern Territory Chief Minister Clare Martin today said she was confident the federal government would soon ratify a treaty with East Timor on sharing royalties from the project.
It follows reports delays in the ratification were threatening the $3.5 billion Bayu-Undan natural gas project.
Ratification of the treaty is a key condition of petroleum giant ConocoPhillips' three million tonne per year Liquefied Natural Gas (LNG) contract with two Japanese customers.
"I spoke to the Foreign Minister Alexander Downer in Adelaide just a week-and-a-half ago ... and he's confident that that treaty will pass through parliament," Ms Martin told reporters.
"So that important ... ratification of the treaty for Phillips to make that investment decision about LNG and the pipe from Bayu- Undan will be able to go ahead. "I'm very confident it will happen."
ConocoPhillips Darwin area manager Blair Murphy today played down media reports that the project was approaching "crunch time", saying the company was "just taking it day by day".
"We are waiting to see how the approval process goes ... to say that we are going to look at it next week and look to cancel it is probably too strong," Mr Murphy said. "We are hopeful that something will happen soon."
ConocoPhillips in 2001 struck a deal with Tokyo Electric Power Company and Tokyo Gas for LNG from the Bayu-Undan field from 2006.
Under the Timor Gas Treaty, already agreed by Australia and East Timor, the struggling new nation would get 90 per cent of the royalties from the Bayu-Undan project.
But ratification has been delayed as Australia attempts to wrap up a separate unitisation deal, protecting its interest in the lucrative Greater Sunrise field.
A spokesman for Mr Downer said talks between Australian and East Timorese officials were continuing.
"We are hopeful it will be resolved very soon," he said. "We are encouraged by the tone of the latest talks. I think we can finalise those very soon. We are hopeful that we can wrap up the negotiations without another meeting.
"If we haven't wrapped it up in the next week or couple of weeks, we will possibly have another meeting in mid-February. But ... it could be actually wrapped up before the next meeting," the spokesman said.
Agence France Presse -- January 29, 2003
Lisbon -- The Bishop of Dili called Wednesday for the creation of an independent body to oversee the exploitation of Timor Sea oil reserves, the Portuguese news agency Lusa reported.
"The oil is under the Timor Sea, it belongs to everybody and everybody has the right to know what is at stake. That is democracy and transparency," Bishop Ximenes Belo told the agency.
Belo proposed the creation of an independent body, called "Timor Gap Watch", to oversee and control the flow of oil and revenues in and out of the newly independent country.
Belo, who was awarded the 1996 Nobel Peace prize, stressed that such a move would be a positive step towards greater democracy, not a sign of distrust in the government.
East Timor and Australia last May reached agreement on the division of oil and gas revenues from the Timor Sea, which could ultimately enable the nation to end its dependence on foreign aid.
The Timor Sea Treaty awards East Timor 90 percent of profits from oil and gas developments in a designated joint production area, which would guarantee Asia's poorest nation up to five billion dollars in earnings over the next 17 years.
Belo stressed however that East Timor still depended heavily on international aid and that it was unclear how much oil and gas reserves would really spur economic development.
"It remains a mystery. We do not know how much money it will generate. We may not know for certain until 2006 or 2007," he told the Lusa agency.
He further argued that East Timor should not rely too heavily on oil and gas resources, saying: "the source can dry up, and is vulnerable to a crisis or poor management".
Belo last year announced his intention to retire for health reasons, and is currently resting in a retreat belonging to his religious order in Portugal.
The Guardian (UK) - January 27, 2003
David Fickling -- The spectacle of someone large and powerful picking on a weak and desperate neighbour passes as bullying in the average playground. International politics, however, has a better name for it: diplomacy.
Government bureaucrats leap easily to the standard platitudes about how no one wants a poor, unstable neighbour dependent on aid, but when it comes to the crunch this is so much hogwash. If the financial benefits of impoverishing a neighbour outweigh the costs of propping them up, then it's time to call out the heavy diplomacy.
The subject of Canberra's latest round with the knuckle-punch and Chinese burn is the most famous bastardised kid in the Asia- Pacific playground. East Timor, less than a year old and struggling to escape from the effects of its 25-year occupation by Indonesia, has got in a fight with its powerful southern neighbour over those most coveted of commodities, oil and gas.
The focus of the argument has been billions of pounds worth of fossil fuel which lie in the torrid waters of the Timor sea, which is closer to Timor than Australia but strung along a disputed area of ocean whose history has been intimately bound up in East Timor's own struggle for independence.
The so-called Timor Gap first became an issue back in 1972, when East Timor was still a Portuguese colony. Ocean boundaries had never been demarcated northwest of Darwin, but governments were quickly becoming aware of the mineral wealth beneath the sea. At the time, there were no hard and fast rules about how sea boundaries should be drawn. Canberra decided that its border should extend to the edge of Australia's continental shelf, a formula that would give it 85% of the sea territory; East Timor's Portuguese rulers, understandably, preferred to site the border on the middle line between the two countries.
Matters were left at a stalemate until 1975, when Indonesia invaded the new country after just 10 days of independence from Portugal. Australia's response to this gross violation on its doorstep was famously nonchalant: then prime minister Gough Whitlam even offered Jakarta tactical advice on how to make the invasion look like the result of the Timorese popular will.
Australia's ambassador in Jakarta, Richard Woolcott, could barely hold back his glee as the invasion approached. "Closing the present gap in the agreed sea border could be much more readily negotiated with Indonesia ... than with Portugal or an independent Portuguese Timor," he wrote in a confidential telegram to his superiors.
That closure of the gap was finally brought about in the 1989 Timor Gap treaty between Jakarta and Canberra. Australia got what it had been wanting since 1972: a border following the rough lines of the continental shelf, whose existence should have been an absurd anomaly. The UN convention on the law of the sea says that such boundaries should pass along the median line, and Australia's boundary with Indonesia follows the same rule. Even the two countries' fishing zones stop on the median line. Only the seabed, and its precious oil and gas, is excepted.
This concession cost Indonesia a great deal in potential oil and gas revenues, but what it got in return was a valuable Australian recognition of its de jure sovereignty over East Timor.
Naturally, East Timorese view the Timor Gap treaty as irredeemably tainted. Now, more than three years after East Timor's independence vote and less than a year after it formally joined the community of nations, Australia is once again trying to force multimillion-pound concessions at Dili's expense.
The status of the Timor sea border still lies undecided, although neither the Australian government nor the opposition show any interest in following the overwhelming opinion of international law and agreeing a median border. The replacement to the Timor Gap treaty has been named the Timor sea treaty. Oil and gas revenues from the already active Bayu-Undan field are being held in limbo until both nations ratify the treaty, something which Dili jumped to do but about which Canberra is showing some reluctance.
The reason for this reluctance, according to several people close to the negotiations, is that every month East Timor goes without the 1 billin pounds that is waiting for it in escrow, the young country becomes poorer and more desperate to agree to Canberra's demands.
Those demands centre around the neighbouring Greater Sunrise gas field, whose 25 billion pounds reserves are currently split vastly in Australia's favour. If the median line were to be taken as the boundary between the two countries, Dili's earnings from Greater Sunrise would rise from 5 billion pounds to 22.5 billion pounds, enough to transform the country and its broken economy.
Naturally enough, Australia is playing it hard. Talks in Canberra about the Greater Sunrise field broke down last week, to the bafflement of Timorese negotiators. "We were shown the door for reasons which we frankly don't understand, " said Jonathan Morrow, coordinator of Dili's Timor sea office. "Australia has the opportunity to demonstrate that it is not trying to extract unfair concessions from this new country. It has the power of life and death over East Timor," he said.
