'I fear Indonesia will make the same mistakes'<\/p>\n
The country's truth and reconciliation commission is yet to
\nbegin working as its candidates are still being screened. A
\nthree-day conference on the subject ended on Wednesday; among the
\nspeakers was Howard Varney, advocate of the High Court of South
\nAfrica who also has experience in Sierra Leone and East Timor. He
\nspoke to The Jakarta Post's Ridwan M. Sijabat and Ati Nurbaiti.
\nExcerpts follow:<\/p>\n
Question: What are crucial requisites to reconciliation?<\/p>\n
Answer: No single truth and reconciliation commission has been
\nable to reach true reconciliation. All have had to concede that
\nit is a process, not only at the community level but also at
\nindividual levels.<\/p>\n
Some have put preconditions on reconciliation; disappointingly
\nthere were preconditions like forgiveness in the Indonesian law
\n(on the truth and reconciliation commission).<\/p>\n
Others say that the full truth should come before
\nreconciliation; others say reparation should come before
\nreconciliation, while others even say that full justice should be
\nreached before reconciliation.<\/p>\n
It's true that reconciliation cannot be generalized across
\ncountries; it's country and culture specific. In Sierra Leone we
\nhave had different applications but there were certain
\nprincipals.<\/p>\n
But it's up to people to come up with initiatives, it cannot
\nbe left to the leaders.<\/p>\n
We were careful in Sierra Leone not to put preconditions; we
\ndid only in the beginning but not toward the end because we
\nrealized there would not be full reparations or full justice;
\nsuch preconditions would mean condemning Sierra Leone never to
\nhave reconciliation, denying local, traditional and many
\nsuccessful initiatives.<\/p>\n
What should be done to make the truth and reconciliation
\ncommission effective?<\/p>\n
We should indeed highlight the \"success\" of other commissions
\nbut it is more important to learn from their mistakes and
\nfailures.<\/p>\n
Indonesia more or less has adopted the South African model, so
\nit is particularly crucial to refer to where South Africa fell
\nshort. But I don't think this was highlighted enough.<\/p>\n
One problem is the truth and amnesty formula; we invented it.
\nBut it is only effective with a credible and serious criminal
\njustice response.<\/p>\n
Prosecution failed against some perpetrators in South Africa,
\nwhich undermined the very agreement for truth and amnesty and
\nbetrayed the trust of victims.<\/p>\n
In many cases amnesty (has) sacrificed the rights of victims
\nto life, to dignity and the right to settlement in court.<\/p>\n
Here I fear Indonesia may make the same mistakes. I hope there
\nis serious prosecution and not a repetition of the ad hoc (human
\nrights) court (which acquitted several high ranking officers in
\nthe East Timor case) which has undermined the judicial process
\nhere. If not Indonesia should consider abandoning the (provision
\nof) amnesty.<\/p>\n
Those experienced with these commissions say expectations
\nshould not be too high; what would be a more realistic
\nexpectation?<\/p>\n
Many victims will want the truth of what happened to their
\nloved ones and who were behind the atrocities. Sadly the
\ncommission may not be able to help them in all of the cases.<\/p>\n
But the commission (should) at least put down the essential
\nstory of what happened in the years of oppression, at least to
\nput a version of history that is a representation of the
\ntestimonies that have been put to them.<\/p>\n
And where it is appropriate, to assign responsibility on
\norganizations, the government and even key individuals behind the
\ncommitment of widespread atrocities.<\/p>\n
Could you share your view of the Truth and Friendship
\nCommission of Indonesia and East Timor?<\/p>\n
It seems that it is a bilateral and political exercise to
\ncement relationships between the two countries.<\/p>\n
That is not a bad objective but I have some reservations
\nregarding whether such an exercise can get to the bottom of what
\nwent down in East Timor; because in a sense the name gives away
\nthe key objective to pursue friendship at all costs.<\/p>\n
There's already been a truth and reconciliation commission in
\nEast Timor; in the near future it will publish its reports, and
\nthat commission was recognized internationally.<\/p>\n
I would have thought that East Timor and Indonesia should have
\nwaited before the reports were published before assessing the
\nneed of a new commission highlighting the very same subject.<\/p>\n
I'm also concerned that the fact that the commission makes
\nprovision for amnesty will appear to fly in the face of earlier
\ninitiatives such as the Serious Crimes Unit (at the Dili court)
\ntasked to persecute serious crimes in East Timor.<\/p>\n
It also appears to fly in the face of the recommendation of
\nthe United Nations panel of experts (which visited East Timor)
\ncalling for the delivery of justice of those who were responsible
\nfor atrocities.<\/p>\n
Since 1999 the two nations have already established relations
\nand friendship. So is the commission really to establish
\nfriendship, or is it to replace other attempts to bring justice?<\/p>",
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