What does Timor-Leste need after UNMIT?

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Adapted from http://laohamutuk.blogspot.com/2012/10/public-mtg-what-does-tl-need-after-unmit.html

Tetum iha kraik.  You can download this invitation in English and Tetum from http://www.laohamutuk.org/reports/UN/KonviteEnkPub23Oct2012.pdf .
 
La’o Hamutuk Public Meeting
What does Timor-Leste need from the International Community after UNMIT’s mandate ends?

Tuesday 23 October 2012.    9:00 am - 1:00 pm
Dili University (UNDIL), Mascarenhas, Dili
Uphill from the Alola Foundation, across from the former CNE office

La’o Hamutuk invites the public to participate in a discussion about the mandate of UNMIT in Timor-Leste which will finish this December.

During the mandates of the UN in Timor-Leste since 1999, UN assistance has helped achieve some good results, such as the creation of a democratic state under rule of law, with peace and security. Unfortunately UNMIT has not yet implemented some important commitments, including ending impunity for crimes against humanity committed during the Indonesian occupation. In addition, the UN and the State of Timor-Leste have not yet chosen a sustainable and inclusive development path.

The people of Timor-Leste, together with our leaders, must take responsibility for these gaps after UNMIT leaves.

Speakers: 

• Deputy Special Representative of the UN Secretary-General, Shigeru Mochida: Reflections on the successes of UN missions in Timor-Leste and what remains to be achieved 
• RDTL Minister of Foreign Affairs, José Luis Guterres: Reflections on hopes for what the UN Missions were not able to do during their time in Timór-Leste 
• Representative, ETAN, Jill Sternberg: International solidarity from ETAN now and in the future after UNMIT ends 
• Director, Fundasaun Mahein, Nelson Belo: The Security Sector after UNMIT’s mandate finishes 
• Researcher, La’o Hamutuk, Inês Martins: Sustainable development after UNMIT finishes 

This public meeting will be in Tetum and English. We are grateful for your attention and participation.

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Enkontru públiku La’o Hamutuk nian
Saida mak Timór-Leste presiza husi Komunidade Internasionál hafoin mandatu UNMIT remata?
Tersa feira 23 Outubru 2012,  tuku 09:00 dadeer to’o 01:00 lokraik
Fatin: Universidade Dili (UNDIL) Maskariñas, Dili
Fundasaun Alola nia leten ba, Ex. Edifísiu CNE nia oin

La’o Hamutuk konvida públiku atu mai partisipa diskusaun relasiona ho mandatu UNMIT iha Timór-Leste nia ne’ebé sei remata iha fulan Dezembru tinan ida ne’e.

Durante mandatu Nasoins Unidas iha Timór-Leste dezde 1999, ONU nia asisténsia ajuda atinje rezultadu balu di’ak, hanesan kriasaun estadu direitu demokrátiku, ho dame no seguransa. Infelizmente, UNMIT seidauk implementa kompromisu importante balun, inklui hakotu impunidade husi krime kontra umanidade ne’ebé akontese durante okupasaun Indonézia. Ida seluk, UN no estadu Timór-Leste seidauk hili polítika ba dezenvolvimentu ho diresaun ida ne’ebé sustentável no inklusivu.

Lakuna hirak ne’e povu Timór-Leste hamutuk ho nia ukun na’in sira mak tenke simu responsabilidade hafoin UNMIT sai.

Oradór sira:

• Vice-Reprezentante Espesiál Sekretáriu Jerál ONU, Shigeru Mochida: Reflesaun kona ba susesu ne’ebé Misaun ONU halo iha Timór-Leste no saida mak seidauk atinje 
• Ministru Negósiu Estranjeiru, RDTL nian José Luis Guterres: Reflesaun kona ba esperansa ba buat ne’ebé misaun ONU la konsege halo durante nia misaun iha Timór-Leste 
• Reprezentante ETAN, Jill Sternberg: Solidariedade Internasionál husi ETAN agora no ba futuru hafoin UNMIT remata 
• Diretór Fundasaun Mahein, Nelson Belo: Analiza setór seguransa hafoin mandatu UNMIT remata 
• Peskizadór La’o Hamutuk, Inês Martins: Dezenvolvimentu sustentável hafoin misaun UNMIT remata 

Enkontru públiku ne’e la’o iha lian Tetum no Inglés. Mak ne’e de’it ami nia konvite ba ita boot sira nia atensaun no partisipasaun la haluha hato’o obrigadu barak.

Timorese call on the UN Security Council to ensure accountability for crimes against humanity

A coalition of groups in Timor-Leste is urging the United Nations Security Council "to take concrete, effective actions to end impunity for those who directed and committed crimes against humanity in Timor-Leste" during Indonesia's invasion and occupation.

