GOI ACCEPTS RESPONSIBILITY FORHQUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 JAKARTA 001385

SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, DRL, DRL/AWH
NSC FOR EPHU

E.O. 12958: DECL: 07/18/2018
TAGS: PREL PGOV PHUM ID TT
SUBJECT: GOI ACCEPTS RESPONSIBILITY FORHQUMAN RIGHTS
VIOLATIONS IN EAST TIMOR

REF: JAAARTA 1328 AND PREVIOUS

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Classified By: Pol/C Josp h L. Novak, reasons 1.4(b+d).


1. (C) SUMMARY: Indonesian and East Timorese leaders have
underscored their support for the conclusions of the
Com(ission on Truth and Friendship (CTF) Report, stressing
that the report assists the reconciliation r"ocess. The
report itself places institutional eesponsibility on
Indonesian security forces for gross human rights violations
in East Timor in the1 990s. It also lays out recommendations
for refrrm, which include human rights training for securiy(
forces. Critics charge that the report does not mandate
individual accountability by those who committed human rights
violations. Over all, we see the report as constructive in
terms of normalizing relations between the two countries and
in adding further impulse to security force reform. END
SUMMARY.

FOCUS ON RECONCILIATION


2. (U) In a ceremony in Bali on July 15, President Yudhoyono
and President Ramos-Horta formally received copies of the
Commission of Truth and Friendship (CTF) report (see reftel).
The report focuses on the violence that occurred in East
Timor in the 1990s, who was responsible for it and includes a
list of recommendations for next steps.


3. (U) President Yudhoyono accepted the report, acknowledged
its findings, expressed "deep remorse" and pledged to follow
all the recommendations set forth in the report. This
acknowledgment included accepting institutional
responsibility for Indonesia's gross human rights violations
committed by government and state institutions. In press
comments, SBY said he would not use the report's findings to
prosecute the individuals involved, but rather to focus on
"restorative justice" for the victims, as the report was
designed to resolve issues through a non-prosecutorial
process.


4. (U) Timor-Leste President Ramos-Horta also emphasized
reconciliation. Ramos-Horta said he accepted Indonesia's
acknowledgment of responsibility and wished to move forward.
News reports stated Ramos-Horta was satisfied with SBY's
expression of "deep remorse" and that he reiterated the need
to look forward and not focus on the past.


5. (U) The Indonesian military (TNI) admitted responsibility
for the human rights violations outlined in the report.
According to press reports, TNI chief General Djoko Santoso
said the TNI accepted its responsibility as part of a
democratic administration and would abide by any decision
made by the Indonesian government. He also said he was
unclear what amends the military would make, as the report
was still under "government scrutiny."


6. (C) On July 16 FM Wirajuda presented the CTF report
summary and SBY's administration's reaction to members of the
Indonesian Parliament's (DPR) Commission I, which is
responsible for foreign affairs and defense. (Note: The GOI
will present the full report to the DPR shortly.) Commission
I Chair Theo Sambuaga told Pol/C that he welcomed the report
and firmly believed that it would assist with the
reconciliation process. Commission I member Marzuki Darusman
told poloff that DPR members received the document favorably.
Although the DPR does not have a formal role in implementing
the report's recommendations, legislators would follow the
matter closely, he said. The DPR could use its oversight
function to press the GOI regarding the report's
recommendations, though parliamentarians had not reached a
consensus on this issue, according to Darusman.

THERE ARE CRITICS


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7. (U) UN Secretary General Ban Ki-Moon issued a statement
saying he "has taken note" of the final report and calling
for prosecution of individuals who committed gross human
rights violations and reparations for victims of the
conflict. He called for full accountability in line with the
recommendations contained in the UN Report on Justice and
Reconciliation for Timor-Leste, which calls for the creation
of an international tribunal. The SYG reiterated the UN's
willingness to assist both countries in the implementation of
such measures.


8. (C) Despite Indonesia's statements of regret both on the
part of the Indonesian government and military, many human
rights groups remain skeptical. Critics have said that
without prosecution there can be no justice for victims.
International Crisis Group (ICG) Southeast Asia Director John
Virgoe told poloff that it is unlikely Indonesia will pursue
prosecutions anytime soon.


