Decision to accept UN experts prudent<\/p>\n
Dede A. Rifai, Geneva<\/p>\n
The government finally approved the visit of the Commission of
\nExperts (CoE) formed by the UN secretary-general. During their
\nvisit in Indonesia on May 18 to May 20, the CoE met with various
\ntop Indonesia officials such as President Susilo Bambang
\nYudhoyono, foreign minister Hassan Wirayudha and Attorney General
\nAbdul Rahman Saleh.<\/p>\n
Previously, the government considered the CoE unnecessary and
\nredundant because of the Commission of Truth and Friendship (CTF)
\nestablished by the governments of Indonesia and Timor Leste.<\/p>\n
The government shifted its policy, as stated by Minister
\nHassan, after looking at the changes in the CoE's mandate.
\nAccording to its Terms of Reference (ToR), the CoE will
\ncomplement the CTF by considering how its analysis can be of
\nassistance to the CTF.<\/p>\n
The Indonesian decision to accept the CoE was realistic,
\nrational and proper, since it poses the least amount of risk of
\nall the available options. If Indonesia did not accept CoE, it
\nwould have been unable to provide any information from its side
\non the judicial process in Indonesia regarding the human rights
\nviolations in East Timor in 1999. This could have negatively
\naffect the recommendations formulated by CoE.<\/p>\n
Although the CoE was only formed by the UN secretary-general,
\nnot the Security Council, the CoE's recommendations will be the
\nmain reference point for the Security Council in formulating its
\nactions on this case.<\/p>\n
If Indonesia did not accept the CoE, Indonesia would have been
\nconsidered as not cooperating with the commission. The UN
\nSecurity Council, as mentioned in Resolution 1599 (2005), calls
\non all parties (including Indonesia) to cooperate fully with the
\nwork of the CoE.<\/p>\n
If its resolutions are breached, the Security Council usually
\nadopts acts under Chapter VII of the UN Charter, which has bad
\nimplications for the breaching parties.<\/p>\n
However, the Security Council, in the same resolution,
\nacknowledges the improvement of relations between Indonesia and
\nTimor Leste, including the agreement to establish the CTF.<\/p>\n
The council also slightly softened its position on the
\njudicial process regarding serious human rights violations in
\nEast Timor in 1999, by only reaffirming the need for credible
\naccountability, instead of reaffirming the fight against impunity
\nmentioned in the Resolution 1573 adopted last year.<\/p>\n
In general, international law prohibits intervention in
\nsovereign states. One of the exceptions is in the case of serious
\nhuman rights violations that can be considered a threat to peace
\nand security, as discussed in Chapter VII of the UN Charter.<\/p>\n
UN Security Council Resolution 1264 (1999) considered the
\nsituation in East Timor, specifically the serious human rights
\nviolations taking place there, a threat to peace and security.
\nTherefore, the UN Security Council had the authority to
\nintervene.<\/p>\n
Indonesia argued in 2000 that reported human rights violations
\nwere committed in East Timor when it was still part of the
\nterritory of Indonesia. Therefore, the judicial process of the
\ncase is under the jurisdiction of Indonesian law, which is
\nfunctioning and capable of disposing of justice.<\/p>\n
However, Indonesian's decision to accept and hold various
\nmeetings with the CoE, and the UN's position to recognize and
\nassist the CTF, show that Indonesia and the UN have been able to
\nput aside their differences.<\/p>\n
By accepting the CoE, the government has shown to the
\ninternational community that Indonesia respects international
\nlaw, including international humanitarian and human rights laws.<\/p>\n
Indonesia has been a shining example of democracy for
\ndeveloping countries and "Islamic countries". This recent
\ncooperation by Indonesia in addressing the UN intervention, while
\nprotecting its national sovereignty in the case of human rights
\nviolations in East Timor, could also be a good example for other
\ndeveloping countries experiencing similar situations.<\/p>\n
The writer is studying at the Diplomatic Studies Program,
\nGraduate Institute of International Studies, University of
\nGeneva, Switzerland. He can be reached at dederifai@hotmail.com.<\/p>",
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