End game in East Timor

End game in East Timor

Even though it has been almost two and a half years since an
eruption of violence in East Timor, not a single Indonesian
military and police officer responsible for security in the
territory at that time has been prosecuted. While it is up to a
court of law to determine whether they were responsible for
neglect, or worse as widely alleged, for promoting or fanning the
violence preceding and following the UN-sponsored self-
determination ballot in August 1999, there is no doubt that
Indonesia owes the international community some credible
explanation. All the more reason now that East Timor has become
an independent state, albeit under UN administration.

An impartial court of law, preferably in Indonesia, would be
the best place to conduct such a hearing. But, unless Indonesia
lives up to its responsibility as a member of the international
community, an international tribunal hearing for these officers
will be the most appropriate alternative. That was certainly the
warning that came from the United Nations High Commissioner on
Human Rights, Leandro Despuoy, during his visit to Indonesia this
week.

Successive administrations since 1999 -- from presidents B.J.
Habibie, Abdurrahman Wahid to Megawati Soekarnoputri -- for some
reason used various tactics to delay the prosecutions. But the
world has waited long enough, and there is no way Indonesia can
hope to escape from this international obligation forever.

Is this waiting game about to end anytime soon? Hardly.

Earlier this month, President Megawati appointed judges to
preside over the new ad hoc human rights courts, which will deal
with the 1999 East Timor mayhem, among other things. But without
domestic and foreign pressures, the proceedings will likely take
a long time. Any conviction, one way or the other, is likely to
remain a very long way away, if it ever reaches that stage.

With Despuoy's visit and the warning of an international
tribunal, this is a good time to review the whole situation and
to ask ourselves whether these delaying tactics have served the
nation's interests. The administration's relentless efforts to
shield a handful of military and police officers from legal
prosecution has not been without its costs to the rest of the
nation.

The U.S. Congress has severed all military cooperation
programs with Indonesia, including training, and imposed an
embargo on sales of military hardware in response to the 1999
violence in East Timor. The European Union also momentarily
imposed a similar embargo. For better or for worse, these
embargoes have compromised the ability of our defense forces in
dealing with the various armed conflicts.

The heaviest cost that the East Timor debacle is exacting on
Indonesia, though, is on its international reputation and image.
This incident hurt the entire nation, and not just the military.

The 1999 mayhem itself has already raised doubts about the
ability of Indonesia, as a state, to protect lives and property
of people under its charge. Indonesia's failure to prosecute the
military and police officers has now raised doubts about its
ability, again as a state, to uphold the law and deliver justice.

It is no wonder that more and more people around the world see
Indonesia as a pariah state. If this image continues, more and
more investors and tourists will shun Indonesia.

The tragic aspect of all this is that it did not have to be
this way at all. All it takes is strong political will from the
Megawati administration to send military and police officers in
charge of East Timor's security in 1999 to court. How difficult
can that be? They are already assisted by highly paid lawyers, so
their rights to a fair hearing should be secured. If they were
innocent, then let them prove their case in court.

Clearly, it is in the best interest of this nation to
accelerate the entire legal process. These delays should come to
an end, for our own good. We need to put the East Timor nightmare
behind us, once and for all, and quickly, and restore our
reputation and credibility among the international community.
Most of all, we need to get on with our lives.