9. (C) According to Indonesian Foreign Minister Hassan
Wirayuda and Minister of Defense Juwono Sudarsono, "the case
is closed." Wirayuda said no prosecutions would be made for
the perpetrators of violence. In an interview, Wirayuda said
Indonesia was "forced to choose either peace or prosecutorial
justice--we chose peace." Echoing these comments, Sambuaga
told Pol/C that there was no plan and no political support at
this time to pursue prosecutions against individuals
implicated by the report's findings.


10. (C) Darusman, a former Attorney General with extensive
contacts in the legal and human rights communities, had a
different take. He said prosecutions may still occur at
sometime in the future. He noted that the CTF specifically
avoided granting amnesty to any individuals for their
involvement in alleged human rights abuses in Timor-Leste.
Further, according to Darusman, there is nothing to prevent
individuals or groups from using facts established by the
report as the basis for legal cases. He said that the
National Human Rights Commission (Komnas HAM) and human
rights NGOs were weighing possible legal actions, including
class action lawsuits on behalf of victims and their
families. Darusman underscored that the CTF process was
unprecedented and that nobody could predict with certainty
what would happen next.

REVIEWING THE REPORT


11. (U) The report's findings were based on Commission
hearings and review of documentation, and a review of
previous investigations and testimony. They led to the
following conclusions as to gross human rights violations and
institutional responsibility:

- Gross Human Rights violations in the form of crimes
against humanity did occur in Timor-Leste in 1999. These
violations included murder, rape, and other forms of sexual
violence, torture, illegal detention, and enforceable
transfer and deportation carried out against the civilian
population.

- TNI, the Indonesian civilian government, the Indonesian
police and pro-Jakarta militia groups must all bear
institutional responsibility for gross human rights
violations targeted against civilians perceived as supporting
the pro-independence cause. These violations included
murder, rape, and other forms of sexual violence, torture,
illegal detention, and enforceable transfer and deportation.

- Timorese pro-independence groups were possibly responsible
for gross human rights violations in the form of illegal
detentions that targeted civilians who were perceived as
Jakarta supporters. However, due to lack of previous
systematic judicial investigations, precise nature of these
crimes could not be conclusively determined.

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- From a moral and political perspective, the respective
states must accept state responsibility for the violations.
Due to the nature and scope of the persistent patterns of
organized institutional involvement in these gross human
rights violations, acceptance of responsibility is necessary
to move forward.


12. (C) The final report appears to be nearly identical to
an advance copy received by Mission prior to the July 15
release. Mission reviewed the early version we received in
reftels.

KEY RECOMMENDATIONS


13. (C) The CTF's key recommendations are:

- Accountability and institutional reform--the CTF does not
recommend amnesty or rehabilitation for any persons.
However, it recommends the following: (1) human rights
training for security forces; (2) human rights training and
conflict resolution for civil institutions; (3) strengthen
bodies that investigate human rights violations; (4) training
for all forces in the protection of women and children.

- Joint border and security policy--both countries will work
to the establishment of visa free (peace zones) along the
border and joint border patrols to enable safe crossing.

- Conflict resolution and psycho-social services for
victims--establish conflict resolutions centers to provide
training in conflict resolution and mediation for government,
civil society, and specific communities. This includes
specific survivor healing programs, in particular for victims
of sexual violence and torture.

- Economic and asset dispute resolution--accelerate the
resolution of disputes of complex economic and asset issues.

- Commission for disappeared persons--establish a bilateral
commission to acquire information about disappeared persons
and identify the whereabouts of all Timor-Leste children
separated from their parents and to notify their families.

- Make recommendations for official acknowledgment and
apology for the suffering caused by the events of 1999.

- Long term and aspirational recommendations--additional
recommendations included cultural and educational exchanges,
health sector cooperation, promotion a cultural of peace and
respect for the rule of law and human rights, and continued
security cooperation.

A CONSTRUCTIVE REPORT


14. (C) Over all, Mission sees the CTF report as a positive
step forward in terms of reconciliation between the two
countries. Official acknowledgment of institutional
responsibility by the two governments of the crimes that were
committed was not easy to do, especially for Indonesia. In
fact, Yudhoyono and his government acted in the face of what
could be a backlash from retired senior generals and others
who hold a "nationalist" perspective. These elements have
largely held their fire, so far, but they are influential and
national elections are looming. It is now important that the
GOI focus on implementing the report's recommendations
elaborated on above.
HUME