Humiliation looms as UN inquiry begins

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)