Amy Goodhew
The beautiful nation of Timor Leste lies to the North West of Australia. Colonised by Portugal in the 16th Century, East Timor declared its independence in November 1975. Just nine days later, before the declaration could be internationally recognised, it was invaded and occupied by Indonesian forces.
The territory was declared the 27th province of Indonesia in July 1976. Its nominal status in the UN remained that of a "non-self-governing territory under Portuguese administration". Indonesian rule was blighted by extreme brutality. A report prepared for the ‘Commission for Reception, Truth and Reconciliation in East Timor’ cited approximately 18,600 killings and 84,200 'excess' deaths from hunger and illness in the period between 1974-1999.
Following a UN-sponsored agreement between Indonesia, Portugal and the United States and a surprise decision by the Indonesian President, BJ Habibie, a UN-supervised popular referendum was held in August 1999 to choose between Special Autonomy within Indonesia and independence. More than 78 per cent of voters chose independence.
The violence in the aftermath of this decision prompted the intervention of an international peacekeeping force to restore order (INTERFET, led by Australia). INTERFET was then replaced by a UN force of international police, known as UNTAET, and the UNTAET Crime Scene Detachment was formed to investigate alleged atrocities.
Since that point, UNTAET has reported its findings to the UN and the East Timorese government. However, in a surprise decision, the president of East Timor, Jose Ramos-Horta, has asked them to stop.
In his speech to the nation on 30 August 2009, Ramos-Horta made it clear "there will be no international tribunal" in relation to Indonesian war crimes. He asked the UN to disband its serious crimes investigating team in East Timor.
He said, "As the nation knows, my position is clear and firm on this issue: as an East Timorese and head of state, as someone who has lost brothers and a sister, as someone who almost lost his life, as someone who has criss-crossed this beautiful island of ours in the past 10 years, and knows what the vast majority of the people feel and demand today, I am saying let's put the past behind. There will be no international tribunal."
UN Human Rights Commissioner Navanethem Pillay wrote to Ramos-Horta, expressing deep concern about the release of Bere, an Indonesian militiaman wanted by the United Nations for his part in the massacre of women, children and priests in a church at Suai, East Timor, in 1999.
"This decision is extremely regrettable as it has grave consequences for the prospects of accountability for the serious crimes which occurred in 1999," write Commissioner Pillay. "It would seem to violate ... Timor Leste's Constitution, as well as the country's penal code. It also counters successive Security Council resolutions which call for accountability for past crimes. You will equally be aware of the United Nations' firm position that there can be no amnesty or impunity for serious crimes such as war crimes, crimes against humanity and genocide. I appreciate your Government's desire to develop healthy relations with Indonesia ... However, I trust you will appreciate your Government should not avoid its international obligations in the name of bilateral co-operation."
This decision poses a challenging problem. Is it sometimes better for a nation to ‘turn the other cheek’ and forget the terrible things that have happened in their past?
Matthew 5:39 says: “But I tell you, Do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also.” Does that principle apply to nation building?
The horror and misery of what happened to the people of East Timor does not disappear overnight, or because people wish to forget it.
The Truth and Reconciliation Commission (TRC) within South Africa was empowered to grant amnesty to those who committed abuses during the apartheid era, as long as the crimes were politically motivated, proportionate, and there was full disclosure by the person seeking amnesty.
This rendered the judegments cathartic and ensured that the atrocities of that era were not swept under the rug, brewing discontent. A total of 5,392 people were refused amnesty and 849 were granted amnesty, out of 7,112 petitioners and the commissioner recognised atrocities on both sides of the divide.
This was in sharp contrast to the Nuremburg trials in the aftermath of WWII which sought prosecution of Nazis or Nazi sympathizers. In subsequent studies investigating the effectiveness of the TRC model, it was found that all participants felt that the Commission brought out the truth, to varying degrees. However, some participants found that this was a traumatic exercise that focused attention on the crimes they were trying to escape, rather than healing.
The debate is still underway and East Timor still struggles with outbreaks of violence and an unsettled political climate. Good relations with Indonesia is absolutely vital to continued growth and consolidation in East Timor and who can blame them for fear of descending back into violence and hatred? The question remains, can you really move on do you need to look back to look forward? Time will tell.
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