INDONESIA/TIMOR LESTE -- FINAL COMMISSION REPORT

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 003008

SIPDIS

SIPDIS

DEPT FOR EAP, EAP/MTS, DRL/PHD, EAP/MLS, EAP/ANP
NSC FOR EPHU

E.O. 12958: DECL: 10/29/2017
TAGS: PREL PGOV KPKO PHUM ID TT
SUBJECT: INDONESIA/TIMOR LESTE -- FINAL COMMISSION REPORT
DUE EARLY 2008

REF: JAKARTA 1475

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Classified By: Pol/C Joseph Legend Novak, reasons 1.4 (B,D).


1. (C) SUMMARY: The Commission on Truth and Friendship
Timor-Leste (CTF) recently held its final workshop in
Jakarta, prior to deliberating on its final report to be
issued in early 2008. Indonesian human rights groups are
generally skeptical about what will be in the final report.
Some members of the CTF, however, believe the report will
credibly prove human rights violations committed by
individuals and institutions in 1999. The DCM--invited to
address the informal CTF workshop--noted the need for
positive outcomes, emphasizing accountability. END SUMMARY.

FINAL REPORT: EARLY 2008


2. (SBU) On October 23, the CTF held a final workshop prior
to retreating to Bali to complete its final report due
January 30, 2008; the report is expected to be presented to
the Presidents of Indonesia and Timor Leste sometime in
February. The workshop included about 30 CTF commissioners
and staff, Indonesian and Timorese authorities on human
rights and conflict resolution, diplomats from the two
countries, and DCM, the only international participant in the
public workshop. Dep Pol/C also attended the meeting.

PRESSING ACCOUNTABILITY


3. (C) In his remarks, the DCM stressed that the U.S.
continues to press for accountability for past human rights
abuses in East Timor. Truth is needed for healing, and truth
can only be considered legitimate if the peoples of Indonesia
and Timor Leste recognize it as genuine. There is no way to
turn the page of history on crimes against humanity. The
DCM's recommendation that the CTF take into account the UN's
report by the Commission for Reception, Truth and
Reconciliation in East Timor (CAVR),generated a great deal
of discussion. Agus Tarmidzi, a former Indonesian Ambassador
to East Timor, questioned whether the entire CAVR report and
all UN resolutions it refers to should be considered; others
alleged that the UN was highly biased in its reporting.


4. (C) The DCM responded to questions about CAVR by
commenting that no one is prescribing what the CTF must
consider, but rather that the CAVR report is very
comprehensive and could help guide deliberations. CTF Timor
Leste Co-Chair Dionisio Babo Soares thanked the DCM privately
for his CAVR suggestion and other East Timorese expressed
similar sentiments.

CONTINUED DEBATE


5. (SBU) The day's discussion split along familiar lines:
some advocated burying the hatchet; others insisted there can
be no reconciliation without truth and admittance of guilt.
Hikmahanto Juwana, Dean of the Law Faculty at University of
Indonesia, said international law obstacles would make it too
difficult to assign guilt for the 1999 atrocities or even for
anyone to admit guilt. He and most Indonesian participants
stressed that it is more important to seek ways to strengthen
ties, and ways to sponsor economic development in both
Indonesia's West Timor and Timor Leste.


6. (SBU) Several Indonesians and East Timorese spoke out
strongly that contrition is needed to address the pain of
victims and to prevent future crimes. Judo Poerwowidagdo of
the Center for Empowering Reconciliation and Peace insisted
that both individual and institutional perpetrators must
reveal the truth, express regret and be forgiven in order for
true reconciliation to take place. (Note: CTF's Terms of
Reference do not include the topic of reconciliation, based
on the assumption that this had already occurred, and that
friendship is the next step.) Yudo said, "Without admission

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of guilt and asking for forgiveness, there will be impunity."


LOOKING TOWARD THE FINAL REPORT


7. (C) Some human rights activists remain skeptical about
the CTF proceedings, questioning the entire mandate of the
CTF. However, other human rights activists and conflict
resolution authorities who attended the workshop were more
interested in how the CTF could help victims and societies to
heal, suggesting practical steps to promote this process.
Director of the Peace-Building Institute Ichsan Malik, who
has experience in Maluku, said the CTF must be realistic and
recommend ways to promote bilateral understanding as well as
trust among conflicting groups, without explicitly demanding
justice.


8. (C) Commissioner Wisber Loeis admitted to DepPol/C that
no perpetrators have revealed truth or shown regret.
Therefore, CTF will not recommend amnesty for anyone. Evans
told us that while the official CTF criteria for recommending
amnesty was merely full cooperation, the CTF agreed privately
that there are three conditions: truth, admission of guilt,
and regret. No one has met these criteria and it is unlikely
someone will step forward at the last minute, Evans said.
Soares told the media that the CTF continues to discuss
whether it will determine gross human rights violations
occurred. If the CTF fails to come to a consensus, they
would take a vote and individual opinions would be noted in
the report.


9. (C) While many outside observers widely believe the CTF
report will disappoint, Evans and Loeis both asserted that
the report will be credible. Evans, who said he has seen the
current draft of the case study, said it would cite "very
clear cases under human rights law of gross violations of
human rights by TNI, pro-integration forces (pro-Indonesia)
and pro-independence forces." It will be "painful" for the
institutions cited, Evans added. Evidence will be based in
part on testimony by victims but largely on documentary
evidence, much of which was gathered by David Cohen, head of
War Crimes Study Center at the University of California.
Loeis said the report will document events in general terms
from 1975 up to 1999 as well, in order to put 1999 events
into context.


10. (C) Evans said the current draft of CTF recommendations
will include implementation measures, victim rehabilitation,
training for military, police and senior government officials
in both countries, and measures to prevent future violations.
The report will be measurable and accomplishable, he said.
It will require, however, resources to carry out the
recommendations, which he hopes the international community
will support. Evans conceded that there is healthy
skepticism that political forces could force the CTF to
produce a whitewash. Still, he holds "hopeful expectations"
this will not happen.

PRESSING FOR CREDIBLE RESULTS


11. (C) Even Judo Poerwowidagdo, the strongest advocate for
admission of guilt, conceded to DepPol/C that the
Indonesians will not admit guilt for both political and
cultural reasons. Given all of this, the CTF process
probably will not result in a perfect result which will be
acceptable to all. However, if it produces credible truth
and makes achievable recommendations to bring about healing,
it could help both nations solidify their democracies and
strengthen relations. As an outside voice which the CTF
trusts, the USG can continue to lobby behind the scenes for
credible results without endorsing the process or a final
report that is yet to be issued.

HUME