Traditional system of dispute resolution for Timor Leste<\/p>\n
Basilio Dias Araujo, Jakarta<\/p>\n
Amid the initiative of the government of Indonesia and the
\ngovernment of Timor Leste to establish a traditional system of
\ndispute resolution through the Commission of Truth and Friendship
\nthe terms of reference of which were signed between the two
\ncountries on March 9, 2005 in Jakarta, comes a promising signal
\nfrom the International Criminal Court (ICC) prosecutors. In its
\nDarfur report to the Security Council dated June 26, 2005 the ICC
\nstated that the "Traditional mechanism of dispute resolution may
\nalso fulfill the need for justice".<\/p>\n
This signal does not only open a new horizon for the
\ninternational legal community to explore a new possibility to
\nmerge conflict resolution and the rule of law in addressing peace
\nand justice, but also to explore a new ramification that a Tribal
\nand Traditional System of Dispute Resolution may also create a
\nnew contribution and a window of opportunity to settle legal
\nissues arising from crime driven conflicts.<\/p>\n
However, in the same report the ICC prosecutor also issues an
\nambiguous statement emphasizing that "Peace and stability require
\npublic confidence in justice and the rule of law". And public
\ntrust is probably the most difficult aspect especially for
\nIndonesia in convincing the international community that the
\nperpetrators of the gross human rights abuses in East Timor will
\nbe brought to justice.<\/p>\n
The idea of Indonesia and Timor Leste to establish a
\nCommission of Truth and Friendship to avoid the establishment of
\nan international tribunal for the crimes against humanity
\ncommitted by Indonesia during its occupation of Timor Leste, may
\nface strong resistance from international community due to
\nIndonesia's lack of credibility.<\/p>\n
Indonesia and Timor Leste, must, therefore, have convincing
\narguments to show that the Commission of Truth and Friendship is
\nthe only way to restore peace, justice and stability in Timor
\nLeste.<\/p>\n
There are two different angles from which to view the issue of
\nhuman rights violations; from the perspective of "Justice and the
\nRule of Law" and "Tribal and the Traditional System of Dispute
\nResolution".<\/p>\n
From the point of view of "Justice and the Rule of Law",
\npunishment through a court of law is the best way to punish the
\ncriminals.<\/p>\n
This system, however, solves one problem on one side of the
\ncoin and leaves the other side untouched. In cases of civil wars
\nlike what happened in 1975 -- after Portugal left the territory
\nabruptly and irresponsibly -- the Timorese people were dragged
\ninto a civil war which ended in the death of about 60,000, killed
\nby Fretilin, according to a United Nations report.<\/p>\n
Many of those involved in the massacre are now members of the
\ncurrent Timor Leste government.<\/p>\n
So to put it simply, Portugal should be held accountable for
\nits negligence in abandoning the territory. Key Fretilin leaders
\nwho are now in power in Timor Leste should be held accountable
\nfor the massacre. Meanwhile Indonesia and her pro-integration
\nmilitias, like Eurico Guterres, should also be held responsible
\nfor the atrocities after the referendum in 1999.<\/p>\n
This solution would bring justice for the people, but would
\nbring unhappiness because no one would be happy to see his or her
\nleaders imprisoned. From this point of view, the rule of law is
\nupheld, but the outcome is not welcomed by the people. Hence, the
\napplication of the rule of law may please the group of people in
\nfavor of the concept of the rule of law, but creates a new
\nreaction from the parties in conflict that may lead to renewed
\nviolence.<\/p>\n
Therefore the conclusion the principle of justice and the rule
\nof Law applied to solve cases of civil war will only create new
\nconflicts if not worse problems.<\/p>\n
On the other hand, if a Tribal and Traditional System as
\ninitiated by Indonesia and Timor Leste through the Commission of
\nTruth and Friendship is applied, there is bigger chance that it
\nwould not only restore the rule of law, but also promises peace
\nand stability in Timor Leste in the long term.<\/p>\n
The international community has to take the signal from Timor
\nLeste as to why it agreed to establish the Truth and
\nReconciliation Commission.<\/p>\n
The leaders of Timor Leste realize that starting a criminal
\ncourt trial for Timor Leste would not only require almost all the
\nTimorese prominent leaders now ruling Timor Leste to face trial,
\nbut also the prominent Indonesian leaders now ruling the
\ngovernment.<\/p>\n
Therefore the Commission of Truth and Friendship between
\nIndonesia and Timor Leste is the only solution that may promise
\npeace, friendship, solidarity and good neighborliness between the
\ntwo countries. It does not only solve the legal issues between
\nthe parties trough amnesty, or compensation or restitutions as
\nsuggested by the principle of the Commission of Truth and
\nFriendship, but also promises eternal peace.<\/p>\n
Although it sounds strange to western society, this form of
\nconflict resolution may become the first sample in the world as
\nstated by Timor Leste Foreign Minister Jose Ramos Horta during
\nthe Joint Ministerial Commission III between the two countries on
\nJuly 8.<\/p>\n
The United Nations Security Council is, therefore, already on
\nthe right track by stalling the Timor Leste tribunal plan (The
\nJakarta Post July 15, 2005) and should in no way oppose the
\nestablishment of the Commission of Truth and Friendship between
\nIndonesia and Timor Leste for the sake of global and regional
\npeace and stability as the main goal and spirit of the United
\nNations Charter.<\/p>\n
The writer is a postgraduate business law student at Pelita
\nHarapan University, Jakarta. He can be reached at
\nbasilioaraujo@yahoo.co.uk.<\/p>",
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