INDONESIA-ET TRUTH/FRIENDSHIP COMMISSION FACES

C O N F I D E N T I A L SECTION 01 OF 03 JAKARTA 002112

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, DRL, AND S/WCI

E.O. 12958: DECL: 02/16/2026
TAGS: PHUM PGOV PREL KJUS KAWC TT ID
SUBJECT: INDONESIA-ET TRUTH/FRIENDSHIP COMMISSION FACES
HURDLES

REF: JAKARTA 1078 - REACTION TO CAVR REPORT

Classified By: POLITICAL OFFICER MARK D. CLARK, REASON 1.4 (B AND D).

SUMMARY
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1. (C) Indonesia's senior bureaucrat responsible for human
rights in a February 8 meeting described the Indonesia-East
Timor Commission on Truth and Friendship (CTF) as "stagnant,"
due to East Timor's presentation of its human rights report
to the UN, the shooting of three Indonesians on the East
Timor border, and internal East Timorese politics. The
official acknowledged the CTF suffered from lack of adequate
staffing. Despite these problems, Indonesia remained
committed to the CTF and is optimistic it could produce
results. As new signs of movement, local media reported
February 14 that President Yudhoyono and President Xanana
Gusmao will meet February 17, and the CTF has scheduled its
first field mission to East Timor. The Chairman of
Indonesia's National Human Rights Commission, Abdul Hakim
Garuda Nusantara, on February 9 offered us a frank and
pessimistic assessment, questioning the CTF's plans and
abilities, and doubting the GOI's commitment to
accountability for East Timor. He described Indonesia's
"persistent reluctance" to pursue military accountability and
President Yudhoyono's cautious approach. With senior GOI
officials, we continue to stress the importance of the CTF
for addressing accountability, as we also work to link the
CTF with Carter Center expertise. End Summary.

CONVEYING U.S. ATTENTION TO CTF
--------------


2. (C) We called on Hafid Abbas, Director General for Human
Rights Protection, under the Law/Human Rights Ministry, on
February 8 to discuss the CTF. Hafid is Indonesia's senior
bureaucrat formally responsible for human rights policy and
he acts as an advisor to the government on the CTF. We
stressed with Hafid the importance the U.S. and the
international community attaches to the Commission and the
body's performance in helping to achieve accountability for
the 1999 crimes in East Timor. We noted expectations that
the CTF act in a transparent fashion, with public hearings
and expert international involvement. We suggested that the
work of the CTF was important enough to Indonesia that the
GOI should insulate the CTF mission from the buffeting of
day-to-day politics. We asked for Hafid's views on the CTF's
current status, when the international community might begin
to see signs of the CTF's progress, and the eventual outcome
of the CTF process.

CAVR CAUSES STIR
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3. (C) Hafid described the CTF process as having been
"stagnant" due to a number of developments in recent weeks.
East Timor's Commission for Reception, Truth and
Reconciliation (CAVR) report and its presentation to the
United Nations had strained relations between Jakarta and
Dili, as reflected in the cancellation of President
Yudhoyono's meeting with his counterpart Xanana Gusmao
(reftel). Allegations in the CAVR that Indonesia had
employed chemical agents and poisoned water supplies in East
Timor, and calls for blacklisting Indonesian citizens,
attracted particular concern. Indonesia needed to examine
the consequences of the CAVR within the UN, and in the UNSC
in particular, before Jakarta could proceed with the
Commission's work. Later, Hafid stated that it would be
reasonable for the CAVR to stand as one reference point for
the CTF. (Comment: The CAVR is noted in the CTF's terms of
reference, and one Indonesian CTF member told us of the CAVR
would constitute important input, reftel. End Comment.)



4. (C) The shooting of three Indonesians on the East Timor
border had contributed to "political resistance" within
Indonesia toward the work of the CTF, while fractious
internal politics on the East Timor side also interfered with
progress. While some intemperate GOI voices had discussed
blocking fuel and other supplies headed to East Timor

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following the border shootings and the CAVR, Hafid said he
had contributed to a briefing memo sent to Yudhoyono that
urged a continued focus on building good relations with Dili.


5. (C) In addition to political factors, Hafid added that
the CTF faced a practical constraint with a lack of adequate
staff. The Indonesian CTF members had approached the
Law/Human Rights Ministry for a loan of qualified staff, but
those under Hafid's human rights office were already
stretched thin by Aceh and other demands. (Comment: The
Indonesian half of the CTF utilizes staff from the Indonesian
Foreign Ministry. End Comment.)

