UN Foundation/Wire Alert

February 1, 2000

EAST TIMOR: UN, Indonesia Issue Damning Human Rights Reports

An Indonesian human rights panel and an independent UN inquiry yesterday accused top Indonesian military officials of crimes in East Timor, but differed over who should handle potential prosecutions.

"Facts show the civilian and military apparatus, including the police, cooperated with the militias to create an atmosphere that supported crimes against humanity," said Djoko Sugianto, a member of the Indonesian investigative team. "These were in the form of mass killings, torture, kidnapping, violence against women -- including rape and sexual slavery -- forced evacuations and total destruction of property."

The Indonesian commission's chief, Albert Hasibuan, specifically named former military commander Wiranto for his role, saying, "He knew what happened, but did not take effective measures to handle or prevent the violence" (Seth Mydans, New York Times). According to the commission's report, Wiranto and five other Indonesian generals should be considered for possible criminal prosecution.

The Indonesian commission's findings were stronger than expected (Keith Richburg, Washington Post). Historically, Indonesian military figures have exercised great political power in the country. Wiranto himself is currently Indonesia's political affairs and security minister.

Meanwhile, an independent UN investigation also released its findings and recommendations yesterday, calling for an international tribunal to conduct prosecutions. The UN inquiry did not name any individuals but said atrocities in East Timor "would not have been possible without the active involvement of the Indonesian army and the knowledge and approval of the top military command" (Edith Lederer, Associated Press/Philadelphia Inquirer).

An international tribunal, the UN team said, should conduct "further systematic investigations of the human rights violations and violations of international humanitarian law in East Timor" (Jim Wurst, Inter Press Service/TerraViva).

Wiranto Will Be Asked To Resign

Indonesian President Abdurrahman Wahid said he would ask Wiranto to resign because of the allegations. "We have to uphold human rights in Indonesia, whatever the course," he said. "I will ask him, to use a polite word, ask him to resign" (Betsy Pisik, Washington Times). But some observers doubt if Wiranto will ever stand trial. Indonesia has not yet created a human rights court to conduct trials and any prosecution is likely to be months away.

Indonesian Attorney General Marzuki Darusman said he would immediately set up an investigative team to confirm the human rights commission's findings, but did not say how long an investigation might take (John Aglionby, London Guardian).

Additionally, Indonesia's armed forces say they are "not afraid" of the commission's findings. "We are certainly not afraid," said information service chief Graito Usodo. "In fact, we support and respect the credibility" of the Indonesian commission (Agence France-Presse I).

Wiranto, meanwhile, defended his role in East Timor, saying his efforts helped encourage peace. "We provided security for around 4,000 foreigners, reporters, observers and UNAMET [the UN Mission in East Timor] for more than four months and no one was killed," he said. "Like a good soldier, I am going to continue to fight for the truth." Wiranto's attorney, Adnan Buyung Nasution, said "there is no evidence, no witnesses and no documents to show that Wiranto has done anything wrong" (BBC Online).

Dilemma Over International Tribunal

In light of the reports' release, UN Secretary-General Kofi Annan must decide whether to accept the UN inquiry's recommendation for an international war crimes tribunal. Indonesia has strongly opposes an international court, claiming it can punish war criminals itself. Analysts say the credible Indonesian investigation was a crucial first step in persuading the United Nations to reject the proposal for a tribunal (Richburg, Washington Post).

East Timorese independence leaders seem split on what to do next. Xanana Gusmao said East Timorese are not interested in revenge or incarceration for Wiranto and the other generals, but want them to "recognize and acknowledge their involvement." Nobel laureate Jose Ramos Horta said Wiranto should face international prosecution. "In this day and age, you cannot kill hundreds of people, destroy a whole country, and then just get fired," he said (Lederer, AP/Philadelphia Inquirer).

US Ambassador to the UN Richard Holbrooke said "the critical element is the ability of the Indonesian government to deal with this themselves," he said (Pisik, Washington Times). China opposes the creation of an international tribunal (Reuters/ABCNews.com).

UN High Commissioner for Human Rights Mary Robinson called the Indonesian commission report "heartening" and said the UN inquiry's recommendations "could provide the necessary international dimension" to the process of dealing with East Timor human rights violations. "It is my hope," she said, "that efforts to hold those responsible for the atrocities in East Timor accountable will go on so that there is no impunity" (UN release, 31 Jan).

Human Rights Watch welcomed the findings of both the UN and Indonesian commissions but said it is still too early to say whether an Indonesian court will have the resources and authority to conduct thorough prosecutions. "International investigations must continue if there is to be any hope of serious pursuit of justice on the Indonesian side," HRW Deputy Asia Director Joe Saunders said (HRW release).

Click here for an ITN World News report on the commissions' findings and the international tribunal debate (Note: You may need to download free software to use this audio link).

Editorial Reaction

Indonesia's press generally agreed that both commissions' findings were welcome, but differed over whether and how alleged war criminals should be prosecuted. The Jakarta Post called on the attorney general to act quickly, saying, "Far too often, the quest for justice in this country has met a dead end because of ... political pressure." The Suara Karya newspaper, linked to the former ruling Golkar party, said "a national rights tribunal is considered the best despite its shortcomings. We can prove that we are a civilized nation which respects human rights," the newspaper said.

The Muslim-oriented Republika said the Indonesian inquiry did not go far enough, and the Media Indonesia argued that it should serve as a lesson to the military (AFP II).

A Financial Times editorial says "it is right that General Wiranto should be stripped of office." Indonesia, however, must do more. "Inaction by Indonesia will make demands for a UN war crimes tribunal all the more difficult to resist. Such a tribunal would be highly undesirable" (Financial Times).

The New York Times calls the Indonesian report an "important step" and argues that Indonesia should be given a chance to prosecute war criminals on its own. Wahid, the newspaper states, "deserves the support and encouragement of other nations as he moves forward." Before creation of a "Bosnia-style" court, the editorial concludes, "Indonesia should be given a chance to judge its own" (New York Times).

The London Times says Wahid "is confronting a system that ... enriched the top brass and placed the military above the law." The accountability that will result from a successful domestic prosecution, the newspaper argues, will provide the support and investment Indonesia needs. "Mr. Wahid is playing his aces -- democratic legitimacy and international support -- to break with the past. But it is a risky business and he knows it" (London Times).

(All cites 1 February unless otherwise noted).