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Response to reported US endorsement of Timor-Indonesia Truth & Friendship Commission
East Timor and Indonesia Action Network - April 4, 2008
US Assistant Secretary of State for East Asia and Pacific Affairs Christopher Hill has reportedly stated that whatever the joint Indonesia-Timor-Leste Commission on Truth and Friendship (CTF) reports is "good enough" for the US government.
In response the US-based East Timor and Indonesia Action Network said: "A US government endorsement, sight unseen, of the report of the CTF demonstrates how little justice and accountability for the peoples of Timor-Leste and Indonesia matters to the current administration.
"We do not understand how this fundamentally flawed process can contribute to either truth or friendship between the peoples of the two countries. It is an exercise in diplomacy to the detriment of democracy and the rule of law in both countries.
"It is shameful that the US government is eager to abandon efforts to bring to justice the people responsible for Indonesia's illegal occupation which killed one-third of East Timor's people. Assistant Secretary Hill has apparently accepted the CTF's results before seeing its report, ignoring thousands of testimonies and the mountains of evidence collected by much more credible investigations. We are disappointed that he appears to endorse impunity.
"This is not merely a bilateral issue. The UN Security Council, with US support, has described the actions of the Indonesian military and its militias in 1999 as crimes against humanity and the international community, needing an international response.
"The CTF has had its mandate extended several times because it has an impossible task – reporting on unpleasant truths without disturbing important people in Jakarta. But the reality is that numerous Indonesian military and civilian officials, both on their own and implementing state policy, designed and carried out more than two decades of crimes against humanity in East Timor. The CTF was set up to prevent these high-level perpetrators from being held accountable for these crimes.
"We find it hypocritical that a top US official is willing to endorse the CTF's unseen report, even though Washington has not yet responded to the detailed 2005 report of Timor-Leste's Commission for Reception, Truth and Reconciliation (CAVR). A number of the CAVR's recommendations are directed at the United States.
"Finally, genuine, lasting reconciliation between the peoples of Timor-Leste and Indonesia requires more than a whitewash by governments of the day. Without a foundation of genuine accountability for decades of systematic human rights violations by the Indonesian military, Timor-Leste's people will never feel secure, and Indonesia's citizens cannot complete their journey to democracy." Background
On the same day as Secretary Hill spoke, the Indonesian Supreme Court overturned the sole conviction from Indonesia's Ad Hoc Human Rights Court on East Timor. East Timorese militia leader Eurico Guterres had received 10 years in prison for human rights violations committed in 1999; all Indonesian officials charged in this court were acquitted or had their convictions overturned. More than 70% of the people indicted by the United Nations Serious Crimes Unit in Timor-Leste enjoy sanctuary in Indonesia.
Secretary Hill is currently in Indonesia and is scheduled to visit Timor-Leste on Sunday.
In July 2007, the UN formally announced its refusal to cooperate with the CTF because its terms of reference contradict international norms against impunity. Civil society groups in Indonesia, Timor-Leste and around the world have strongly criticized the mandate and conduct of the commission.
On March 18, a number of organizations in Timor-Leste issued a statement describing the CTF as not "reflect[ing] the principles of justice for the Timor-Leste people." They called it "a political cosmetic which is intended to eliminate judicial processes for the perpetrators of crimes from the Indonesian military... in Timor Leste from 1975-1999."
Hill, asked about the CTF, told the Associated Press in Jakarta that "If it's good enough for East Timor and Indonesia, it should be good enough for us." "What we want to see is reconciliation between Indonesia and East Timor," he said. "This is the way to go. If you look at East Timor's future, it needs a good relationship with Indonesia." [http://tinyurl.com/5jcm8u ] The CTF, which covers only 1999, has said it will present its final report to the presidents of the two countries after President Josi Ramos-Horta recovers from the gunshot wounds he received on February 11.
As prime minister, Ramos-Horta committed to "endeavor to implement" CAVR's recommendations. "We owe it to the people, we owe it to the victims, we owe it to the current generation and the future generation so that Timor-Leste can live in peace," he said. The CAVR report covers the entire Indonesian occupation.
Interview with Christopher R. Hill, Assistant Secretary for East Asian and Pacific Affairs
Jakarta, Indonesia - April 4, 2008
[From http://www.state.gov/p/eap/rls/rm/2008/04/102967.htm Indonesia – East Timor section (the rest deals with Korea) from Interview With the Associated Press.]
Question: Perhaps, if you don't mind, we can talk not about Korea first of all but Indonesia and East Timor. They're moving to sort out the issues surrounding the 1999 Truth and Friendship Commission. How does the US see that?
Assistant Secretary Hill: First of all, I think it's a very positive development that they are going to forward with this Truth and Friendship Commission. This is the way to go. I think both sides are ready to make progress on this. So I find it very encouraging, and we really look forward to the results.
Question: Would that be the end of the issue, if that report is accepted by both countries?
Assistant Secretary Hill: No, well you know, I think it's important. I mean, what we want to see is this reconciliation between Indonesia and East Timor. I think if it's good enough for East Timor and Indonesia, it should be good enough for us.
question: So, it's not a concern of the UN or other country is not their business anymore?
Assistant Secretary Hill: Well, again, I don't want to put in those stark terms. But I think what everybody is engaged here, everyone has been hoping is there can be this reconciliation – because, you know, if you look at East Timor's future, it needs that future needs to include a good relationship with Indonesia. And I think this the way to go. I read some articles about it recently in Jakarta Post – there was an editorial about, I think it's yesterday in the Jakarta Post – and I am kind of encouraged with the direction it's going.
Question: Would it be pressing East Timor (inaudible) to really try and punish the people involved both in the 2006 violence and in the attack on Ramos Horta?
Assistant Secretary Hill: Well, again, it's not the rule to tell them how their justice system works. So my first issue here is to find out from them how they assess the situation, what exactly happened, what is the significance of it, what is the meaning of it, and how they're handling it. So, again, I don't think it's a question of me going there and waging my finger and telling them what to do. I am trying to figure out what is going on and get the sense of how they're handling it.
Question: Are you satisfied that the 2006 violence was investigated well enough?
Assistant Secretary Hill: Well, you know, that 2006 violence caused a lot of concerns about how East Timor is doing and, particularly, how the police force was being handled. I would love to see from the East Timor authorities how they see situation. Again, the nature of a trip like this is not to go and presume that I know more what's going on in Dili than the people who live in Dili. What I'm trying to do is understand it and understand, get the sense of whether they are coping with that, because – when you look at the problems that East Timor faces, the problems they face in term of their economy, in term of their political development – they have a lot to get done in the future.
Question: So, just back to the first question. Would the United States ever support some form of international tribunal for military officers accused of violence in 1999 or even before that?
Assistant Secretary Hill: Well, my sense is that there is a process that's going forward and a process that enjoyed a lot of support, and I think we would like to add our voice to that support.
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