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The traumatic birth of a nation

By Mark Byrne - posted Thursday, 8 June 2006


Timor Leste President, Xanana Gusmao, has argued repeatedly that focusing on the economic and social development of the nation is the best way to heal the wounds of the past. At the same time he has called for his people to forgive, in the spirit of reconciliation, the Indonesian military and East Timorese militia who committed crimes against them.

Xanana’s attitude has, however, become a running sore in the new nation. Political parties other than Fretilin, the church and civil society have all called repeatedly for justice for the war crimes and crimes against humanity carried out between 1975 and 1999.

The lack of justice was a factor in the mass protests in Dili last year. Yet after a serious crimes process in East Timor and a sham ad hoc Human Rights Court in Jakarta, all of the non-Timorese perpetrators remain at large, protected by Indonesia.

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To make matters worse, last year Foreign Minister Jose Ramos Horta negotiated with Indonesia to set up a Commission of Truth and Friendship that will recommend the granting of amnesties to war criminals. This is in contravention of international human rights law, which regards amnesties as sending a message that human rights abuses may be committed with impunity.

The experience of other nations such as South Africa is that truth commissions can allow victims to tell their stories and begin the process of achieving psychological closure in relation to past traumatic events. East Timor’s leaders knew this, and consulted with South Africans and others with experience of truth commissions before establishing the CAVR.

A community reconciliation process was carried out in East Timor between 2002 and 2004 by the CAVR. Those accused of low-level crimes such as beatings and property destruction - mostly former militia members - were invited to admit their crimes, be confronted by the victims, and make amends.

But victims often complained that while minor militia members and leaders took part in this process, the “big fish” - mostly senior Indonesian military officers - had got away with rape, torture and murder. They were right: 339 suspects charged under the Serious Crimes process, which ran parallel with the CAVR, remain in Indonesia. It refuses to co-operate with extradition requests.

The East Timor Government cannot afford to upset its big, powerful neighbour. In the absence of meaningful action by Indonesia, there have been repeated calls - from within East Timor, from international human rights groups, and most recently from the Commission of Experts appointed in 2005 by UN Secretary-General Kofi Annan to report on the justice issue - for the former General Wiranto and others to face an international war crimes tribunal or some other independent judicial mechanism.

While everyone in East Timor seems to welcome the current deployment of Australian military forces and police, Australia also bears some responsibility for the collective trauma of the East Timorese people today. We acquiesced in the Indonesian invasion in 1975 and ignored warnings of impending trouble leading up to the vote on independence in 1999.

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Our government does not want to risk antagonising Indonesia by supporting calls for the former General Wiranto and other TNI officers to be extradited to East Timor or a third country to face charges.

However, if we do not act in support of justice for East Timor, we will be sending the message that we are not committed to upholding the rule of law and respect for human rights around the world.

We will also be helping to condemn a nation to live forever with an open wound, thereby sowing the seeds of future instability.

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About the Author

Dr Mark Byrne is Senior Policy Officer for Energy + Water, Public Interest Advocacy Centre in NSW.

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