QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL
FREEDOMS IN ANY PART OF THE WORLD
Report of the High Commissioner for Human Rights on the situation of human
rights in East Timor
CONTENTS
Paragraphs Page
I. INTRODUCTION
........................................................................ 1
- 3 2
II. ACTIVITIES OF OHCHR
........................................................... 4 - 9 2
A. Visit of the High Commissioner to East Timor ................ 4 - 7 2
B. OHCHR technical cooperation with UNTAET ................ 8 - 9 3
III. ACTIVITIES OF THE HUMAN RIGHTS UNIT
OF UNTAET
................................................................................
10 - 43 4
A. Status of investigations and proposed prosecutions ......... 11 - 14 4
B. The truth and reconciliation process .................................
15 - 17 5
C. Capacity building
.............................................................. 18 - 36 5
D. The protection of ethnic and religious minorities and other vulnerable
groups .................................................... 37 - 43 9
E/CN.4/2001/37
page 2
I. INTRODUCTION
1. At the fifty-sixth session of the Commission on Human Rights, the
Chairperson of the Commission issued a statement on the situation of human
rights in East Timor, in which the High Commissioner was requested to
submit an interim report to the General Assembly at its fifty-fifth session
and to report to the Commission at its fifty-seventh session.
2. The High Commissioner submitted an interim report to the General
Assembly at its fifty-fifth session (A/55/36), in which she noted that the
Government of Indonesia had taken a number of concrete steps to investigate
violations of human rights and international law and to bring those
responsible to justice.
3. The present report is submitted pursuant to the request contained in the
Chairperson's statement and provides information on developments since the
issuance of the statement, in particular concerning the visit of the High
Commissioner to East Timor, OHCHR technical cooperation with the United
Nations Transitional Administration in East Timor (UNTAET) and activities
undertaken by the Human Rights Unit of UNTAET.
II. ACTIVITIES OF OHCHR
A. Visit of the High Commissioner to East Timor
4. From 5 to 7 August 2000, the High Commissioner visited East Timor.
During the visit, she met with a wide range of East Timorese and
international personalities, including East Timorese political, religious
and NGO leaders and senior representatives of the international community.
The High Commissioner travelled to a number of locations in and around
Dili, as well as Suai district, where she laid flowers at the site of a
mass killing that took place in 1999, and delivered a keynote address at a
workshop on human rights and the future of East Timor, held on 7 and 8
August 2000, in Dili.
5. The High Commissioner is particularly concerned about the unusually
complex situation of the East Timorese refugees located in West Timor, the
resolution of which requires engagement with a multiplicity of actors. The
High Commissioner was also concerned to learn, during her visit to East
Timor, of the number of missing East Timorese, presumed dead, whose fate is
unknown.
6. Accordingly, in October 2000, the High Commissioner appointed a personal
consultant for East Timor, Ms. Shanthi Dairiam, Director of the
Malaysia-based International Women's Rights Action Watch (Asia Pacific).
The personal consultant visited East Timor from 29 October to 15 November
2000 with a view to reporting to the High Commissioner on appropriate
action to be taken by the High Commissioner to encourage the voluntary
return of refugees to East Timor and on modalities for assisting in the
establishment of a tracing commission for missing East Timorese persons.
The visit was conducted in consultation with UNTAET and with the
cooperation of relevant United Nations agencies, including the Office of
the United Nations High Commissioner for Refugees (UNHCR), the United
Nations Development Programme (UNDP), UNICEF, and other international
organizations, including the International Committee of the Red Cross
(ICRC) and the Asian Development Bank, and
E/CN.4/2001/37
page 3
local non-governmental organizations, including FOKUPERS, Yayasan Hak and
the East Timor Human Rights Centre. The High Commissioner requested
permission for the personal consultant to travel to West Timor to visit the
refugee camps and to Jakarta to meet with government officials. This
request was refused by the Indonesian authorities. The High Commissioner
will keep the Commission updated on developments.
7. During the High Commissioner's visit to Indonesia from 22 to 23 November
2000, she met with representatives of the Government, including officials
of the Ministry of Foreign Affairs and the Minister of Justice and Human
Rights. The Attorney-General, Mr. Marzuki Darusman, informed the High
Commissioner that the Indonesian House of Representatives (DPR) had adopted
the Law on Human Rights Tribunals on 6 November 2000, pursuant to which ad
hoc tribunals would be set up to hear cases relating to the East
Timor-related human rights violations of 1999. (Earlier in the year,
further to a request from the Attorney-General to the Secretary-General,
OHCHR had provided technical advice on the draft law on human rights
tribunals.) In this regard, the Attorney-General also informed the High
Commissioner that indictments had been issued against 14 persons suspected
of committing serious crimes during the violence in East Timor in 1999. The
Attorney-General requested the High Commissioner to provide technical
cooperation to his Office to support the investigation and prosecution of
the human rights violations that took place in East Timor in 1999. The High
Commissioner is waiting to receive formal confirmation from the Ministry of
Foreign Affairs that this cooperation can proceed. If this is confirmed by
the Government of Indonesia, it is intended that this cooperation will
commence early in 2001.
