ICRC help protect and safeguard detainees' rights

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)