Thirty-year wait for justice for Timor Leste

Thirty-year wait for justice for Timor Leste

Adirito de Jesus Soares, Dili

This week marks the 30th anniversary of the Indonesian
invasion of East Timor, with the people of East Timor organizing
different activities to commemorate this historic moment. There
was a public debate on justice for victims, a long march in the
capital, the launching of a documentary film and the laying of
wreaths and flowers around Dili harbor, where many innocent
people were killed during the invasion.

Thirty years ago on Dec. 7, bombs, gunfire and troops rained
down on this backwater capital of the former Portuguese colony of
East Timor. The Indonesian invasion led to untold casualties,
killings, rapes and other atrocities over the next 24 years. The
remains of many of the victims, beloved by their families, to
this day have never been found.

The invasion and subsequent occupation was supported by
Indonesia's powerful allies, mostly western countries, including
Australia and Britain. Then U.S. president Gerald Ford and his
secretary of state, Henry Kissinger, signaled their approval
while in Jakarta a day before the invasion.

Today, Saddam Hussein is on trial in Iraq and perpetrators of
crimes against humanity in several countries have been brought
before the UN's ad hoc tribunals. Prosecutors at the
International Criminal Court are investigating the leaders of the
Ugandan rebel group the Lord's Resistance Army. Meanwhile, the
Indonesian generals who organized and committed serious crimes
against humanity in East Timor remain free. Why should there be
such discrimination in the implementation of justice?

On Nov. 12, 1991, the world awakened to the plight of East
Timor, when hundreds of unarmed East Timorese students were
gunned down by the Indonesian military during a peaceful protest
at Santa Cruz cemetery in Dili. This was just one case among many
in a long list of terrible atrocities committed by the Indonesian
military in East Timor.

Like the Santa Cruz massacre, many of the crimes committed by
the Indonesia military during its occupation of East Timor are
well-documented. A recent report by the UN Commission of Experts
(COE) made a strong case for an international role in prosecuting
the crimes against the people of East Timor. The COE report was
released at a time when, unfortunately, the UN seems unwilling to
take concerted action to bring to justice key perpetrators. It
would be regrettable if the very robust recommendations of the
COE -- including its call to establish an international tribunal
if other efforts fail -- suffered the same fate as previous
reports now gathering dust at the UN.

Meanwhile, the governments of East Timor and Indonesia have
conspired to bypass the whole issue of justice. Their joint Truth
and Friendship Commission has been strongly criticized as more
likely to bury the issue and pave the way for impunity.

By contrast, East Timor's Commission for Reception, Truth and
Reconciliation (CAVR), a body established by the UN three years
ago, recently handed over its report. It contains strong
recommendations pertaining to justice and reparations for
victims.

Faced with the CAVR report, the president of East Timor,
Xanana Gusmao, first expressed his strong objection to the
recommendations. The president is now arguing that the report,
especially its recommendations, could harm the relationship with
the Indonesian government. He has cited one recommendation, that
the international community bring perpetrators to a credible
court. The report also recommends that the Indonesian government
pay reparations. This stance by East Timor's president shows the
subservient attitude of the East Timor government toward its
former colonizer. The government's attitude has also been roundly
criticized by civil society, both within East Timor and
internationally.

Progress toward justice lies squarely in the hands of the UN.
But as it has shown repeatedly, the UN acts slowly in responding
to crises of humanity, whether in attempting to prevent them or
to punish people after the fact. However, fighting against
impunity, as enshrined in its various international documents,
remains one of the main goals of the UN. Why is it that Saddam
Hussein can be tried, Milosevic can be tried, the International
Criminal Court at the Hague is now indicting the leaders of the
Lord's Resistance Army and perhaps other leaders who committed
serious crimes, yet the Indonesian generals who were involved in
one of the darkest chapters of human history walk free?

The UN must take prompt action to bring these Indonesian
perpetrators to justice. Otherwise, the Indonesian government
will face an insurmountable barrier in rebuilding the rule of law
and establishing democracy in its own country. Continued impunity
could also lead to border incursions into East Timor by rogue
Indonesian military elements. Should East Timorese victims never
see justice, the UN itself will become a victim of its own hollow
rhetoric. It can avoid that fate by implementing the
recommendations of its own Commission of Experts.

The writer, a human rights lawyer, lecturer and former member
of East Timor's National Parliament, is based in Dili, East
Timor.