Inter Press Service

Thursday, September 23, 1999

[...] "Robinson said the political misunderstandings and legal hurdles that have cropped up in the attempt to crack down on rights violations in East Timor could have been resolved if the statute for the creation of an International Criminal Court had already been ratified."[...]

HUMAN RIGHTS: ASIA SEEKS TO BLOCK INQUIRY IN EAST TIMOR

By Gustavo Capdevila

GENEVA, Sep. 23

The countries of Asia formed a united front in the United Nations to block the creation of an international commission, suggested by the European Union, to investigate human rights violations committed in East

Timor since January.

The objections raised by the bloc of 11 Asian members of the U.N. Human Rights Commission gave rise to tension in a special session which began today to discuss the grave situation in the former Portuguese colony of East Timor.

The Asian bloc's criticism was aimed at the U.N. Office of the High Commissioner for Human Rights (UNHCHR), accused by the delegates of acting in a biased manner, and without transparency or objectivity.

But there were no discrepancies regarding the underlying question - the gravity of the rights violations perpetrated by pro-Indonesia armed militias against Timorese in favor of full independence.

Even Indonesia's delegates to the Human Rights Commission deplored the spiral of violence unleashed in East Timor in the wake of the Aug. 30 self-determination ballot, in which 78.5 percent of voters opted for full independence.

The report submitted by U.N. High Commissioner for Human Rights Mary Robinson stated that there was overwhelming evidence of a "malicious and systematic" campaign of human rights violations in East Timor.

Robinson said independence activists and community and religious leaders were the targets of attacks, including mass murders. Meanwhile, 120,000 to 200,000 -- of a total population of 800,000 -- were forced out of the territory, and women were raped by militia members and Indonesian soldiers, the report added.

The objections raised by the Asian countries focused on the procedures followed by the UNHCHR in convoking the Human Rights Commission's special session.

Indonesia protested that the meeting had been called without the approval of the majority of the 53 states sitting on the Commission, the principal U.N. body on human rights.

By Sept. 16, when the time limit for obtaining a majority vote in favor of the special session expired, only 26 countries had submitted written approval, according to the Indonesian delegation.

The UNHCHR alleged that the delegation from Rwanda announced later that day that its government had run into technical difficulties in its attempt to submit its written approval. Rwanda's vote brought the total to 27 in favor, five against and four abstentions.

Robinson's legal advisers said Rwanda's vote could be considered valid, and that a second round of voting on Sept. 20 ratified that argument, with 28 in favor, 15 against and two abstentions.

Indonesia contended that the second vote signified "no less than changing the existing Rules of Procedure" followed by the Human Rights Commission. In consequence, the delegation said, "we fear that the trust and confidence among the parties have been seriously damaged."

Japanese representative Nobutoshi Akao said his country was annoyed that a special session was called without the approval of the countries of Asia -- the region where East Timor is located - - and in fact with their unanimous opposition, given what was described as the procedural errors.

The delegation from the Philippines, speaking for the Association of Southeast Asian Nations (ASEAN), said that both the advisability and the legality of the session were questionable.

Robinson acknowledged that "an unusual procedure was adopted" in the vote for the special session. But, she said, "there was a clear majority.

"I understand that this is a very difficult issue for the members of the Asian group, for that region," said Robinson. But while they were making "important and serious points about the procedure, they were not denying the substance," she added.

The representatives from the Philippines said the special session could "prove to be counterproductive, if only because it has created an atmosphere of ill feeling among member states themselves, as well as with the Office of the High Commissioner, and has damaged the spirit of trust and confidence among all parties."

In the name of the Asian bloc, the delegation from Sri Lanka said the region's views had not been taken into account when the special meeting was called. The failure to consult the members of the Asian group eroded confidence in the U.N.'s human rights mechanisms, the delegation added.

The Commission is expected to pronounce itself before the weekend on a draft resolution submitted by Finland in the name of the 15 European Union members.

The initiative urges U.N. Secretary-General Kofi Annan to set up an International Commission of Inquiry to gather information on rights violations committed in East Timor since January.

The draft resolution states that "all persons who commit or authorize violations of human rights or international humanitarian law are individually responsible and accountable for those violations, and the international community will exert every effort to ensure that those

responsible are brought to justice."

Robinson said the political misunderstandings and legal hurdles that have cropped up in the attempt to crack down on rights violations in East Timor could have been resolved if the statute for the creation of an International Criminal Court had already been ratified.

LANGUAGE: ENGLISH

LOAD-DATE: September 24, 1999

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Jennifer Schense

Legal Adviser

NGO Coalition for an International Criminal Court

AND

Program Coordinator

International Humanitarian and Human Rights Law and Institutions

Hague Appeal for Peace

777 UN Plaza 12th Floor

New York New York 10017

USA

Telephone +1 212 687 2176 Faxsimile +1 212 599 1332

Email ciccschense@igc.org

Web http://www.igc.org/icc, http://www.haguepeace.org

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