Foreign ministry officials in Canberra professed surprise at the Timorese response, and said that talks were still fully on track. In any case, an agreement must be reached by March 11, when potential buyers will be free to walk away from the deal.
Dili has already been knocked down to a weakened position. Just two months before East Timor's independence day last May, Canberra announced that it would not recognise decisions of the international court of justice on maritime boundary issues. The announcement meant that the UN convention rules, which favour East Timor, would not influence discussions between the two countries.
Officials in Canberra's department of foreign affairs and trade say that such matters are better handled through negotiation than court litigation, but this claim has the familiar aura of diplomatic platitude to it. When the school bully decides to negotiate with the class weed over ownership of a pencil case, you know what is coming.
| Human rights trials |
Radio Australia - February 6, 2003
The UN Special Crimes Unit in East Timor has charged former militia commander, Joao Tavares, and four Indonesian TNI, or military, officers for atrocities in the territory before and after a UN sponsored vote for independence from Indonesia in August 1999. They are among 32 people, including 15 TNI soldiers, accused of murder, torture, persecution and other crimes. No arrests have been made and with all of those indicted living in Indonesia, there are serious doubts that they will ever face an East Timorese court.
Transcript:
MacDonald: It is significant because of the accused targetted by this indictment. You have first of all, the overall leader of all the militias in East Timor back in 1999, Joao Tavares that is charged, and also you have the Lieutenant Colonel Siagian, who is the commander of the TNI for the district of Bobonaro. You also have Lieutenant Sutrisno, who was the intelligence commander also for the district of Bobonaro that are charged. So these are basically big wigs are being accused with this indictment.
Lopresti: But none of these people are in East Timor, they're in Indonesia I presume?
MacDonald: Yes that's right.
Lopresti: How will they be arrested?
MacDonald: Right now the only way that we can arrest these people is once we have the arrest warrants if they come back to East Timor they will be arrested. Warrants will also be sent to Interpol so if they travel to other countries they can be arrested there and be extradited to East Timor eventually.
Lopresti: But if they stay in Indonesia they can escape arrest?
MacDonald: That's right.
Lopresti: So has this been a complete waste of time for the United Nations? Has it been a waste of energy?
MacDonald: I don't think so, you had atrocities committed back in 1999, you've had a whole country destabilised and you've had basically victims, because of their political views, killed. Now obviously the family members of these victims were affected by this and it's affected the whole country. And I think these indictments show that first of all the international community does not tolerate such crimes and number two, it might bring a sense of closure for the victims' families. Now we have East Timorese nationals coming back from West Timor almost every month and some of them do get arrested and are brought before the special panel to be tried.
Lopresti: But certainly the more significant people that you've indicted like Tavares, they're unlikely to return to East Timor would you not agree?
MacDonald: Well I don't know, I don't know, maybe, maybe not, we will see in the future what happens. But for sure if Mr Joao Tavares wants to come back to East Timor well eventually he will be arrested and hopefully brought before justice.
Lopresti: And what are the chances of Jakarta cooperating with the unit? I mean Indonesia has already refused to hand over any suspects previously indicted by the UN?
MacDonald: Obviously these are discussions that will be I guess between the government of East Timor and Indonesia and they will have to, I don't know, address this issue in the future.
Lopresti: If they never come to justice what do you think the implications are for East Timor?
MacDonald: Well the implications are that at least the international community did recognise that atrocities were committed to such an extent that some of them were crimes against humanity and we did do something about it. We have filed indictments and the international community recognises these as very serious offences.
Reuters - February 5, 2003
Jakrta -- Indonesian prosecutors demanded on Wednesday that the former military chief in East Timor be jailed for 10 years for failing to halt massacres when the territory voted to split from Jakarta rule in 1999.
Brigadier General Noer Moeis, who took control of Indonesia's 10,000 troops in East Timor two weeks before the August 30, 1999 independence vote, is charged for failing to stop the murder of East Timorese. The charge carries a maximum penalty of death and a minimum 10-year sentence.
State prosecutor Widodo Supriyadi said the defendant had failed to act on information about the burning enmity between pro- Indonesian and pro-independence Timorese which had already begun to rack the territory before his arrival.
"The troops under his command only evacuated the victims, although there were 10,000 soldiers who could be ordered to halt the violence," Supriyadi told the Jakarta human rights court.
"The defendant was not an active perpetrator but he didn't do anything to stop the fall of victims caused by the gross and systemic human rights violation of murder," he said.
Pro-Jakarta militia groups went on a rampage after the poll in which East Timorese overwhelmingly voted to break away from Indonesia. The United Nations estimates 1,000 people were killed.
Moeis, a colonel when the alleged crimes took place, is among 18 suspects to go on trial over the mayhem. Only one military officer and two civilians out of 15 suspects who have received verdicts thus far were convicted.
Two military generals are still on trial. One is Moeis's predecessor who watched over the emergence of the pro-Jakarta militia and the other is the highest ranking suspect, a regional military chief whose responsibilities included East Timor.
The sentencing demand for Moeis comes a day after a court in East Timor was handed an indictment charging 15 members of the Indonesian military and 17 militia members with crimes against humanity over the 1999 atrocities.
"All of the accused are believed to be in the Republic of Indonesia. Arrest warrants have been requested from the Dili District Court which will be forwarded to the Attorney General of the Republic of Indonesia," the serious crimes panel of the Dili District Court said in a statement.
Sydney Morning Herald - February 5, 2003
Jill Jolliffe, Dili -- United Nations investigators have indicted ageing militia chieftain Joao Tavares and two senior Indonesian officers for crimes against humanity committed in the Maliana district of East Timor in 1999.
In a 34-page document filed with Dili court yesterday the 72-year-old militia leader is described as having ordered the killings and torture of independence supporters between March and September 1999.
He is specifically charged with five counts of murder as a crime against humanity, two counts of torture and one of forcible transfer of civilian population.
Under UN regulations in force, each charge carries a maximum of 25 years imprisonment.
The deputy prosecutor, Siri Frigaard, who signed the indictment, has requested Indonesian and Interpol arrest warrants for those accused.
The indictment says that on April 12, 1999, Joao Tavares accompanied Indonesian commander Colonel Burhanuddin Siagian to a site near Maliana where his soldiers and Timorese militiamen were torturing five independence supporters.
He was alleged to have pointed to the victims, saying: "These are the people that receive money from the Government, and they feed the Falintil [guerillas]. These people we have to kill." Three of the five were shot soon after.
Colonel Siagian is charged along with his deputy, Lieutenant Try Sutrisno. He recently accompanied President Megawati Soekarnoputri on a tour of the Bali bomb sites.
He faces six charges of murder as a crime against humanity, four of torture, one of persecution and another of imprisonment. Sutrisno faces similar charges.
The Maliana district was one of the worst hit areas during Indonesia's scorched earth withdrawal from East Timor, and this is the first of several indictments covering crimes committed there.
Tavares is one of East Timor's longest-serving militia leaders whose 1999 collaboration with the Indonesian army followed his 1975 support for Indonesia's invasion of the territory.
He accompanied troops in the attack on Balibo in which five Australian-based journalists were killed and is reported to have looted a watch from one of the bodies.
But while other former militia men refused Indonesian cajoling to lead new violence, Tavares was in the forefront again, despite his advanced years, and has even been named in recent weeks as a possible sponsor of recent militia incursions into East Timor.