B. OHCHR technical cooperation with UNTAET
8. The Office of the High Commissioner for Human Rights is currently
finalizing a project of human rights technical cooperation with the Human
Rights Unit of UNTAET for implementation in 2001. It is proposed that the
project of technical cooperation will include:
(a) Human rights training to East Timorese and international Professional
staff of the Human Rights Unit of UNTAET;
(b) Human rights training to the East Timorese police and the United
Nations Civilian Police (CIVPOL); human rights training to East Timorese
judges, prosecutors and public defenders;
(c) Promotion of human rights activities, including funding for the
purchase, translation and dissemination of international human rights
educational and training materials;
(d) Legal advice and assistance on particular issues, cases and draft
legislation to ensure conformity with international human rights standards;
(e) Assistance with the establishment of a commission of truth, reception
and reconciliation;
(f) Assistance with promoting ratification and adherence to the principal
international human rights instruments.
E/CN.4/2001/37 page 4
OHCHR also provides substantive and administrative support to the Human
Rights Unit, including dissemination of information on United Nations human
rights machinery, advising on strategic planning, facilitation of the
participation of representatives of UNTAET and East Timor in OHCHR regional
activities and the recommendation of candidates for posts with the Human
Rights Unit.
9. The Human Rights Unit of UNTAET participated in the meeting, organized
by OHCHR, of the United Nations human rights field presences, held from 28
to 31 August 2000 in Geneva. Participants from field presences of OHCHR,
the Department of Peace-keeping Operations and the Department of Political
Affairs discussed the current and future role of United Nations human
rights field presences. OHCHR invited the Chief of the Human Rights Unit,
Mr. Patrick Burgess, to visit Geneva from 23 to 26 October 2000 for a
briefing on the work of OHCHR and the United Nations human rights
machinery. The Chief of the Human Rights Unit met with, inter alia, the
Chiefs of the Activities and Programmes Branch and the Research and Right
to Development Branch, and representatives of the Support Services Branch,
Special Procedures, the Voluntary Fund for Technical Cooperation and the
geographic teams.
III. ACTIVITIES OF THE HUMAN RIGHTS UNIT OF UNTAET
10. The information in this section has been provided by the Human Rights
Unit of UNTAET.
A. Status of investigations and proposed prosecutions
11. As at 14 December 2000, 49 suspects are in pre-trial detention on
suspicion of having committed serious crimes during 1999. The Serious
Crimes Investigations Unit has reported that investigations into the
following cases are being finalized:
(a) The attack on the Liquica Church compound on 6 April 1999;
(b) The attack on the house of Manuel Carrascalao on 17 April 1999;
(c) The attack on the Maliana police station compound on 8 September 1999;
(d) A series of killings from April to September 1999 in Los Palos,
including of members of the clergy in September 1999, and the forcible
transfer of the population;
(e) Gender related crimes involving arbitrary arrest, unlawful detention
and sexual violence committed in Lolotoe, Bobonaro district, from May to
September 1999.
12. As at 14 December 2000, 11 indictments have been issued in relation to
the murder of nine persons in Los Palos in September 1999. More indictments
are currently being drafted and are expected to be issued early in 2001.
Trials before the Special Panel for Serious Crimes are expected to commence
early in 2001. The Special Panel will be composed of both East Timorese and
international judges.
E/CN.4/2001/37 page 5
13. A serious lack of resources, both human and material, has hampered the
investigative work of the Serious Crimes Investigation Unit. This has
prevented investigations being undertaken in connection with the
overwhelming majority of crimes against humanity and war crimes committed
during 1999. Because of the delay in or non-existence of investigations, a
number of detainees, who had been held for months in pre-trial detention,
have been released by the General Prosecutor on grounds of insufficient
evidence.
14. The Human Rights Unit is working to ensure that there is no impunity
for past serious crimes and is providing the Serious Crimes Investigation
Unit with information on human rights violations that took place in the
context of the popular consultation in 1999.