"Accountability for crimes against humanity must not be further delayed" the Timor-Leste National Alliance for an International Tribunal (ANTI) told the UN Security Council in a letter delivered this week.

ANTI criticized UN Secretary-General Ban ki-Moon for failing "to mention the consequences of ongoing impunity for the serious international crimes committed during the Indonesian occupation" in his latest report to the Council.

The letter was endorsed by more than 30 other organizations from outside of Timor-Leste.

"We are still not yet free of the shadow of serious crimes committed during the 24 years of Indonesian occupation. We have suffered a lot during that period; physically and psychologically, because of torture from various types of violations, including sexual violence against women, and the loss of 180,000 human lives because of the brutal, illegal Indonesian military occupation," said ANTI.

ANTI added "If impunity continues to prevail in Timor-Leste, it will have a negative impact on the stability and security of our country; undercutting the efforts of the United Nations to establish rule of law and strength security institutions. In addition, the perpetrators are continuing to commit similar crimes in Indonesia."

The Security Council is scheduled to meet on February 22 to discuss the future of the UN Mission in Timor-Leste (UNMIT). The mission's current mandate expires February 26. 


The Security Council should "discuss the recommendations of the [2005] Commission of Experts regarding the establishment of an International Criminal Tribunal when national mechanisms fail." They also urged the Council to enlarge the mandate of the Serious Crimes Investigation Team (SCIT) to allow the investigation and support the prosecution "of the principal perpetrators of serious crimes and crimes against humanity throughout the Indonesian occupation from 1975-1999." The SCIT current mandate only allows investigations of murders committed during 1999, when the UN sponsored the referendum which led to Timor-Leste's independence.

ANTI argues that such prosecutions are "the only solution to end impunity in Timor-Leste and Indonesia, so that democracy and human rights that we yearn for can be achieved in Timor-Leste and other countries."

Endorsing groups include the East Timor and Indonesia Action Network (U.S.); KontraS, the Indonesian human rights organization; Japan East Timor Coalition; International Federation for East Timor; Australian Coalition for Justice for East Timor; and the regional Asia-Pacific Solidarity Coalition.

Full letter (in english and tetun) and signatures here

TL Groups write UN Security Council on Justice with international support

East Timorese groups, with international support from ETAN and others, have written to the UN Security Council urging the renewed UN mission include the following:

1. Establish a mechanism during the UNMIT mission which will create an International Tribunal.
2. Expand the mandate of the Serious Crimes Investigation Team (SCIT) to include some of the most grievous crimes committed prior to 1999, such as the 1975 invasion, 1983 Kraras Massacre, 1991 Santa Cruz Massacre, and others.
3. Give SCIT the authority and sufficient resources to prepare and publish formal indictments for cases they have investigated. 

 They write

...the current UNMIT mandate only includes investigation processes but not prosecutions, and only covers serious crimes committed in 1999. We are worried that this limited mandate will not end the cycle of impunity in Timor-Leste. We are very concerned that if impunity prevails in Timor-Leste it will nourish impunity in other countries, and all of us who struggle for human rights will not succeed. Therefore, if the United Nations fails to end impunity for past crimes against humanity committed in Timor-Leste, there can be no accountability for ongoing crimes, such as those committed during the 2006 crisis in our country.

 See here for the full letter with signers

Timor Police Brutality Video

The video above shows East Timorese police beating a man who's only "crime" appears to be carrying a sign. This is shocking enough. That several UN police officers stood by as the beating went raises many questions about the UN's role as mentor and trainer of Timor-Leste's police. If the international police won't intervene as police brutality takes place right in front of them, what lessons are they teaching Timor's police?

The release of the video comes after several police officers are accused of killing a young Timorese man at a party at the end of last year. These and other event reflect a disturbing pattern. As a young country, Timor-Leste has a chance to create a police culture which respects and defends human rights. To do so, Timor will need international police mentors who understand this and Timor-Leste will need overcome the legacy of Indonesia's occupation and its official brutality.

Finally, given all the security personnel never held accountable for serious human rights crimes over the last 35 years, I wouldn't be surprised if these officers assumed their would be no consequences for their actions - even with cameras and the President present. We hope the new nation's justice system provides some justice victim.

John M. Miller
National Coordinator, East Timor and Indonesia Action Network

UN and Justice

A few days go an East Timorese journalist asked the new of the new Special Representative of the Secretary-General for Timor-Leste Ameerah Haq about the UN's commitment to justice for serious crimes committed in Timor. Haq's response focuses on the UN helping to strengthening Timor-Leste's institutions, ignoring the more direct role the UN should play in supporting justice and accountability for serious crimes committed in Timor from 1975 on - such as pressure on Indonesia to turn over suspects or on Timor-Leste not return them (Mertenus Bere anyone) or the UN taking over the function of holding trials at an international tribunal.