Associated Press - February 4, 2003
Jakarta -- The UN on Tuesday indicted 32 people- including 15 Indonesian soldiers -- for murdering and torturing East Timorese during the country's bloody break with Indonesia in 1999.
It was the largest indictment so far by the UN Special Crimes Unit and accuses Indonesian officers of crimes against humanity for taking part in the violence.
Four officers and Joao Tavares, the head of a pro-Indonesian umbrella militia group, were among those charged for crimes allegedly committed at the time of a UN-sponsored independence referendum in 1999.
The UN indictment contradicts the view of Indonesian prosecutors, who have argued the military didn't actively participate in the bloodshed but instead simply failed to prevent the violence that led to the deaths of up to 2,000 Timorese.
Eric MacDonald, a prosecutor with the special crimes unit, acknowledged that it will be difficult, if not impossible, to bring the 32 to trial. All are believed to be in Indonesia, which so far has refused to honor UN arrest warrants citing its policy not to extradite its nationals.
Such cases, if they go forward, would be tried in East Timor. Previous cases involving suspects arrested in East Timor were tried by a three-judge panel in Dili headed by a UN judge. Appeals were lodged with East Timor's Supreme Court.
The UN governed East Timor for 2 1/2 years until the territory achieved independence last May. The UN still provides government advisers, several hundred policemen and about 2,500 peacekeeping troops in the world's newest nation.
"This is the most important [indictment] filed yet," said Eric MacDonald, a prosecutor with the serious crimes unit. "You have the leader of all the militias in East Timor being charged and a military commander indicted. These are not minor offenders."
Filing the indictments is important despite the barriers to a trial, MacDonald said. "There is a certain sense of relief for the victims' families," MacDonald said. "Even though there might never be a trial, there still is a sense that the UN is doing something to bring these people to justice."
The indictment paints a picture of top Indonesian officers working with their proxy militias to sow chaos in East Timor in 1999. They tortured pro-independence leaders, killed innocent civilians and forced entire villages to flee, according to the document.
The indictment said that Lt. Col. Siagian, the military commander for Bobonaro district and Lt. Sutrisno, his intelligence officer, were directly responsible for the deaths of six civilians in April 1999. It said that Joao Tavares, the commander of the pro- Indonesian East Timor Militia Forces, issued the order to kill the men. The men also were charged with the killing of two schoolteachers and a village chief in the hamlet of Marco.
A spokesman for the Indonesian military in Jakarta could not be reached for comment about the indictments.
Nearly 150 suspects have so far been charged by the UN, usually in groups of about a dozen. The suspects have included at least 24 Indonesian soldiers. About two dozen former militiamen have been tried and convicted in the past two years.
In a separate series of trials in Jakarta, 18 Indonesian military and police officials have been charged with war crimes. So far, four have been convicted and 11 acquitted.
Jakarta Post - January 29, 2003
M. Taufiqurrahman, Jakarta -- A human rights watchdog on Tuesday denounced the government for poorly handling the ad hoc tribunal for human rights violations in East Timor, saying that the trials were a complete failure.
The executive director of the Institute for Policy Research and Advocacy (ELSAM), Ifdhal Kasim, said that the tribunal was defective from the outset, hence it came as no surprise that it failed to bring the perpetrators of crimes against humanity to justice.
He also proposed that the government amend Law No. 26/2000 on the human rights court and provide the law with a separate criminal code procedure, to ensure that human rights violations would not take place in the future.
"The presidential decree on the establishment of the tribunal stipulates that the court try only human rights violations that took place in Liquica, Dili and Suai from April to September 1999. This means that human rights violations in other areas were untouched," Ifdhal said.
He also said that during the trial, the presiding judges and prosecutors did not make any serious effort to ensure that justice was upheld and meted out.
"The judges and prosecutors do not have enough understanding on the concept of human rights, as many of them came from administrative and civil law backgrounds," he explained during a discussion evaluating the human rights tribunal.
The tribunal has thus far handed down verdicts to 15 defendants for human rights abuses committed after the people of East Timor voted for independence from Indonesia in a UN-sponsored ballot in 1999. Most of the 15 were either acquitted or remained free.
"The court's decision to let them free sets a bad precedent for the recurrence of future human rights violations," Ifdhal remarked.
Asmara Nababan, formerly a member of the now defunct Commission of Inquiry into Human Rights Violations (KPP-HAM) in East Timor, said that the lack of political will from the government had contributed to the poor performance of the human rights tribunal.
"The fact that the convicts are not yet behind bars is a strong indication that the government has no intention to punish the human rights violators," he emphasized.
Asmara feared that if the government did not take the human rights tribunal seriously, the international community, as well as the families of the East Timorese victims, could bring the cases to the International Court of Justice at The Hague.
Aware of the fact that most cases of violations in East Timor were committed by military personnel, the watchdog body urged the government to provide protection for all judges and prosecutors involved in the trials, in addition to improving their knowledge and capabilities in dealing with human rights issues.
| News & issues |
Melbourne Age - January 30, 2003
Jill Jolliffe, Dili -- The United Nations' police chief in East Timor is refusing to resign despite criticism from Fretilin government officials over his handling of riots in December.
"I'm not a quitter, and the UN wants me to stay, so I'm staying," Commissioner Peter Miller said.
He was speaking after a week in which he was publicly criticised by Prime Minister Mari Alkatiri and East Timor defence force commander Brigadier Taur Matan Ruak. Some politicians also demanded his resignation.
In an interview with The Age, the police chief, a Canadian, gave his version of events leading to the December 4 riots, saying panic by inexperienced Timorese police and the takeover of a student demonstration by outsiders who "used special tactics, moving in small groups, hitting targets selectively" had proved a fatal combination.
Key buildings in Dili were set alight and two people were killed in the day of rioting. The commissioner said that among other reforms since the riots, police training has been increased from three to six months, and gun distribution limited. "It was a wake-up call," he said.
The latest dispute began over the use of the East Timorese army to track down militiamen from West Timor accused of killing seven people at the border town of Atsabe early in January. It then widened to discussion of the failure of UN policing in December.
Human rights groups have criticised the ongoing Atsabe operation, sanctioned by UN administrator Kamalesh Sharma, which they say bypasses proper police procedures.
Mr Miller later wrote a letter to Brigadier Ruak asking him to ensure rights were respected. The letter was leaked to the press. "I think it must have been a bad translation," the police chief said, "because I never said they had violated human rights."
The army leader accused Mr Miller of incompetence, saying he was "covering up his weaknesses" by raising the issue. A promised government report on the causes of the Dili rioting has not yet been released, with the spectre of the militia threat overshadowing domestic problems.
The trouble on December 4 began after East Timorese police, who are under UN command, shot dead a student protester and wounded 16 others. Mr Miller said the police panicked when students stormed their compound. "They went straight for their guns instead of using the other tools in their toolbox, such as pepper spray and tear gas," he said. A criminal investigation was under way and those responsible would be charged, he said. A second student died the next day.
He said more than 100 international police were deployed as the riot gained force, but were scattered around the city to protect strategic points, so were not readily visible.
| International solidarity |
Green Left Weekly - February 5, 2003
Ralf Scharmann, Darwin -- Traditional owners in several Top End communities have offered sanctuary to 84 Darwin-based East Timorese asylum seekers who are facing deportation.
Marie Munkara, traditional owner of Cape Fourcroy on Bathurst Island has opposed the government's attempt to deport the East Timorese.
