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CTF report: Burying some inconvenient truth
Aboeprijadi Santoso ,  Jakarta   |  Tue, 07/22/2008 10:14 AM  |  Opinion

The final report of the Indonesia-Timor Leste Truth and Friendship
Commission (CTF), titled Per Memoriam ad Spem (Through memory toward
hope) is a political document of compromise rather than a complete and
verified factual report on what, when and why violence occurred in
connection with the August 1999 popular consultation in East Timor.

Indeed, it has been intended as such from the very inception of the CTF.
Its aim is to bury not just the 1999 issue but the whole tragedy of the
East Timor conflict.

These two nations were involved in one of the thorniest and bloodiest
conflicts in Asia. It was resolved through a United Nations agreement
and plebiscite in 1999 which resulted in establishing Timor Leste as an
independent state. But the plebiscite ended badly. The ensuing mayhem
has plagued the two countries in recent years.

Once these neighboring states were forced to address the issue of truth
and justice concerning their common past, they unfortunately chose to
jointly ignore the greater part of a quarter century of conflict which
began with aggression (1974). continued with invasion (1975) and
escalated to war and, on an even greater scale, to crimes against
humanity with the bloody Matebian encirclement (1975-1978) and other
atrocities.

Instead the CTF, constituted in 2005 and consisting of experts from the
two states, focused on the violence in the run up to the plebiscite and
thereafter.

Now, with the conflict resolved and the long-awaited CTF report focusing
exclusively on the 1999 mayhem and thus politically constrained by its
terms of reference, probably neither will the victims' families ever
receive recognition nor will the full truth of the whole conflict ever
be established.

The commission said they recognized the important influence of pre-1999
events on the period they investigated. They claimed to have considered
the four key documents related to justice efforts and processes:
Indonesia's human rights commission preliminary investigation, KPP-HAM;
Indonesia's ad hoc human rights tribunal; The UN-sponsored Timor Leste
Serious Crimes Unit investigation; and Timor Leste's Commission for
Reception, Truth and Reconciliation report.

But since they chose to resolve only the concluding episode of violence
from April to September 1999 -- a period which consumed so much domestic
and international attention that the two states could not avoid
addressing it -- the CTF thus becomes a most pragmatic method to deal
politically with the easier part of the conflict.

In addition to this political choice, three basic premises shaped the
terms of reference, leading the commission to find results that more or
less satisfy both sides instead of the full truth. The two governments
have prescribed the commission, first, to seek a consensus without
voting, second, to identify not individuals but institutions responsible
for the violence and, third, not to ask for prosecutorial justice.

The implication is those responsible for the violence are not to be
prosecuted. This is tantamount to perpetuating impunity; the UN has
lodged its protest by refusing to attend CTF hearings.

The CTF final report, therefore, is a political discourse framed by the
two states to bury the shame and human tragedy once and for all in order
to foster friendship between states -- leaving several truths -- most of
the conflict's tragic history ignored, hundreds of thousands of victims'
families left unrecognized, and the questions of justice and reparation
cast into limbo.

However, Indonesia was not only found guilty for the 1999 violence that
took about 1,400 lives but they accepted the report. This fact should be
appreciated.

Strangely, though, the commission referred to the reforms that engulfed
Indonesia after 1998 to explain the mayhem. The killings, rapes and
scorched earth policy in East Timor were ascribed to vast changes toward
law enforcement and respects for human rights.

Evidence suggests that the police, then under the authority of the
military, were in a state of disarray. By contrast, far from being
confused, the military had a clear plan and developed a network of
intelligence and political support. As the commission confirmed, they
indeed sponsored, financed, trained and armed local civilian groups
called "pro-autonomy militias". In fact, some of these groups had been
set up was early as the 1970s in other guises.

The argument the violence may have been triggered by confusion stemming
from he democratic transition in Jakarta is unconvincing. Some of the
violence and destruction directed at former Indonesian properties
resembled retaliatory violence exercised not only in Timor Leste but in
Aceh and elsewhere after the national political reforms introduced human
rights imperatives.

To say, moreover, that the mayhem might have been a consequence of a
transitional power vacuum is to deny the very responsibility for
conducting a peaceful public consultation which Jakarta insisted it
would take on in the Indonesia-Portugal Agreement of May 1999.

Indeed, as the CTF report points out, the military has yet to offer a
coherent explanation for the existence and role of the militias accused
of being the primary perpetrators of the violence.

While Gen. Adam Damiri explained that these militias were not part of
any lawful armed civilian groups, Gen. Zacky Anwar Makarim argued almost
the contrary: the militias were indeed an unlawful project planned to
keep East Timor on board.

The CTF report needs to be viewed as a way to get past this issue and
refocus on pushing for reform of Indonesia's military.

For Timor Leste, however, the CTF recommendations may be more
significant as that country, flanked by such a giant neighbor, needs
greater assurance for its survival and long-term stability. It's a
geopolitically awkward predicament, a bit similar to Finland during the
Cold War which had to maintain strict neutrality vis-*-vis the
neighboring Soviet Union.

Hence, the CTF report is basically a geopolitically constrained document
that tells its readers a story of mayhem which ends somehow happily for
the sake of friendship between the two states.

But, given the report ignores the greater tragedy perpetrated during the
pre-1999 period of conflict, it's certainly an unhappy story to the many
in Timor Leste victimized during the conflict.

Alas, to them, the two heads of states who received the CTF report, said
nothing. And to the 1999 victims and victims' families, they only
offered "deep regret". No mea culpa. No apology.

The writer is a journalist who covered the 1999 East Timor mayhem for
Radio Netherland



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