Indonesia-Timor Leste Commission of Truth and Friendship
Encyclopedia
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
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 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.
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." 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.
Truth commission
A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government , in the hope of resolving conflict left over from the past...
established by Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
and East Timor
East Timor
The Democratic Republic of Timor-Leste, commonly known as East Timor , is a state in Southeast Asia. It comprises the eastern half of the island of Timor, the nearby islands of Atauro and Jaco, and Oecusse, an exclave on the northwestern side of the island, within Indonesian West Timor...
in August 2005. Its mandate is to investigate human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations by Indonesia and its armed forces
Military of Indonesia
The Indonesian National Armed Forces in 2009 comprises approximately 432,129 personnel including the Army , Navy including the Indonesian Marine Corps and the Air Force ....
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.
After several delays, the CTF handed over its final report to Indonesian President Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono
Susilo Bambang Yudhoyono AC , is an Indonesian politician and retired Army general officer who has been President of Indonesia since 2004....
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
Amnesty
Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people, without changing the laws defining the offense. It includes more than pardon, in as much as it obliterates all legal remembrance of the...
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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
and Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
released a statement 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.
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".
The United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
has also criticised the commission and declined to participate, citing its principle of not supporting bodies that offer legal impunity
Impunity
Impunity means "exemption from punishment or loss or escape from fines". In the international law of human rights, it refers to the failure to bring perpetrators of human rights violations to justice and, as such, itself constitutes a denial of the victims' right to justice and redress...
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." The U.S.-based East Timor and Indonesia Action Network
East Timor and Indonesia Action Network
The East Timor and Indonesia Action Network is a nonprofit US organization supporting human rights throughout Southeast Asia and Oceania. ETAN was founded in 1991 to support the right to self-determination of Timor-Leste. In 2001, that goal was significantly realized when the people of East Timor...
(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.
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