After consulting Aboriginal communities across the north of the Northern Territory, she announced: "We believe we should help these people. We've got places for them to stay. We'll look after them. We are offering our land".
There are currently 1800 East Timorese refugees in Australia facing imminent deportation. Most fled Timor following the 1991 Dili massacre. It is widely acknowledged that their claims for refugee status would have been accepted if not for bureaucratic stalling by successive governments. The Coalition government, claiming that Timor is safe, is trying to force them to return.
Colin McDonald, a barrister for many of the Darwin East Timorese, was quoted in the January 18-19 Weekend Australian saying "Unlike the federal government, these Aboriginal people are looking at this issue as a moral one, based on a history which extends well beyond 200 years". Aboriginal communities across northern Australia have trading and family links with many of the islands to the north.
The strong support in the Darwin community for the East Timorese was demonstrated at a 250-strong rally in November and a fundraiser sponsored by the NT Labor government. Chief Minister Claire Martin has submitted a personal appeal to immigration minister Philip Ruddock not to deport the 84 Darwin-based East Timorese.
Green Left Weekly - January 29, 2003
Vannessa Hearman, Melbourne -- Fivo Freitas is 28 years old, he sought asylum in Australia after leaving East Timor in 1999. Now he is preparing for his application for asylum-seeker status to be rejected once again by the Refugee Review Tribunal.
Each Friday, the RRT is rejecting a number of similar applications from Timorese, marking the end of a long road for people who have waited for up to ten years to see if they can stay permanently in Australia. The long wait, conveniently for the Australian government, has coincided with East Timor's independence from the Indonesian occupying forces. East Timor is now a safe, stable, independent country to which the asylum seekers could return. At least, this seems to be the view from the Department of Immigration and Multicultural and Indigenous Affairs, which is basing its assessment of each asylum seeker case on the current situation in East Timor, not the situation from which asylum seekers fled the territory.
"I came from East Timor in 1999 to get away from the increasingly violent activities of the militias. It was only a few months before the ballot. I had been involved in the East Timor Student Solidarity Council. I was lucky to get out, not as lucky as many of my friends.
"As many people know, the country was almost completely destroyed and people were displaced in 1999. What will I do back [in East Timor]? Imagine all 1600 [Timorese asylum seekers in Australia] forcibly returned to East Timor to no job, no education, no home to go to. How will the country cope?" Freitas is critical of the Australian government's assistance to East Timor, arguing that while trumpeting its humanitarian assistance, it is creating a humanitarian disaster. "[The government had] an opportunity to help East Timorese 10 years ago, but of course that was when Indonesia was in power and they tried to throw us out, arguing that we were Portuguese. Now they say our country is already safe and we must go back."
It is doubtful that East Timor's poor infrastructure and high unemployment can withstand the influx of the returnees. Many of those who fled now have nothing to return to and may face community resentment in the face of fierce competition for jobs, housing and schooling. Early this month, suspected militia bands attacked villages in Atsabe and Bazartete sub-districts and killed several people. A senior Timorese official has subsequently called for increased Australian assistance to maintain security in the border areas.
According to Freitas, several families previously living in Darwin have returned voluntarily after having their appeals rejected. "They could see no way out. But this is not a solution for all of us, we have to campaign for community support against the government's policies." The loss of an appeal before the RRT results in being cut off from the Asylum Seekers' Assistance Scheme (ASAS) allowance, loss of access to Medicare and loss of the right-to-work visa. "This is, in effect, a campaign to starve us out of Australia. Many Timorese are renting in the private rental market. These people no longer have any income." The asylum seekers have no access to Centrelink benefits, only the ASAS payment which is 89% of a Centrelink special benefit.
An East Timor Taskforce, consisting of church groups, welfare agencies and local government, plan a program of support for those Timorese who have lost ASAS allowance, Medicare and the right to work. The local inner-city council, the City of Yarra, where 600-700 Timorese asylum seekers live, began to raise funds last year to provide assistance for Timorese asylum seekers.
Freitas says this can only be a small drop in the ocean, however, and the assistance is limited to providing funds for doctors' visits and medicines. "It is still up to the government to resolve this situation. The City of Yarra funds can only provide small emergency help, but this cannot help everybody who has lost his or her income.
"The Timorese need medical assistance more than ever -- they are suffering high stress and panic because they are not sure of their situation." Freitas argues that: "I think it is outrageous that while we can work and have to pay taxes, we can't go to university. If young people like me want to go to university, we have to pay full fees like international students. We have had interrupted schooling, suffered trauma because of war and have very low incomes. This is just another policy to exclude us from gaining an education.
"If the Australian government really wants to help, they should be educating us here, building links between East Timor and Australia." He says it is ironic that the government is handing out AusAID scholarships to Timorese students from East Timor, but charges full fees to asylum seekers.
"We want Australian solidarity for us again -- just like when you fought for us in 1999. People are living in limbo right now. I think we have made a good contribution to Australian society, it is only right that after treating us like political footballs, that we can finally get on with our lives -- here in Australia -- until we decide it's the right time to go back and rebuild our country.
"We love East Timor, we want to be there, but now is not the right time. We don't want to be deported or starved out of Australia either." Freitas urges people to get involved in campaigns for the Timorese asylum seekers to stay. There is a campaign underway demanding that immigration minister Philip Ruddock grant a special protection visa, however it is unclear how successful lobbying efforts will be without concerted public pressure.
"The suffering of refugees isn't just limited to that inside Australia's detention centres", Freitas reminds us. The Timorese asylum seekers have been allowed to live in the community, but Ruddock's hidden war against them needs to be exposed, as does the attempts to drive them back to East Timor.
Preventing the deportation of East Timorese asylum seekers is set to become a major campaign priority of the Refugee Action Collective of Victoria over the coming months. RAC is working in collaboration with Melbourne's East Timorese community on an intensive community education and lobbying campaign, which will be launched in early March with a public forum featuring Freitas.
RAC plans to use the campaign to pressure Ruddock to allow the Timorese to stay, as well as to lay a strong foundation of widespread community support. This will help prepare for direct protest action if the Timorese are denied refugee status and forcibly returned to East Timor.
| East Timor media monitoring |
UNMISET - February 8, 2003
On Thursday PM Alkatiri, President Gusmco and Brigadier General Ruak met to discuss about the national security. The meeting was part of the weekly meeting between the PM and the President. After the meeting Alkatiri told the media that the discussion was based on the security of the country and above all the problems of Hatolia and Atsabe. He said that FDTL as an armed force was deployed there to solve the problem but will not replace the police. Alkatiri said that now that the problem has been solved the police would take over, with the assistance of PKF according to the agreement between the Government and UNMISET.
The Minister added that other issues raised during the meeting were the local government administration in the districts and sub-districts.
In an interview with "Timor Post" Brigadier-General Ruak said he is confident that conflict will not rise among the Timorese people after the withdrawal of PKF. He said, "I do not believe it will happen because the Timorese people know all about suffering and loving one another". He added, "certainly we are still weak. But we must remember that we have only gained our independence and it will take time to gain experience and create better conditions in the difficulties time ahead. But hopefully we will overcome these problems and in ten or twenty years time we will have a more effective forces," said Ruak. The Brigadier General also said that it is not possibility to deploy FDTL throughout the country. In the meantime they would be deployed in areas in need. "We are in the process of discussing this issue further. I feel that our government and the UN are the ones to really look into this problem," said the Brigadier General.