B. The truth and reconciliation process
15. Preparatory work to establish a commission for truth, reception and
reconciliation is ongoing. This commission will not deal with serious
crimes as defined in the UNTAET rules of criminal procedure, including
murder, rape, war crimes and crimes against humanity, which occurred
between January 1999 and 25 October 1999. These crimes are being prosecuted
through the Serious Crimes Investigation Unit.
16. The Human Rights Unit is working with a steering committee made up of
broad representation of the East Timorese community, and relevant UNTAET
units and United Nations agencies to design the structure of the commission
and to draft regulations. The Human Rights Unit has also worked closely
with two international experts on the truth and reconciliation process in
order to ensure that the East Timorese process has the opportunity to
benefit from similar experiences. On 13 December 2000, the East Timorese
Cabinet (composed of East Timorese and international representatives)
adopted a proposal on the broad design of the commission. This proposal
will now be brought to the National Commission, as well as to community
representatives and NGOs, who will then vote on whether to adopt the
proposal to establish the commission.
17. It is currently proposed that the commission will have two main
functions: to seek the truth regarding the pattern and scope of human
rights violations in the past; and to facilitate community acceptance of
those who committed lesser crimes. In order to undertake the first task,
the commission may organize public hearings at which victims speak of their
experiences or may organize investigations to discover the truth about the
violations in the past. In order to undertake the second task, the
commission will develop a mechanism for community-based reconciliation,
involving perpetrators of less serious crimes, who must be willing to
confess and apologize for what they did, and agree to community service.
C. Capacity building
18. The Human Rights Unit is involved in ensuring that institutions
developed in the transitional period leading towards a future independent
East Timor are based on and ensure respect for human rights principles and
standards. In this regard, the Human Rights Unit is involved in the
development of the political institutions, the constitutional process, the
institutions to protect human rights and an independent and strong civil
society.
E/CN.4/2001/37 page 6
19. The Human Rights Unit and the East Timorese Jurists' Association held a
human rights workshop from 7 to 8 August 2000 during the visit of the High
Commissioner. Representatives of the National Council of Timorese
Resistance (CNRT), political parties, the churches and human rights
organizations, including district human rights organizations, attended the
workshop. It resulted in a series of recommendations concerning the
development of a human rights culture in East Timor and institutions to
protect human rights. The recommendations were adopted unanimously by the
CNRT Congress, in the form of a resolution, and have been disseminated
broadly among NGOs, political parties and other relevant interlocutors.
1. The judicial system
20. Four district courts have been established, in Dili, Baucau, Oecussi
and Suai districts. Nine judges have been appointed for Dili court, nine
judges for Baucau court, one judge for Oecussi court and four judges for
Suai court. Cases have, to date, been heard in Dili, Baucau and Oecussi
courts. An appeals court, with one judge, has been established but it is
yet to hear any cases. There is one Deputy General Prosecutor, five
prosecutors for Dili court, three prosecutors for Baucau court, one
prosecutor for Oecussi court and two prosecutors for Suai court. Nine
public defenders serve the whole of East Timor.
21. Training of the judiciary is now under way. The Human Rights Unit is
currently liaising with the Judicial Affairs Unit to ensure that the
judiciary, including public defenders and prosecutors, receive appropriate
human rights training.
22. There have been a number of problems relating to the limited material
and human resources available to the new judiciary. These problems have
been acknowledged by UNTAET and are in the process of being addressed. The
Human Rights Unit remains concerned that the lack of resources has resulted
in a delay in hearing cases, thus endangering the right to fair trial.
2. Pre-trial and detention
23. The Human Rights Unit, in particular through the district human rights
officers, has monitored the progress of cases before the judiciary and has
consulted with the Judicial Affairs Unit on ways to address problems that
have emerged. The handling of juvenile offenders appears to have improved:
where before the judiciary tended not to consider alternatives to pre-trial
detention for juvenile offenders, this is now being addressed and juvenile
offenders are increasingly being conditionally released. The Human Rights
Unit has also monitored the provision of legal counsel to detainees and
consulted with the Judicial Affairs Unit to ensure that, in each case,
detainees are provided promptly with legal advice. The Human Rights Unit
remains concerned that because of a lack of resources, there are limited
safeguards for detainees, in particular immediately following arrest, given
the limited number of public defenders.
24. Prisons are operating in Dili, Baucau and Ermera districts. The Human
Rights Unit regularly visits Dili prison and is working with the Judicial
Affairs Unit of UNTAET to develop a training programme for prison
officials. There are currently believed to be three prisoners serving
sentences. The remaining detainees are in pre-trial detention,
approximately 100 in Dili, 9 in Baucau and 54 in Ermera.
