Rights Groups Write UN on Justice for East Timor

28 March 2006

His Excellency Kofi Annan Secretary-General The UnitedNations 1 United Nations Plaza New York, New York10017-3515

March 24, 2006

Dear Mr.Secretary-General:

We are writing to express ourconcern that the report of the Commission for Reception,Truth and Reconciliation in Timor-Leste (CAVR) has not yetbeen referred to the United Nations Security Council fordiscussion. The report, which was presented to you onJanuary 20, 2006 by Timor-Leste's President Xanana Gusmao,specifically recommends that you refer it to the UN SecurityCouncil, the UN General Assembly, the UN Special Committeeon Decolonisation, and the UN Commission on Human Rights.The report also requests that each of these bodies devote aspecial session to discussing and reflecting on the reportand the lessons to be learned from its contents andfindings. We urge you to follow these recommendations bydisseminating this important document to the wider UNcommunity.

The findings and recommendations of the CAVRreport draw on the Commission's work of recording statementsfrom over 8,000 individuals, and listening to hundreds ofvictims' testimonies through public hearings over the pastfour years. The CAVR's authoritative and exhaustive accountof the views of the people of Timor-Leste on issuessurrounding justice concluded that, "the demand for justiceand accountability remains a fundamental issue in the livesof many East Timorese and a potential obstacle to building ademocratic society based upon respect for the rule of lawand authentic reconciliation between individuals, families,communities and nations." The CAVR also determined that thecommitment of the UN was critical to achieve justice forcrimes committed in Timor-Leste.

An independentstatutory authority, the CAVR was originally created by anUNTAET regulation based on broad Timorese support. TheCommission was supported by UN funding and technicalassistance. Many of the human rights violations uncovered bythe Commission took place just before and after the August1999 referendum following the May 5 agreement to which theUN was a party, with UN staff among the victims. Thesefactors further magnify the need for the UN to respond tothese violations of internationally recognized humanrights.

The CAVR investigation found that the crimescommitted in1999, while egregious, "were far outweighed bythose committed during the previous 24 years of occupation."We share CAVR's unhappiness that "the internationalcommunity has paid little or no attention to the issue ofjustice for the grave crimes committed in Timor-Lestethroughout the 23 years prior to the 1999 atrocities." Weurge you to explore ways to end impunity for crimes againsthumanity committed in Timor-Leste throughout the illegalIndonesian occupation. In the same connection, we cannot butbe concerned that the international community has so farbeen unable to effectively support accountability even forthe 1999 crimes when now it is clear that they were only afraction of the total crimes committed.

We are alsoconcerned that the report of the independent Commission ofExperts (COE), appointed by you to review the prosecution ofserious violations of human rights in Timor-Leste in 1999,was not formally discussed by the Security Council. Withouttaking formal action, the Council asked you in September2005 to prepare an additional report "on justice andreconciliation for Timor-Leste" providing guidance on theissue. We urge you to promptly issue the report on justiceand reconciliation for Timor- Leste requested by theSecurity Council and that you endorse the recommendations ofthe COE report and take into account the relevantrecommendations of the CAVR.

These include therecommendation that if the government of Indonesia does notcomprehensively review prosecutions and Serious Crime Unitindictments and initiate credible judicial processes, aninternational criminal tribunal should be established forthe prosecution of high-level perpetrators. We further askyou to refer to the Security Council the fact that Indonesiahas never formally answered the findings in the report, andsuch a response should be pursued.

The UN has alreadyprovided Indonesia with many opportunities to demonstrateits commitment to deliver a credible justice process forthose accused of committing atrocities in Timor-Leste.However, Indonesia has not made any genuine attempts to endthe impunity for those responsible for those atrocities. Thefailure of the ad hoc court in Jakarta has been welldocumented. This process, described by the Commission ofExperts as "manifestly inadequate," acquitted 17 defendantsat first instance or on appeal. Both the COE and the CAVRreports are rigorous and comprehensive, building uponprevious findings by UN special rapporteurs, theInternational Commission of Inquiry on East Timor and tworeports prepared for the Office of the High Commissioner ofHuman Rights. All those studies have authoritativelyreconstructed the truth and responsibilities about thecrimes against humanity committed during the Indonesianoccupation, yet inaction persists. It is essential that bothare seriously taken into consideration by the Council in itsdeliberations. The UN must rise to the challenge of thecurrently prevailing impunity: we hope that you will providethe necessary leadership.

Sincerely,

Bella Galhos,La'o Hamutuk (Timor-Leste Institute for Reconstruction

Monitoring and Analysis)

Maria Afonso de Jesus,Timor-Leste National Alliance for an

InternationalTribunal

Neil Hicks, Director of InternationalPrograms, Human Rights First.

David Bedford, ActingDirector, Progressio

Charles Scheiner, Secretariat,International Federation for East Timor

(IFET)

Rosentino Amado Hei, Perkumpulan HAK(Association for Law,Human

Rights and Justice)

BradAdams, Executive Director, Asia Division, Human RightsWatch

John M. Miller, National Coordinator, East Timorand Indonesia Action

Network

Paul Barber, TAPOL theIndonesian Human Rights Campaign

Graeme Simpson,Director Country Programs Unit, International Center

forTransitional Justice

Rafendi Djamin, Coordinator HumanRights Working Group (HRWG)

James A. Goldston,Executive Director, Open Society JusticeInitiative

Tiago Sarmento, Judicial System MonitoringProgramme

CC: Mme Louise Arbour, United Nations HighCommission for Human Rights Mark Malloch Brown, UnitedNations Deputy Secretary General Jean- Marie Guehenno,United Nations Department of Peace- keeping Operations Ibrahim Gambari, United Nations Departmentof Political Affairs Louis Michel, United Nations Officeof LegalAffairs
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