The two days meeting of Fretilin Central Committee which starts today (Friday) in Dili will determine a structural and "necessary" readjustment of the party, said the secretary- general, Mari Alkatiri. "From this meeting I hope there will be a reinforcement of Fretilin from base to the top. It is a meeting, which will provide general guidelines for the structural readjustment in Fretilin," he added.
Minister of Transport, Communication and Public Works, Ovidio de Jesus Amaral said that the black box of the Russian plane that crashed near Baucau last week has been transported to Dili under tight security and will be taken to Russia by a member of the investigation commission. He said representatives of the Russian company that owns the plane are coming to Timor not to investigate, but to check the place of the accident. He added that families of the deceased are coming as well, to collect the bodies of their loved ones, which are currently in the UN military hospital.
The Government and the UN met with donors' countries on Thursday to study the rural plan, which the government would like to start in the district of Viqueque, reported STL. The event was organized by UNMISET and attended by Prime Minister Alkatiri, Justice Minister Pessoa, Minister for Planning and Finance, Madalena Boavida, TLPS Commissioner, Paulo Martins and Vice- Minister of Justice Domingos Sarmento. Representatives from the donors' side were EU, PORTUGAL, Finland, Canada, Japan, Indonesia, USA and other countries. Speaking to the media afterwards, Deputy SRSG, Sukehiro Hasegawa said the purpose of the meeting was to listen to the government's explanation on its plans for rural development.
UNMISET - February 6, 2003
During his meeting with Finland's ambassador to Indonesia and Timor-Leste, Matti Johannes Pullinen, President Gusmco asked the ambassador to assist the Timorese living in Indonesia with housing. Pullinen presented his credentials to the President on Wednesday. Speaking to the media after the ceremony Vice-Minister of Foreign Affairs, Jorge Teme said Finland has committed to continue working with the Timorese government in the training of police and in the development of the administration. He added that Lucas da Costa, the dean of Dili University has been chosen as Finland's Special Consul in TL (TP, STL).
Speaking to the media on Wednesday in Dili, after presenting his credentials to the President of the Republic, the Canadian ambassador to Indonesia and Timor-Leste, Ferry de Kerckhove, said "the December 4th incident is like a wake up call for the government and the population. In the eyes of the international communities Timor-Leste is a new country who gained its independence recently but has been facing lots of problems". (STL)
Residents in Leimea Kraik detained five members of Kolimau accused of stealing their buffaloes. The five people already appeared in court and were ordered to remain 30 days in detention awaiting further investigation. The same people had been previously detained by F-FDTL, being released afterwards under court orders due to lack of evidence. (TP)
The Permanent Commission of the Parliament wants the Indonesian Government to explain the process of the payment of a monetary compensation for the former Indonesian civil servants. According to the Commission, cited by STL, the process was "unfair"(STL)
UNMISET - February 5, 2003
UN representative in Timor-Leste, Kamalesh Sharma on Tuesday held a meeting with President Xanana Gusmco to discuss recent in the country and their developments. The main topic of the discussion was the border security, reported "Timor Post". Sharma said the security is important in the border in order to maintain good relations between Indonesia and TL. After the meeting, the Special Representative told the media that he and the president discussed the result of the National Dialogue held last month and that many people are eager for the result. Sharma added that the presence of international organizations in TL would contribute for the development of the country.
Suara Timor Lorosae reported the head of UNMISET Kamalesh Sharma as saying that UNMISET is still responsible for the security in Timor-Leste and he will not remain silent about the incidents of 4th December in Dili and 4th January in Atsabe. (TP, STL)
The coordinator of CPD-RDTL Antonio Aitahan Matak said that after the National Dialogue held last month the country's problem remains. He told the media on Tuesday that both the Government and UNMISET were not clear in their explanations, which can lead to new demonstration, reported TP. He said UNMISET's response to the conclusion of the National Dialogue was "not positive" and that the Timorese continue to be forced to look after themselves. The response from the government, he added was not positive as well because they "maintain their radical stand that they are the only Fretilin". Aitahan Matak appealed to certain leaders to stop calling his group as "illegal" and compare it to Kolimau 2000.
TP also reported that the President of the National Parliament, Francisco "Lu'Olo" Guterres said "the result of the National Dialogue will be released through a letter to be distributed to all the districts and sub-districts as well as all the citizens to be informed about what was discussed. Referring to the possibility of a demonstration organized by CPD-RDTL, Lu'Olo said he doubts that the group has the capacity now to mobilize the people to travel to Dili because they already know what has been discussed, said the newspaper. (TP)
Minister of Internal Administration Rogerio Tiago Lobato said the police stationed in the border of Indonesia needs different weapons to react to any attack on them, "because former militias in that area are armed with latest model weapons" reported STL. "Without any proper arms one cannot ask the police to work in the border, he added. "As a Minister of Internal Administration my conscience tells me that it is wrong to send police to the border with only pistol as their weapons" said Lobato, who added that the government is now preparing a list of weapons in need to ask for UNMISET's assistance. (STL)
Francisco Guterres, the President of National Parliament, said on Tuesday that Leandro Isaac is still a MP, although his party has suspended him. Vice-President of the party and currently the head of the parliament bench, Leandro Isaac was formally suspended of his functions last week, accused of "indisciplinary adherent", reported the Portuguese newsagency Lusa. The decision was made by PSD National Political Commission in a meeting on January 26 in Dili. A press release with only one paragraph was disseminated early this month. Cited by Lusa, Mario Carrascalco, the President of PSD justified the suspension affirming that Leandro Isaac "has ambitions to become president of the party" and has been behaving against the interests of the party. Leandro Isaac told the media on Tuesday that his suspension is against PSD's regulations. He said Mario has never given him an opportunity to defend himself against the accusations, opting instead to go the media. (TP, Lusa)
UNMISET - February 4, 2003
The local media reported that nineteen members of Kolimau fled to the jungle, through Leimia Kraik (Hatolia District). Major Ular said that he already met with families of the group to persuade the return of the 19 members who fled to the jungle. Major Ular said the Kolimau 2000 is a strong group whose activities are based on the former clandestine activities. The Head of F-FDTL stationed in Hatolia, Ermera District told the media on Monday that residents of that area are too frightened to go to their cornfields due to kidnap threat by the group and their families. Ular said the corn, which is now ready to be harvested, is being destroyed by wild animals.
