Humiliation looms as UN inquiry begins
The United Nations is dispatching this week its first human rights experts to East Timor. Lawyer and human rights activist T. Mulya Lubis says the move will have profound consequences for Indonesia.
Question: Indonesia has opposed the dispatch of a UN fact- finding commission to East Timor to probe reported atrocities there. Could the UN go on with its plan despite the opposition?
Answer: Ideally there should be approval (from the Indonesian government), but in reality East Timor is under the control of Interfet (the International Force for East Timor), so the investigation team can start their work.
Q: Indonesia is in fact reversing its decision, when it earlier said it would accept the commission, why is that?
A: I think Muladi (State Secretary/Minister of Justice) did not foresee the tremendous international pressure behind the plan. I think he somehow overlooked the matter and its implications. We should realize that this case is by no means a simple one.
Q: Meaning?
A: This is no longer a domestic matter, but a global one with very legitimate international concerns. Opposing the UN move is a very unrealistic response, not to say narrow nationalism. Ideally, we should cooperate with the international commission.
Q: What if Indonesia keeps on refusing to cooperate with the UN commission?
A: It will set off a collision and (lead to) discrepancies in the investigation. If that happens, the international community will think the investigation by the international commission is the one with far more credibility.
Q: Do you envisage an ideal format for such a commission?
A: If possible, the core team of the international commission will include Indonesians, but it looks like the National Commission on Human Rights (Komnas HAM) wants to set up its own team. The problem is whether or not Komnas HAM will cooperate with the UN commission, and whether they will have the same terms of reference.
Q: What will happen if the terms of reference differ?
A: The international community will have doubts about the results delivered by Komnas HAM. I think we have to be realistic and wise in responding to this development. We have to remember that the UN commission has alleged that the human rights violations in East Timor were partly committed by the militia with the support of the Indonesian Military (TNI) and the police. Like it or not, either the police or the military will have difficulties in avoiding their responsibilities, and it is not unlikely that TNI personnel will be brought to an international court.
Q: Do you think such a tribunal will be set up?
A: It will depend on the results of the UN inquiry commission.
Q: What if the commission obtains a lot of evidence?
A: As a nation, we will suffer painful humiliation and we will be isolated. But Indonesia has no other choice, because the cruelty and killings in East Timor were extremely visible. We will be forced to abide by the international norms or face international isolation.
Q: Perhaps these unfolding events present a new situation for Indonesia?
A: We may be the first country (to be tried in an international court) in Asia. Pol Pot (the notorious communist leader of Cambodia) also did the same, but there was not an international court. The humiliation process is something we must pay for because of our past political strategical errors. Not even Saddam Hussein experienced such a thing. Mary Robinson (the UN High Commissioner for Human Rights) has already specifically mentioned the names of some high-ranking TNI members. And it is difficult to stop it. And the list may expand.
Q: So what we have to do?
A: We must negotiate and coordinate with the UNCHR to decide on the terms of reference and the timeframe. The period to be scrutinized should be clarified. If it covered the early period beginning in 1974, it would be very disadvantageous to us.
Q: How do you read visiting U.S. Defense Secretary William Cohen's statement that the military should abide by civilian rule?
A: A new political mapping will emerge in which the sovereignty of civilians will be restored and the military will return to its defense function. This situation is still in an embryonic state, but civilians must eventually be able to cooperate in the framework of power-sharing. This process is best left to civilians without military interference. International investors will be more comfortable working with civilians.
Q: How does this development relate to domestic politics?
A: There is an urgent need for a completely new civilian government. It will be dangerous if the ongoing People's Consultative Assembly (MPR) convention produces the same old government. Old wine in a new bottle lacks credibility. Only a truly new civilian government can mitigate the nation's burdens. (hbk)