E/CN.4/2001/37 page 7
3. The legislative process
25. The Human Rights Unit participates in the Legislation Committee of the
Cabinet, which advises the Cabinet on the drafting of legislation and works
to ensure that legislation adopted is in accordance with international
human rights standards.
26. The Human Rights Unit has provided commentary on a number of
regulations which affect human rights. Relevant regulations adopted are the
Regulation on the Organization of the Courts of East Timor, the Amending
Regulation on the Organization of the Courts of East Timor, the Regulation
on the Establishment of Panels with Exclusive Jurisdiction over Serious
Criminal Offences, the Regulation on the Organization of the Public
Prosecution Service in East Timor, and the Rules of Criminal Procedure.
27. Other regulations which are yet to be adopted but which have been or
are being commented upon include a draft regulation establishing an office
of the Ombudsperson, a draft regulation on the registration of political
parties in East Timor, a draft regulation on penal institutions, a draft
regulation on the establishment of the Timor Lorosa'e police service, a
draft regulation on employment standards and labour regulation, and a draft
regulation on the establishment of a truth, reconciliation and reception
commission.
28. UNTAET is planning to adopt regulations on the establishment of a
defence force for East Timor, a law reform commission, a legal aid service
and the administration of juvenile justice, and a press law.
4. Civil society
29. The Human Rights Unit has conducted a number of activities to support
the strengthening of civil society, in particular human rights
organizations. These activities include providing human rights training for
emerging community-based groups and NGOs working on human rights,
establishing a human rights library, developing a proposal to fund
small-scale initiatives to promote human rights, in cooperation with the
NGO Yayasan HAK, and assistance to, for instance, the ex-political
prisoners association (comprised of more than 2,000 ex-political prisoners)
to develop its programme.
30. The Human Rights Unit is also working with NGOs to improve consultation
with representatives of civil society for policy decisions and legislative
development, including through the development of a formal mechanism for
early and comprehensive consultation throughout the decision-making process.
31. The Human Rights Unit provided support for the steering and organizing
committee of the National Women's Congress, which was held from 14 to 17
June 2000 in Dili. The Congress was attended by more than 300 women from
the 13 districts, and followed the holding of regional pre-congress
preparatory meetings to finalize the agenda. The Human Rights Unit assisted
in designing the methodology for the 10 sectoral workshops and assisted in
the formulation of the issues and recommendations resulting from the
workshops. The
E/CN.4/2001/37 page 8
recommendations of the Congress were particularly important as they were
then channelled to the CNRT Congress, held later in the year, and have also
been brought to the attention of relevant UNTAET departments.
32. The Human Rights Unit is continuing its programme of human rights
education in Dili and the districts. Throughout the year, two-day human
rights training workshops have been conducted in a number of districts,
targeting human rights workers, community leaders, CNRT, women's
organizations, youth groups and new police recruits. The workshops,
organized jointly with East Timorese human rights NGOs, have covered an
introduction to human rights, justice, reconciliation, dealing with trauma,
and women's rights. Workshops have been held in Oecussi, Ermera, Alieu,
Suai, Liquica and Manatuto districts and Atauro Island, Dili district. The
Human Rights Unit, and in particular the district human rights officers,
have provided ongoing support to newly emerging human rights organizations
in the districts. Follow-up training, assistance in fund-raising, provision
of resources and developing human rights programmes have been offered by
the district human rights officers.
33. The Human Rights Unit facilitates regular meetings between East
Timorese and international NGOs. From February 2000, fortnightly human
rights coordination meetings have been held to discuss human rights issues
of concern. The Human Rights Unit continues its involvement in the
Children's Rights Working Group, established by the Unit and now
facilitated by UNICEF and international and East Timorese NGOs. The Human
Rights Unit provided assistance to a two-day workshop on children's rights,
held in December 2000.
34. Together with East Timorese NGOs, the Human Rights Unit was active in
organizing events to celebrate international Human Rights Day, on 10
December 2000. A number of public education activities were organized in
Dili and in the districts, including human rights education in schools,
video screenings of human rights films, radio interviews and debates,
community mural painting and human rights concerts. In Dili, a seminar was
held on 6 December 2000 on the theme of "Human rights and reconciliation"
involving approximately 200 young people and speakers, including the CNRT
President, Mr. Xanana Gusmao, Bishop Belo, and representatives of civil
society. A public Human Rights Day "fair" was held in Dili on 10 December
2000, involving a poster and poetry competition for children, human rights
information and music. The Human Rights Unit produced a poster for Human
Rights Day, translated into four languages, which highlighted article 1 of
the Universal Declaration of Human Rights.
