If tribunal's outcome was dissatisfactory, it's not my business

If tribunal's outcome was dissatisfactory, it's not my business

The UN-sanctioned commission of experts (COE) commenced their
mission in Jakarta on Wednesday and they will stay until Friday
to meet a variety of people involved in meting out justice for
East Timor. Their main task is to evaluate the judicial process
of the tribunal that acquitted nearly all the military/police
officers and government officials charged with grave human rights
abuses in East Timor throughout 1999, the year it held a ballot
that led to independence. The experts also visited East Timor
last month. I Gusti Agung Wesaka Puja, from the Directorate
General for Human rights, Humanitarian, Social and Cultural
Affairs at the Foreign Affairs Ministry, gave his comments on the
UN experts' mission to The Jakarta Post's Ridwan Max Sijabat.

Question Why did the government finally allow the UN-
sanctioned commission of experts (COE) to visit Indonesia?

Answer: The government is realistic. We let them visit after
the UN changed its terms of reference of the commission of
experts, which now recognizes the Indonesia-East Timor Commission
of Truth and Friendship (CTF). So the UN commission has now
agreed to give input on the CTF to accomplish its mission. The
government has never been under public pressure in the issuance
of visas for the UN experts.

What will they do in Indonesia?

I don't know what is their main agenda exactly and whom they
want to meet with but their main mission is to evaluate the
judicial process of the ad hoc tribunal that tried (those charged
with perpetrating) 1999 East Timor human rights violations.

Is the UN experts' presence going to negate the CTF -- obscure
its mission?

It is not, exactly because the two commissions, which are not
running parallel, are expected to help one another. COE is
expected to help CTF and the two countries to make a
reconciliation, strengthen bilateral ties in the future, bury the
past wounds, close the history's dark chapter and forge
cooperation to prevent such human rights abuses from happening in
the future. CTF will go ahead with or without the UN's experts.

What is the most that can be expected from the COE to achieve
their mission?

The UN and its commission of experts are expected to
eventually support the reconciliation between Indonesia and East
Timor. The world's organizations and the international community
should be realistic about the credibility of COE without any
support from Indonesia and East Timor.

But, how will justice be done over the human rights abuses
that took place?

The joint friendship commission was established to make
reconciliation and to uphold justice. It is not merely a matter
of punishment. It gives more emphasis on the two countries'
bilateral ties in the future. The aspect of justice is necessary,
but the most important thing is reconciliation and the two
nations' future.

But how do you respond to the accusations that Indonesia is
unwilling and unable to bring to justice the perpetrators of the
crimes against humanity?

The accusations are baseless. Indonesia is different from the
failed states, which are unable to solve such problems. Indonesia
has the willingness and a strong commitment to settle the human
rights issue peacefully.

The government has shown its willingness by taking an
initiative to set up a fact-finding team (KPP Ham) following the
riots, to carry out a thorough investigation into the human
rights abuses. The government also set up an ad hoc tribunal to
try human rights perpetrators. That the tribunal's outcome was
dissatisfying to some, is not my business. We cannot interfere in
the tribunal's internal affairs. The reality that most suspects
were acquitted, is an indication that the judges have their legal
perspectives and reasons to do so.