CTF'S FUTURE ACTIVITIES
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6. (C) Despite the lull, Hafid said he was nevertheless
"optimistic" that the CTF eventually could carry out its
tasks. He noted that the CTF should conduct "intensive
investigations," which would involve site visits and take
time. It should examine issues such as compensation for
victims and memorials to the dead on both sides of the
conflict, such as a monument in East Timor to fallen
Indonesian soldiers. Hafid expected the CTF to examine and
propose "amnesty" mechanisms for those found culpable of
abuses. The CTF's "orientation is the future," and focused
on building friendship between the countries.

SBY-Xanana to Meet Feb. 17, CTF Mission Back On
-------------- --


7. (SBU) As new signs of movement for the CTF, local media
reported February 14 that President Yudhoyono and President
Xanana Gusmao will meet February 17, with Foreign Minister
Wirajuda describing this as a chance for Indonesia to listen
to the information that East Timor has conveyed to the UNSC.
In addition, CTF member Wisber Loeis reports that the CTF
will go ahead with its first field mission to East Timor from
February 19-26.

KOMNAS HAM CHAIRMAN CRITICAL
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8. (C) On February 9, we spoke in confidence with Abdul
Hakim Garuda Nusantara (protect),chairman of Indonesia's
National Human Rights Commission (Komnas Ham - a
legally-mandated, government-funded body, with a largely
independent viewpoint). Komnas Ham's own extensive work on
East Timor issues did not successfully translate into
achieving within Indonesia effective accountability for the
atrocities committed there. Not surprisingly, Abdul Hakim
conveyed deep skepticism regarding the CTF's plans and
abilities, and the GOI's commitment to achieving
accountability through this mechanism. The Chairman
explained that given Komnas Ham's report on East Timor, the
work of the Special Crimes Unit (SCU),and the CAVR, there
was no need for the CTF to conduct investigations or to
"verify" these reports. In this light, he questioned why the
CTF would invite retired General Wiranto to testify:
"Wiranto's version is not the truth." He stated that, as
reflected in the CTF terms of reference, the Commission's
approach to accountability should be based on the legal
frameworks of both Indonesia (represented by the Law on Truth
and Reconciliation) and East Timor, which focused on
individual rather than institutional responsibility for human
rights violations. Abdul Hakim added that, usefully, the CTF
could meet directly with victims to add to the Commission's
credibility.

CTF MEMBERS LACK EXPERTISE
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9. (C) While the CTF was co-chaired by a former Komnas Ham
member (Benjamin Mangkoedilaga),and included a still active
Komnas Ham commissioner (Achmad Ali),Indonesia's CTF members
did not have the expertise to carry out human rights
investigations or a firm understanding of the workings of
truth and reconciliation efforts, nor did they have qualified
support staff. Abdul Hakim commented that only one
Indonesian CTF member, Ambassador Wisber Loeis, appeared to
take his responsibilities seriously.

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FOREIGN MINISTRY INDIFFERENT
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10. (C) The Foreign Ministry acted as the CTF's GOI
counterpart and controlled the CTF's budget (as well as
seconded personnel),the Komhas Ham Chairman explained.
"Speaking frankly," he said Foreign Minister Wirajuda lacked
interest in the substance of the CTF's work or in
accountability, and only viewed the CTF as a political
defense before the international community. Following
international acceptance of the CTF, the Foreign Ministry saw
that it had completed its task. There was no particular GOI
commitment to a substantive end product. It remained
uncertain if the CTF's work would result in a detailed
report, or one that would be released publicly.

SBY REMAINS CAUTIOUS ON MILITARY ACCOUNTABILITY
-------------- --


11. (C) Speaking more broadly, Abdul Hakim commented that
Indonesia's "persistent reluctance" to pursue accountability
for past abuses by security forces remained a weakness in the
country's otherwise advancing democracy. Based on his own
discussions with President Yudhoyono, Abdul Hakim concluded
that Yudhoyono was "moving cautiously" on military
accountability, gauging opposition from the armed forces. At
the same time, the President had a political interest in not
disposing of human rights issues, and sought to use the
latent threat of legal proceedings as a weapon against
political opponents.

COMMENT
--------------


12. (C) The comments by Indonesia's human rights official
and the Komnasham chairman reflect a CTF that after six
months has not yet demonstrated much progress in
"establishing the conclusive truth," in the words of the
CTF's terms of reference, in regard to the 1999 crimes in
East Timor. The CTF also remains very much subject to the
political vagaries of the Indonesia-East Timor relationship.
In meetings with senior officials, we continue to raise the
importance of the CTF for addressing accountability, and we
are engaged in linking the CTF with Carter Center expertise.

PASCOE