35. Key human rights instruments, including the Universal Declaration of
Human Rights, the Convention on the Rights of the Child, the Convention on
the Elimination of All Forms of Discrimination against Women and the
Declaration on the Rights of Disabled Persons, have been translated into
Tetum by UNICEF and the Human Rights Unit. The Human Rights Unit has widely
disseminated these standards in Tetum, Portuguese, Bahasa Indonesia and
English.
36. The Human Rights Unit is planning a series of human rights training
workshops for early 2001, including human rights training for teachers,
journalists and human rights workers. The Human Rights Unit is also
preparing material focusing on those human rights fundamental to democracy,
including freedom of expression and opinion, that will be used in human
rights educational and promotional work in the lead up to the elections for
a constituent assembly.
E/CN.4/2001/37 page 9
D. The protection of ethnic and religious minorities and other vulnerable
groups
37. The Human Rights Unit, through its office in Dili and its district
human rights officers, addresses the need for protection of particular
vulnerable groups, the security of East Timorese refugees returning from
West Timor and violence against women.
1. The protection of ethnic and religious minorities
38. Members of ethnic and religious minorities have reportedly been
attacked, including harassment and physical assault, often because of their
perceived links with Indonesia or pro-autonomy groups. In June 2000, three
Protestant churches in Alieu district were burnt down because of
allegations that the Church had connections with militia groups. There are
approximately 240 members of the Muslim community living in the confines of
the Dili mosque because of fears for their security if they return to their
homes in Dili district. None of the group has successfully returned to
their homes in Dili. In May 2000, the Human Rights Unit facilitated
negotiations between some families living in the mosque and village leaders
in order to arrange for the families to return to their homes. The
negotiations failed, however, because the village leaders and village CNRT
representatives claimed that, as the community was not ready to accept the
return of the families, their security could not be guaranteed. The Human
Rights Unit intends to renegotiate the return of members of the community
to their homes, a situation now further complicated as their homes are
illegally occupied. The Human Rights Unit will conduct a survey early in
2001 on the situation of ethnic and religious minorities in Dili district,
where most of the ethnic and religious minorities live.
2. East Timorese refugees
39. There are between 80,000 and 100,000 East Timorese refugees located in
West Timor. Following the evacuation of international humanitarian workers
from West Timor after the 6 September 2000 killing of three UNHCHR staff in
Atambua, West Timor, the Human Rights Unit continues to monitor the
situation of the East Timorese refugees in West Timor, through NGO
networks, media monitoring and cooperation with UNHCR.
40. The Human Rights Unit and, in particular, its district human rights
officers deployed in the 13 districts of East Timor have played an active
role both in preparations for the return of the East Timorese refugees from
West Timor, including negotiations prior to return concerning their
reintegration, and in the subsequent monitoring of the returnees' security.
While the number of incidents of violence against returnees has been
relatively low, there continue to be reports of incidents where returnees
suspected of supporting pro-autonomy groups or participating in violent
crimes during 1999 have been intimidated, threatened, kidnapped,
arbitrarily detained and beaten.
3. Human rights violations against women
41. With technical assistance from the Jesuit Relief Services (JRS), the
Human Rights Unit has developed a database (in English and Bahasa
Indonesia) on gender-based violations, for use by local NGOs. FOKUPERS, a
leading women's NGO, has been able to enter its data from
E/CN.4/2001/37 page 10
interviews with over 200 women witnesses into the database. The Human
Rights Unit is working together with FOKUPERS and a number of self-help
groups in Bobanaro and Covalima districts on a video documentation project
to produce a short video on gender-based violence, including the violence
in 1999 and, also, contemporary cases.
42. The Human Rights Unit is working on a number of gender-related issues,
including providing support to women who were victims of human rights
violations in organizing themselves into self-help groups so as to be
better able to meet their requirements. These organizations have addressed
economic needs and assisted in advocacy skills building relating to past
human rights violations. Organizations which have benefited from the
support of the Human Rights Unit include Materestu in Covalima district,
Nove-nove in Maliana and Moris Foun, both in Bobonaro district, and
Ratelaek in Liquica district.
43. There are at least 60 documented cases of rape which took place in
1999. Following the delay in investigating these cases, the Human Rights
Unit is cooperating with local NGOs and the Civilian Police component of
UNTAET to facilitate these investigations. It is hoped that more resources
will be allocated to these investigations in the future