He added that the local people have not rejected the presence of PKF, on the contrary they feel that the UN peace keepers should patrol right into the interior and sub-villages and not the main roads only. (STL, TP)
Vice-Minister of Justice, Domingos Sarmento announced on Tuesday the establishing of the Superior Council of Judicial Magistrate. The Council is composed by Domingos Barreto (Head of Baucau District Prosecutor), Manuel Abrantes (Vice-Minister of Justice), Cirilio Josi Cristovco, (Judge Member of Dili District Tribunal) and Maria Natercia Gusmco Pereira (Judge Member Special Panel). Sarmento said the next step would be for the Council to elect the President of the Supreme Tribunal who will also be the President of the Magistrate Supreme Council. The Vice- Minister added that the return of Judge Claudio, (from Portugal) and the most experience of all the Timorese Judges will spend his time between the Appeal Tribunal and transfer of experiences and knowledge and capacity to the younger judges to enable them to perform professionally in future. (STL)
Minister of Internal Administration Rogirio Lobato said the police is continuing with the investigation of 4th December incidents. "Quite often when something goes wrong it is our police who gets the blame. I hope that this blame does not only fall on the police of TL," said Lobato. The Minister said TL police is also investigating who fired the shots. Minister Lobato said, "if the investigation reveals that TL police fired the shots than they must be responsible. And the same goes to the UN Police. Lobato added that the pistol allegedly claimed to be involved in the shooting is now in a Darwin laboratory undergoing tests. Lobato added," I would not like the accusations to be constantly on our police." Commissioner Paulo Martins also told the media that he hopes the report would be release soon and he is of the same idea that whoever (TL or UN police) was involved in the shooting must obey the rules of the this country. Meanwhile a group of youth from Suku Santa Cruz have presented a letter of protest to the head of TLPS Paulo Martins against a member of the force named Inacio Amaral who is allegedly involved with the former pro-Indonesia militia group Aitarak, reported "Timor Post". In the letter the youth said that Inacio Amaral was a member of the Indonesia Armed Forces and his spouse, named Fernanda Araujo, also known as Aberta belonged to the group Gadapksi, and that during the popular consultation period both were supporting Aitarak. In the letter, reported TP, the youth said that Aitarak Operation Post was based in the couple house and Amaral stole goods from his neighbor to take with him to West Timor. The youths are reported to be "shock" with Amaral's application to become member of the Rapid Intervention Unit, reported Timor Post. (STL, TP)
On Saturday edition of "Timor Post" the Prime Minister Advisor for Gender, Promotion and Equality, Domingas Fernandez was reported as saying that 95% of Timorese women experienced Sexual Violation. Fernandez made this statement during the opening of the "Stop Sexual Violence Campaign".
Referring to this statement the Director of Fokupers, a local women's group, Manuela Leong Pereira said that such claims by Domingas Fernandes is incorrect or unclear. But in the meantime Timor Post confirmed with the Prime Minister Advisors for Gender, Promotion and Equality's office that only 50-57 per cent of East Timorese women suffered sexual harassment and Not 95 per cent as previously claimed. Manuela Pereira said her organisation received 197 cases of sexual harassment in 2002. (TP)
The head of Suku Beloi in Atauro, Cesar Aleixo Brandco told the media on Monday that around 1200 people in that area are facing food shortages due to the long dry season. He said due to lack of rain the seed for this year harvest has been affected and there is no food available because the last seeds for cultivation have been consumed. Brandco said the other five districts, which have around 8000, have not been accounted. He said until now there has not been any report of death. (TP)
In its editorial on Tuesday, "Timor Post" stated that in order to take over the responsibilities after May 2004, F-FDTL has to undergo through an "intensive preparation", and that President Xanana Gusmco, as Supreme Commander of the armed forces, has an important role to play in this process. "UNTAET did not do a good preparation of F-DTL during its two-year mandate, which ended with the celebration of independence". The editorial also said that Xanana Gusmco was correct when he said that F-FDTL is still weak in many areas. "FDTL is currently lacking everything (?) after UNMISET is over, what ill it be? We hope UNMISET is preparing the forces so that at the end of the mission FDTL can continue to work!! (TP)
UNMISET - February 3, 2003
Timor-Leste's President, Xanana Gusmco, on Sunday paid tribute to the six crew who lost their lives in the crash of the Russian plane, in Baucau. Meanwhile the Government has established a team headed by Minister of Transport and Communication, Ovidio de Jesus to investigate the accident. De Jesus and the team traveled to the site on Sunday morning. Prime Minister Alkatiri accepted an offer from Australia to send in a team of experts to be part of the investigation team. (TP)
Speaking at the second anniversary of F-FDTL in Lospalos on Saturday, President Gusmco stressed that the Armed Forces "is still weak in many areas and more is needed to be done". The President added " on the way here [Lospalos] I watched both sides of the road full of nice cornfield but at FDTL base the grass looks tall and the few corn plants around looked more like flowers". He appealed to members of the armed forces to change their mind and learn more because being in the army doesn't mean to carry only a gun. He added that in 18 months time FDTL would take ver the security of the nations from PKF and should also contribute in the development of the state. (TP)
On Monday "Timor Post" stated, in its editorial: "UNMISET and Falintil-FDTL last week agreed to extend the presence of F-FDTL in Ermera. The initial agreement allowed limited operations to the Armed Forces in December 2002 [January 2003] in Atsabe after an armed group attacked the local residents leading to the death of five people and a few injured. The mandate given by UNMISET to FDTL ended on 2nd February. As reported, the presence of F-FDTL brought tranquility among the people who are now requesting the increase of the Armed Forces in that area. Therefore one must say that UNMISET did listen to the concerns of the people. But the agreement reached two weeks ago is not enough and will leave the people leave unhappy. We have witnessed that Falintil operations are guided by UNMISET decision". The editorial goes to say that the end of UN mandate in Timor-Leste in July 2004 will signify the end of UNPOL and PKF mission. Therefore UNMISET must seriously prepare the military and Timorese police so that when UNMISET departs the two institutions can effectively carry on the duties. "PKF, UNPOL, Police and F-FDTL must engage in intensive training due to the short time left. If these two institutions are left unprofessional and unprepared to take over the tasks then regardless of their numbers, the problem will remain," says the editorial. (TP)
"Timor Post" reported on Monday that around 60 effectives of TLPS were graduated on Saturday in Maliana as Border Police. Speaking at the event, Commissioner Paulo Martins said the new officers will control the borders and provide security to people living in the area, and also maintain good relations with the neighboring country. He added that the police officers will take over the services carried out by Australian Battalion in July 2004. (TP, STL)
The Australian Lieutenant Col. Lean told the media last Friday that the Australian battalion had build three agriculture schools, three houses in the border market of Nunura (where the Border Control officers live) and three houses in Batugade as transit centre for refugees from West Timor. The Japanese Engineering Group (JEG) together with other PKF members as well as the community are fixing roads affected by landslide and roads classified as danger during the wet season. The JEG is building a soccer stadium in Maliana. The construction, which began on 20 of January, is expected to be completed by February 20, said the JEG Captain Ozawa, cited by the media. (TP, STL)
Suai and Cassa (Ainaro District) residents reported the sight of boats with Indonesian flag in Suai Betano and Same reported "Timor Post" on Monday. According to the newspaper, the people of those areas are concerned that boats which allegedly enter Timorese waters to fish, unload goods or "to infiltrate in TL, hired by somebody from West Timor", the newspaper cites a resident, named Fortunato who said, " On 29 we saw two boats and on Sunday another two new boats were docked between Cassa and Suai." Fortunato, said the newspapeer, told that case had been reported to the police. Nevertheless, TP wrote that local residents believe that there isn't much the police can do. The people concerned would like the government to raise this issue with theIndonesian representative in TL, added "Timor Post". (TP)
The remains of the six Russian crew who died when their plane crashed in Baucau yesterday afternoon have now arrived in Dili. Russian air crew serving with UNMISET solemnly carried the flag- draped coffins containing the remains to the UN Military Hospital in Dili where they will be preserved until an autopsy is carried out. Earlier today the Timorese Prime-Minister Mari Alkatiri visited the accident site and announced the creation of a Government Commission of Inquiry to be headed by the Minister for Transport, Communications and Public Works, Ovidio Amaral. An Australian investigation team is set to arrive in Dili tomorrow (Sunday) morning. They will be briefed by UNMISET before being taken by helicopter to the crash site. The investigators will also meet with the Government Commission of Inquiry.
