ICRC help protect and safeguard detainees' rights

DILI, East Timor (JP): A woman once came to the ICRC office here to report that her relative was missing and she believed he had been detained.

The ICRC delegate directed her to first inquire at the local military post. She did so and found an officer who kindly explained the reason for her relative's detention and provided a written verification of his well-being.

This true story, recounted by Juerg Frey, head of the ICRC office in East Timor, typifies the dual roles of the ICRC in East Timor.

As a guardian of international humanitarian law, the ICRC is bound to protect and safeguard the rights of the detained.

Yet it must also strive to promote universal concepts of humanitarianism through dissemination of information to the security authorities.

Neither is an easy task.

There are continuing misperceptions about its role. While it receives plenty of genuine complaints, the ICRC must also deal with misguided requests for assistance, including those for economic support.

And while relations with the security authorities may be good, the reiteration of humanitarian concepts to them is an unending task.

The mainstay of the ICRC's activities revolves around checking on reports of missing people and visits to security detainees.

With detainees, it deals with any person arrested in connection with internal strife and makes no distinction between bystanders or combatants.

In 1995 the ICRC delegation visited at least 166 East Timorese detainees in 19 detention centers.

The ICRC checks the condition and treatment of the detainees during the visits. Three main prerequisites must be given to them in conducting these checks; free access to detainees, interviews without the presence of a witness and the possibility of future monitoring.

Frey explained that ICRC delegates conduct constructive dialog with the authorities to ameliorate the conditions of detention.

He said the main task was to "create conditions that are helpful to victims".

This begs the question why these duties cannot be handled by comparable Indonesian authorities.

The answer probably lies in public trust and the perception of neutrality. The ICRC adheres to strict discretion -- its confidential reports are handed directly to authorities and findings rarely divulged to the public.

The ICRC uses the reports to urge corrective measures on its findings of misconduct.

This approach builds trust and the authorities are confident that the ICRC is not out to smear them.

The ICRC, as a private organization removed from any government or vested interest except the protection of humanitarian law, bears the credence it needs to conduct its duties.

It has won over the public's trust to such an extent that the deputy military commander of the province, Col. Soekotjo HS, remarked in a tone of near lament that people seem to prefer taking their complaints to the ICRC instead of available avenues in the authorities.

"People apparently feel that they can complain to foreigners," he said. "If the ICRC consisted of our people no one would come up and talk. Maybe they figure the ICRC can inquire further if they think I'm lying."

"On the other hand, I also feel that people here are not fully informed, and treat the ICRC as a dentist who can cure everything. They think anything can be resolved by the ICRC."

He also voiced concerns about the issues brought before the organization. "I'm sure that those going to the ICRC have a legitimate problem. The only question is whether that problem is really that grave."

Nevertheless Soekotjo does see a personal benefit in having the ICRC account for felonious accusations lodged against the military. "Better to have them respond than us have to continually say no, no, no, it's untrue... it gives me a headache."

While maintaining that cooperation with the ICRC was much appreciated and that its activities had not stepped beyond its mandate, Soekotjo hinted that their current presence might not be as vital as it appears to be.

"If they're here that's good. But if they weren't, I'm already doing their job," he said, adding that many health projects of the ICRC are currently being undertaken by local health authorities.

While it cannot resolve the problems of East Timor, the ICRC can play a significant role in creating an atmosphere of trust and leniency.

The mere act of forging a dialog between the security forces and the general population is of benefit.

The fact that ICRC delegates always direct claimants to check first with police and military posts about their queries helps in eradicating the aura of fear some feel when dealing with security officers.

"The aim is to try to encourage dialog with people in the field... since sometimes we can do much, then we help them set up the meeting," Frey said.

The most essential prerequisite of being an ICRC delegate is probably to be able to juggle the different hats of the consummate diplomat. They must be personally trusted by the people but also be able to negotiate and be considered a peer by the authorities. These demands explain the amiable qualities of the five ICRC delegates at the Dili office.

Aside from the hazards of their daily activities, delegates must often contend with the problems of an alien culture.

Frey, who has been in Dili for 10 months, admits the different approach to interpersonal relationships sometimes makes it difficult to understand the true nature of complaints or queries. "People here are always polite," he remarked. (mds)