Thu, 19 May 2005

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.