Decision to accept UN experts prudent

Decision to accept UN experts prudent

Dede A. Rifai, Geneva

The government finally approved the visit of the Commission of
Experts (CoE) formed by the UN secretary-general. During their
visit in Indonesia on May 18 to May 20, the CoE met with various
top Indonesia officials such as President Susilo Bambang
Yudhoyono, foreign minister Hassan Wirayudha and Attorney General
Abdul Rahman Saleh.

Previously, the government considered the CoE unnecessary and
redundant because of the Commission of Truth and Friendship (CTF)
established by the governments of Indonesia and Timor Leste.

The government shifted its policy, as stated by Minister
Hassan, after looking at the changes in the CoE's mandate.
According to its Terms of Reference (ToR), the CoE will
complement the CTF by considering how its analysis can be of
assistance to the CTF.

The Indonesian decision to accept the CoE was realistic,
rational and proper, since it poses the least amount of risk of
all the available options. If Indonesia did not accept CoE, it
would have been unable to provide any information from its side
on the judicial process in Indonesia regarding the human rights
violations in East Timor in 1999. This could have negatively
affect the recommendations formulated by CoE.

Although the CoE was only formed by the UN secretary-general,
not the Security Council, the CoE's recommendations will be the
main reference point for the Security Council in formulating its
actions on this case.

If Indonesia did not accept the CoE, Indonesia would have been
considered as not cooperating with the commission. The UN
Security Council, as mentioned in Resolution 1599 (2005), calls
on all parties (including Indonesia) to cooperate fully with the
work of the CoE.

If its resolutions are breached, the Security Council usually
adopts acts under Chapter VII of the UN Charter, which has bad
implications for the breaching parties.

However, the Security Council, in the same resolution,
acknowledges the improvement of relations between Indonesia and
Timor Leste, including the agreement to establish the CTF.

The council also slightly softened its position on the
judicial process regarding serious human rights violations in
East Timor in 1999, by only reaffirming the need for credible
accountability, instead of reaffirming the fight against impunity
mentioned in the Resolution 1573 adopted last year.

In general, international law prohibits intervention in
sovereign states. One of the exceptions is in the case of serious
human rights violations that can be considered a threat to peace
and security, as discussed in Chapter VII of the UN Charter.

UN Security Council Resolution 1264 (1999) considered the
situation in East Timor, specifically the serious human rights
violations taking place there, a threat to peace and security.
Therefore, the UN Security Council had the authority to
intervene.

Indonesia argued in 2000 that reported human rights violations
were committed in East Timor when it was still part of the
territory of Indonesia. Therefore, the judicial process of the
case is under the jurisdiction of Indonesian law, which is
functioning and capable of disposing of justice.

However, Indonesian's decision to accept and hold various
meetings with the CoE, and the UN's position to recognize and
assist the CTF, show that Indonesia and the UN have been able to
put aside their differences.

By accepting the CoE, the government has shown to the
international community that Indonesia respects international
law, including international humanitarian and human rights laws.

Indonesia has been a shining example of democracy for
developing countries and "Islamic countries". This recent
cooperation by Indonesia in addressing the UN intervention, while
protecting its national sovereignty in the case of human rights
violations in East Timor, could also be a good example for other
developing countries experiencing similar situations.

The writer is studying at the Diplomatic Studies Program,
Graduate Institute of International Studies, University of
Geneva, Switzerland. He can be reached at dederifai@hotmail.com.