UNMISET has made everything ready at the site for their arrival, including the installation of a power generator and adequate lighting so that investigations may continue in the hours of darkness. A tent-covered area for the parts of the aircraft to be brought in for examination has also been prepared, and UNMISET is providing the investigators with cars, food, water and accommodation. PKF troops and UN and Timorese police are keeping the area secure ahead of the investigators' arrival. Contrary to initial reports, it now appears that the Russian IL-76 aircraft did NOT crash in the mountains. While the area around Baucau is mountainous, the airfield itself is located in an open area. The aircraft made more than one attempt to land amid conditions of low clouds and dense fog. The crash, about 2km short of the western end of the runway, seems to have occurred during the second or third attempt at anding. The aircraft, operated by Euro Asia Aviation (an air cargo company based in the Laotian capital), was transporting app. 50 tonnes of equipment for the Portuguese/Timorese joint company Timor Telecom from Macao in China to Baucau. The equipment was to be used for the building of the Timorese telecommunications network. NMISET will release further details as they become available.
UNMISET - January 31, 2003
A Russian IL 76, carrying equipment for Timor Telecom, crashed on Friday, around 03.30 pm, while trying to land at the airport of Baucau, on the North coast of Timor-Leste. It is believed that the aircraft had a Russian crew of six and no passengers.
The accident occurred in foggy conditions, approximately five kms from the airfield. UNMISET has dispatched an aircraft with emergency medical personnel to the site. PKF elements are already present. The SRSG Kamalesh Sharma has expressed his sympathy to the Portuguese Ambassador in Dili and to Prime-Minister Alkatiri. The SRSG's concerns and condolences are also being conveyed to the Russian Ambassador in Jakarta. UNMISET is in close touch with the Government of Timor-Leste to coordinate relief and investigation efforts. (UNMISET)
Prime Minister, Mari Alkatiri and President Gusmco held a meeting on Thursday to analyze the current state of the nation and the implementation of government programs. Alkatiri said that the government must visit the grassroots people in order to learn the difficulties encountered by them.
The Administrative Council for the National Radio and Television was one of the topics discussed by the two officials, reported Timor Post. (TP)
After meeting with President Gusmco, Prime Minister Alkatiri told the media that the government would not be dialogue with "bandits who are members of Kolimau 2000". Alkatiri said that to abolish the group would not necessarily mean to kill them, but to sentence those involved in crimes, reported Timor Post. He said any citizen has the right to be part of Kolimau 2000 if they choose to, provide it is not to commit crimes. The Prime Minister added that the government would not hold any more dialogue and would instead focus on drawing plans based on the necessity of the people.
Referring to the release of the investigation report on the events of 4th December 2002 and 4th January, Alkatiri said "many political leaders are demanding the government to quickly release the result of the investigation which is good because the government has not forgotten about it". He added "it is taken longer for the commission to release their report because it needs to be investigated carefully to avoid any future isunderstanding".
He stressed that eyewitness is needed to testify against those suspected of involvement in the incidents. The Minister said he has given a mandate for the commission to investigate in dept the problems that led to Baucau incident on the 18th of November thereafter. He said the government notified the President of more time needed to have a comprehensive report. (TP, STL)
Speaking at the opening workshop for the commission to look into former combatants and veterans, President Xanana Gusmco said on Thursday that his office supported the establishment of the commissions but warned: "we must be patience because we have just gained our independence and there are lots of difficulties and problems which can not be solved in one day," He thanked UNDP, USAID and the World Bank and other organizations for their support to help kick start the process. He added that the Secretariat of the State created a section to deal with the veterans' issues and as enshrined in the constitution of TL the state and all institutions must work together to deal with matters of concern. (TP, STL)
The Deputy Special Representative of UN in Timor-Leste, Hasegawa said "there are plans for Timor-Leste Armed Forces to perform their duties from East to West", reported Timor Post. The newspaper said that the UN Representative made this statement during a visit to Hatolia, Ermera sub-district on Thursday.
Hasegawa said his visit there was to personally listen to the aspiration and the concerns of the people and as well their requests. During the meeting the residents requested DSRSG to allow the permanent presence of F-FDTL because they fear for their lives and their livestock have robbed "by the group Kolimau 2000," reported Timor Post. They stressed that if the government and UNMISET refuse to act then they have two alternatives: to come down to Dili and protest or create groups to act against Kolimau 2000.
The newspaper reported Hasegawa as saying that he would pass their concerns to the government. Three representatives from that district traveled back with him to Dili to meet Government representatives, among them Prime Minister Alkatiri. (TP)
UMISET - January 29, 2003
The Head of TLPS, Paulo Martins told the media on Tuesday that police in Ossu, Viqueque sub-district found a SKS gun purposely left on a road. He also said some FMJ 18 FMJ ammunitions and magazines were found in Bobonaro. Martins said that police detained two men from Kailako, accused by local residents of providing assistance to five militias who have fled into the country early this month. (TP, STL)
Two men from Kailaco sub-district on Tuesday appeared at Dili District Tribunal accused of hiding five militias early this month. According to STL one of the accused said that on 31/12/02 he saw the five men in his cornfield and invited them to his house where they stayed until the 3/1/03. If found guilty he may be sentenced to 15 years imprisonment. The other man will be released for 30 days because he was the one passed information to the police. (STL)
F-FDTL Chief of State, Colonel Lere Anan Timor said he is unaware of any information about the three different groups of Kolimau 2000. Lere was referring to an information presented at the parliament by MP Josi Andrade of Maliana District and reported by Timor Post on Tuesday. According to the MP, Kolimau 2000 is presently formed by three different groups. (TP)
The Head of Indonesia Representative in Timor-Leste, Kristio Wahyono said that Indonesia was not behind the December 4th incidents and is not interesting at creating problems in Timor- Leste which can lead to destabilizing the relationship between the two countries. "Those militias involved in the incidents in Timor-Leste did so from their own initiatives. It is not the Indonesian government or security program to be involved in these matters", Wahyono told the media on Tuesday. According to him "several former militias returned to Timor-Leste before 4th December 2002. And many of the returnees went back to West Timor through illegal check points with travel document," said Kristio Wahyono. He added that many Indonesians have visited Timor-Leste but not with the aim of destabilizing the country. The Head of Indonesia mission said the riots of last December derived from "personal problems". (STL)
General Prosecutor, Longuinhos Monteiro said that 129 militias suspected of allegedly involved in 1999 violence are still living in West Timor. He told the media on Tuesday that since the establishment of the serious crimes panel judges, the court processed 46 cases, which involved 141 militias' suspects. Another 20 cases involving 129 people currently living in West Timor are pending, according to him. (STL)
PKF soldiers assisted local police in the arrest of 13 people in the village of Lakalese (approximately 10km north west of Suai) yesterday morning. Members of the Singaporean Company, attached to the Thai Battalion, assisted the local police in a continuation of the operation that had led to the detention of seven people on Monday afternoon. Two of the seven people detained on Monday turned out to be witnesses and were subsequently released. The arrest of the 13 people yesterday morning brings the number of people arrested on charges of extortion in the last couple of days to 18. Those detained were transported to Suai TLPS station where they are being held awaiting transport to Dili for judicial processing. Commenting on the arrests that took place on Monday, the Commander of Sector West, Colonel Wayne Bowen, said that "the apprehension of this group was another example of the success of TLPS in policing Cova Lima District". Sector West Forces consist of troops from Australia, Thailand, Fiji and Singapore whose mission is to maintain a secure environment in order to support the RDTL government in defeating security threats to its territorial integrity. Sector West troops will continue to assist the TLPS actively by maintaining security in the area.