The relevant excerpts from the transcript follow.

And thirdly, as the new leader of the UN Mission here in Timor-Leste what do you see, I mean what is your view on the UN’s commitment to bring the perpetrators of serious crimes to justice? There is a contradiction between the UN commitment and our government in this matter.

Ameerah Haq: 

...The recommendations of the TAM [Technical Assessment Mission - now in Dili] will go before the Security Council, which will result in another mandate for the Mission. And those recommendations as always will contain the work that the UN will continue to do on justice, on rule of law, and on human rights. And with respect to all of these there will continue to be the position that there must be no impunity for serious crimes against humanity. The work of all the institutions of justice here will continue to be part of the mandate of UNMIT as they have been doing.

And there is a great deal to be done on legislation, on policy, on capacity building; we are working very closely with the Prosecutor General’s office and all the other organs. But again there I think I go back also to what I said in my initial commentary: that I think you know there is a great role not only for the media but also non-governmental organizations to play with respect to advocacy on these issues.

the full UNMIT transcript is here.

As to "non-governmental organizations... advocacy on these issues" -- it will certainly continue.

Photo: Ameerah Haq (third from left) arrives in the Timorese capital, Dili, to take up her post. UN Photo/Martine Perret

Blogging the UN Security Council meeting

UPDATE: UN's official media summary of Security Council meeting.

[Webcast: Archived Video - English: 2 hours and 55 minutes ]

[Webcast: Archived Video - Original Language: 2 hours and 55 minutes ]

***

10:05 am - Delegates and staff are gathering in the Security Council chamber for a discussion (or more accurately a series of speeches and a few questions) on UNMIT and Timor-Leste. They have before them the Report of the Secretary-General on the United Nations Integrated Mission in Timor-Leste (for the period from 21 January to 23 September 2009).

The meeting is being broadcast on the UN website.

10:10 Deputy PM Jose Luis Guterres is representing Timor-Leste (TL). Other non-Security Council members, among them Australia, Brazil, New Zealand, Portugal and Sweden have asked to speak.

10:11 SRSG Atul Khare will also address the Council.

10:16 Khare is talking about TL's budget, Tour d'Timor bicycle race, "successful" Suco elections (67.75% of registered voters cast ballots). communal peace, water, roads and infrastructure and education were issues.

10:20 Now talking about parliamentary debate on no confidence because of Maternus Bere release - Khare called the debate a positive step. Said legal issues must be dealt with in a competent court. Said Xanana said in debate that AMP does not seek amnesty law. Said Lasama (President of Parliament) said CTF and CAVR "may be discussed by parliament after budget debate" Khare said he has repeatedly stated "UN firm postion that there can be no amnesty or impunity for serious crimes"

*** see recent letters on justice to Security Council from ETAN and other groups and Lao Hamutuk ***

10:25 other issues Khare is discussing - judicial reform, police and security sector reform, phasing out of international security forces and UN Security Council mandate. Upcoming assessment of UN in TL must include consulting with national authorities, civil society and others. Seems to acknowledge that some see UN in TL as increasing irrelevent. Talking about examples of bi-lateral aid from various countries.

10:29 chronicling efforts by UNMIT to reduce its environmental impact ("footprint"), including less paper use. Atul is no saying his farewell and final thank yous as SRSG - his term ends shortly.

10:29 Jose Luis Guterres is now speaking. Speaking about parliamentary debate on Fretilin motion of no confidence. Called it 'lively debate," says decision taken was constitutional and in nation's interest. Says Bere was released to Indonesia because he is an Indonesian citizen, is still in Indonesian Embassy. Says lawyer petitioned court to release Bere on health grounds.

10:40 - praises judicial review commission which recently finished. Now discussing 2006 crisis - all IDP camps closed and IDPs integrated. Social housing, food assistance and other programs for most vulnerable. Praises conduct of Suco elections. Security sector review is priority. Reform is a long-term prospect, may take a generation.

10:46 talking petroleum - fund, national oil company; economic growth - 7 national priority areas for next year; national corruption commission. Now saying thanks to Atul Khare. Say TL needs UN presence until 2012. Japan is next up.

10:53- Japan is pleased with progress in a number of areas and agrees with SG reports cautious optimism. Says police handover should be based on criteria not timeline. Says civilian control of armed forces is fundamental. Says not take "hasty action" in next steps.