Indonesia–Timor Leste Commission of Truth and Friendship

The Indonesia-Timor Leste Commission of Truth and Friendship (CTF) is a truth commission established by Indonesia and East Timor in August 2005. Its mandate is to investigate human rights violations by Indonesia and its armed forces during the occupation of East Timor, particularly the events and atrocities leading up to and surrounding the 1999 referendum on East Timor's independence, and the process of independence. The terms of reference of the CTF describe it as a mechanism which has a the role of

Further promoting friendship and cooperation between governments and peoples of the two countries, and promoting intra and inter-communal reconciliation to heal the wounds of the past.^[1]

After several delays, the CTF handed over its final report to Indonesian President Susilo Bambang Yudhoyono and Timorese President Jose Ramos-Horta at a ceremony on Bali, Indonesia on July 15, 2008. The report, From Remembering Comes Hope, concludes that the Indonesian military, police and civilian government bear institutional responsibility for widespread and systematic gross violations of human rights, including crimes against humanity. According to the report, Timorese pro-independence groups were alleged to have carried out illegal detentions; however these allegations were small in number and “were not substantiated by…credible documentation.”

Due to the constraints of its mandate, the report did not look at the first 23 years of Indonesia's invasion and occupation of Timor-Leste (during which more than 100,000 Timorese were killed, of whom about 1,400 died during 1999, the final year), name individuals or recommend further judicial processes. Notably though, the Commission chose not to exercise its power to recommend amnesties as no alleged perpetrators had fully cooperated with its investigations.

At the handover ceremony, President Yudhoyono accepted the findings and said he “deeply regrets” the atrocities and will follow the report’s recommendations. However, he did not apologize and remained opposed to prosecuting those responsible. Indonesian civilian and military officials stated that the commission report should be the final word on the matter.

However, the failure to name individuals or provide a mechanism to prosecute them means that the issue is likely to continue to impact Indonesia’s international reputation. NGOs from Indonesia, Timor-Leste, the United States, Great Britain and Australia released a statement^[2] calling for individual accountability and reform of the military, and the UN Secretary-General encouraged both Governments to take concrete steps to ensure full accountability, to end impunity, and to provide reparations.^[3]

Criticism

From its creation, the Truth and Friendship Commission has received criticism from a number of parties. Both Indonesian, East Timorese and international NGOs have been critical of the process. One coalition of groups claimed that the CTF

"is clearly intended to pardon those guilty of serious human rights violations in East Timor, without regard to their degree of culpability".^[4]

The United Nations has also criticised the commission and declined to participate, citing its principle of not supporting bodies that offer legal impunity for serious crimes and crimes against humanity. The Catholic Church also opposed the establishment of the commission.

As the report was being handed over to the two presidents, the Timor-Leste National Alliance for an International Tribunal expressed the views of many Timorese people in an open letter entitled "We have the Truth, now we need Justice."^[5] The U.S.-based East Timor and Indonesia Action Network (ETAN) also called on the United Nations to establish an international tribunal to try perpetrators of crimes against humanity committed during the 24 years of Indonesia's illegal occupation of Timor-Leste.^[6]

References

1. ^ Indonesia Today^{[dead link]}
2. ^ Joint NGO Statement on the Handover of the Commission of Truth and Friendship Report: http://www.humanrightsfirst.info/pdf/080715-HRD-joint-NGO-stat-handover-comm-truth-friendship-ret.pdf
3. ^ “Ban hopes truth panel’s report will foster justice, reconciliation in Timor-Leste” http://www.un.org/apps/news/story.asp?NewsID=27381&Cr=&Cr1=
4. ^ "Indonesian and Timorese NGOs reject Truth and Friendship Commission". Etan.org. http://www.etan.org/et2005/march/20/19iandt.htm. Retrieved 2011-02-20. 
5. ^ http://www.laohamutuk.org/Justice/TFC/ANTIonCTFEn.pdf
6. ^ Etan/Us. "International Tribunal Needed in Wake of Commission of Truth and Friendship Report". Etan.org. http://www.etan.org/news/2008/07ctf.htm. Retrieved 2011-02-20. 

External links

• Criticisms from NGOs
• Terms of Reference
• Too Much Friendship, Too Little Truth: Monitoring Report on the Commission of Truth and Friendship in Indonesia and Timor-Leste, International Center for Transitional Justice
• Timorese National Alliance open letter
• East Timor and Indonesia Action Network statement