UNMISET - January 27, 2003
Two hundred and fifty people including members of the government, political leaders, UNMISET, Civil Society and Diplomats Corps, attended Saturday's National Dialogue, facilitated by President Xanana Gusmco. The meeting was called at the request of CPD-RDTL Group to debate various themes. Organizers of the dialogue claimed that the meeting aimed at "clarifying, reinforcing and strengthening the spirit of the independence"and seen as a constructive and element and not a forum to "discredit any institutions"of the State, reported Lusa. On the conclusion of the dialogue, Xanana Gusmco said "It served to overcome a climate of confrontation to a climate of dialogue". The President's Chief of Staff, Agio Pereira was of similar opinion, recalling that apart from pretending to "alter positions", the the objective of the meeting was to "clarify the substance of various questions in depth"among them the role of UNMISET, the Timorese Defense Forces and the Constitution. He said "The objective was achieved. This is an information process for the people who have felt the difficulties of media and logistics". Prime Minister Alkatiri confirmed at the end of the meeting that the government is engaged to unleash a process of "open cooperation"which will see a large number of government members dislocate "to the bases/grassroots"to communicate with the population. STL reported that even after the meeting, many people were still confused with different views about Timor Leste's Constitution and Falintil- FDTL's role. But it claimed that the event between UNMISET and CPD-RDTL was a success. It reported that Saturday's dialogue was different from the last one. Antonio Aitahan Matak, Cristiano da Costa and Egas da Costa, represented CPD-RDTL. Prime Minister Mari Alkatiri and Speaker of the House, Francisco Guterres, represented the government. Kamalesh Sharma and a delegation represented UNMISET. Moderators of the meeting were President Xanana Gusmco and Dili Diocese Vicar General, Josi Antonio da Costa. Present at the event were ambassadors from various countries. One of the first issues raised by CPD-RDTL was the handover of the country's sovereignty.
Prime Minister Mari Alkatiri rejected CPD-RDTL's proposal on the re-adjustment of 1975 Constitution due to its lack of basic legality and clear reasons. He added that the government would review the constitution in five years time.
Alkatiri said that claims by CPD-RDTL that the government and the parliament do not have credibility are a challenge for him to see in four and half years time which party the people will elect. The Minister said the dialogue had the political and material support of the government because it is important for those people who were unable to attend the meeting to judge what has and has not been done correctly. Alkatiri was happy that the local radio, television and newspapers were present to cover the event in order to pass the information to the people "out there" who due to lack of information have been misinformed reported TP.
National Parliament President Francisco "Lu'Olo" Guterres said that the constitution clearly states that Falintil-FDTL mission is to defend the independence and sovereign of the country. He said, "They do not have dual functions and not a member of the armed forces have opposed the government or the parliament about on this issue" said Lu'Olo. He said there is only one defense force in Timor-Leste and that is Falintil-FDTL reported STL. He also said that the constitution of Timor-Leste does not have an article, which refers to the state as associated state with a country. Guterres said the constitution was put together in consultation with the people, which Cristiano [CPD-RDTL] presented his views in a session of the parliament. He said that therefore it is pointless to debate about the re-adjustment of the constitution.
Timor-Leste Police Commissioner Paulo Martins said that when President Gusmco asked him whether TLPS was ready to take over the responsibility from UNPOL he said, "yes we are ready to take on the responsibilities but we still need more training, equipment and infrastructure in order for the police to carry on its duties". Regarding information that UNPOL planned to shorten its mission in the country, Martins said that it was up to Timor-Leste government to make a decision about it. He added that UNPOL would be handing over full responsibilities to TLPS by December 2003.
STL reported that the head of Indonesia mission in Timor-Leste, Kristio Wahyono announced that Prime Minister Mari Alkatiri is scheduled to travel to Jakarta to meet Indonesian President Megawati Sukarno-Putri. Wahyono told journalists last Thursday that the dates have not yet been confirmed and that "it is true that Prime Minister Alkatiri is visiting Jakarta because we are organizing the trip and the meeting between him and President Megawati" said Kristio Wahyono.
STL reported that the government of the Democratic Republic of Timor-Leste (RDTL) has rejected the two names presented by the Indonesian government to be their Ambassadors in TL. The government rejected Francisco Xavier Lopes da Cruz and Tito Dos Santos Baptist as Indonesian ambassador to TL. The government suggested other two names like Piet Alexander Tallo who is currently the governor of NTT or former Commander of Udayana IX Major William da Ccsta because of their knowledge of Timor-Leste culture. STL reported that the government rejected Lopes da Cruz and Tito Baptista due to their political hardiness in Timor-Leste and if chosen as Ambassadors to the new country it could lead to the destruction of the relationship between the two countries. Four names had been presented to the government as nominees of Indonesian ambassador to TL; Francisco Lopez da Cruz, Tito Baptista, Piet Tallo and Willem da Costa. The head of Indonesian mission in TL told the media that President Gusmco and Minister of Foreign Affairs, Ramos-Horta rejected the first two names and agreed on either Tallo or da Costa to be ambassador, wrote the newspaper.
President of National Parliament, Francisco "Lu-Olo" Guterres said that the same joint military operation sent to Atsabe might be sent to Gariwai, Baucau sub-district to detain "Ninjas" groups claimed by the local residents of killing and stealing their animals." Lu'Olo said, "the issues was debated in the Council of Minister's meeting a few days ago. He said the Council will decide on a mandate for Falintil-FDTL and TLPS/UNPOL to launch an operation, "Lu-Olo told the media on Saturday. These Ninjas" groups have been operating in Gariwai, Wailili and Fatumaca villages.
President of Partido Social Democrata (PSD), Mario Viegas Carrascalco said that to maintain the national security in the country, UNPOL mission in Timor-Leste should be extended. He pointed that the security in the border between Timor-Leste and Indonesia still needs the International presence because it is neutral. Carrascalco stressed that this is not undermining TLPS role. He said to secure peace in the border between two countries it has to be from neutral countries while enabling the Timorese police force to get more training and become professional police. Regarding the attack on Atsabe the President of PSD said, "I do not believe that Indonesia government who have recognized Timor- Leste's sovereignty would support the former militias in such action. I also don't think that Indonesia military was involved" reported STL.
Timor Leste has been witnessing a "historic moment", since the Timorese politicians have left their differences aside and have adopted a single voice in their criticism against some high UN staff in the country, wrote Correio de Timor in the editorial of last week's edition. The newspaper, published in Portuguese, said that the UN cannot be an imposed instrument, since everyone acknowledges the importance of its role in the development of Timorese life.
"But the UN has to acknowledge that they are at somebody else's house, and that the Timorese people has the right to choose their own culture, to keep their traditions, to express their own language and above all to decide on the way they want their country to be". Like any other project -- added the newspaper -- the UN mission in Timor-Leste relies a lot on those responsible for it. "How many projects have failed because of the negligence or the incapacity of those who head them?", asked the newspaper. According to "Correio de Timor", FDTL's behavior in the most recent situations should be considered a model.
Peace Nobel Prize Ximenes Belo, former Bishop of Dili, said in Portugal on Saturday that the USA are "eager" to declare war against Iraq and said that dialogue is the only way to solve the problems between the two countries. "I am totally against any military intervention", said Ximenes Belo during a session in his honour organized by the mayor of Vila do Conde, in the North of Portugal.
"The war would not bring benefits to anyone. On the countrary, it would make innocent people, children and the poor suffer even more", he said. He added that UN should make a "great diplomatic effort" in order to avoid war and look for a peaceful alternative. (Lusa)