Statement by the High Commissioner to the special session of the Commission on Human Rights on East Timor

Commission on Human Rights
Fourth Special Session


Statement by
Mary Robinson
United Nations High Commissioner for Human Rights


Geneva, 23 September 1999


Madame Chairperson, Distinguished Delegates


Today we meet in special session to address the human rights situation in East Timor. For only the fourth time in its history, the Commission comes together to respond to an emergency situation in the field of human rights.

The basic facts of the situation are known.

On 30 August 1999 the population of East Timor participated in a popular consultation on the future of its territory. The result was an overwhelming vote for independence.

To the great regret and concern of the watching world, this consultation was not followed on the ground by a constructive implementation in terms of the agreements of 5 May which set the referendum process in motion. Instead, extreme violence was initiated by different militia groups, in which elements of the security forces were also involved. The violence threatened the lives of the Timorese people, in particular those who supported the independence of East Timor, as well as United Nations and other international staff, and journalists covering the events.

Thousands of East Timorese were expelled or fled from the territory and thousands of others took refuge in the hills. We do not yet know the total number of those who were killed, separated from their families, or deported, nor the full extent of property destroyed. Yet, available information shows clearly that gross human rights violations were committed in East Timor, affecting its entire population and territory.

The Commission has before it my report of 17 September on the alleged and reported violations. Let me draw your attention to the following aspects of this report:

· breakdown of law and order: militia members terrorized and murdered unarmed civilians; burned houses; displaced large numbers of people; intimidated, threatened, and attacked personnel of international organizations, frequently in full view of heavily-armed police or military personnel who either stood by and watched or actively assisted the militias;

· wanton killings: there are reports of mass killings targeting pro-independence activists in a number of locations, including camps in West Timor;

· forcible expulsions: reportedly as many as 200 000 persons have been forcibly displaced. There are indications that forcible displacement was a deliberate and long planned action;

· violence against women: numerous reports speak of women being raped and sexually assaulted in Dili and other locations in East Timor and during transport to and on arrival in the camps in West Timor;

· enforced and involuntary disappearances: the whereabouts of a significant number of people taken away by militia or TNI remains unknown. UNHCR is alarmed by cases of separation of men from women and children;

· displaced persons: UN agencies and foreign missions in Jakarta confirm that thousands of East Timorese have fled to other parts of Indonesia. There is an urgent need to ensure protection of those displaced and hiding both in East Timor and West Timor, who face the threat of violence, malnutrition and disease.

· property: Television pictures have confirmed earlier reports that many houses have been looted and burned;

· media: journalists had been expelled and thus prevented from continuing their work in East Timor and West Timor. Journalists have also been the targets of violence.

The tragic events in East Timor happened despite commitments made on 5 May by the responsible authorities. The United Nations, which, through the Secretary-General, had provided good offices and assisted the process of a peaceful resolution to the East Timor question, was exposed to deliberate attacks against its staff and premises, and was forced to withdraw to Dili and ultimately to evacuate from East Timor.

The main conclusions that can be drawn from the report are:

· there is overwhelming evidence that East Timor has seen a deliberate, vicious and systematic campaign of gross violations of human rights;

· an international commission of inquiry into the violations must be established so that those responsible are brought to justice;

· immediate access must be assured to aid agencies to get assistance to those in dire need. Secure conditions must be created for the safe exercise of the function of humanitarian aid workers;

· the cooperation of the Government of Indonesia with the United Nations is vital to ensure effective protection of human rights to all the people in East Timor in the transition process to the full implementation of the agreements of 5 May 1999.


Distinguished Delegates

It is a widely accepted principle of contemporary international law and practice that wherever human rights are being grossly violated, the international community has a duty to do its utmost to help provide protection to those at risk; to help bring relief and assistance to those in need; to gather the facts with a view to throwing light on what has taken place; to bring those responsible to justice; and to make the perpetrators of gross violations accountable and render justice to the victims.

The Vienna Declaration and Programme of Action reconfirmed that the promotion and protection of human rights is a legitimate concern of the international community and, in his speech to the General Assembly on Monday last, Secretary-General Kofi Annan stated:

“The core challenge to the Security Council and the United Nations as a whole in the next century (is) to forge unity behind the principle that massive and systematic violations of human rights - wherever they take place - should not be allowed to stand.”

As you are aware, I visited the region from 10 to 13 September, stopping in Darwin and Jakarta. The purpose of my visit was to assess the situation first hand and to discuss with the authorities involved actions necessary to ensure the protection of human rights. I wanted also to be briefed by evacuated international and local staff from UNAMET and other UN organizations, CIVPOL and military liaison officials who had been in East Timor from early July to early September, as well as international and Indonesian human rights NGOs. The reports I received formed the basis of the account which I circulated to members of the Commission.

In Jakarta, I was well received by President Habibie. We had a constructive meeting to which he had invited the Minister for Justice and the Chairman of the National Human Rights Commission. I shared my concerns about the human rights situation in East Timor with him and referred to the gravity of numerous reports of collusion between the TNI and the militias committing human rights violations. President Habibie agreed that clarifying the question of responsibility for human rights violations in East Timor could also have an important impact on the situation in Indonesia and asked that the National Commission on Human Rights explore with my Office the possibility of establishing a commission of inquiry. It has been reported that the Chairman of the National Commission on Human Rights has announced plans to establish a commission of inquiry which would cover both East Timor and West Timor. I hope that this commission will cooperate closely with its international counterpart once this is established.

I value highly the cooperation that has developed between my Office and the Indonesian Government and the National Commission on Human Rights. Indonesia is one of the countries which has developed a National Plan of Action for the promotion and protection of human rights. Recent legislation aims at strengthening the role and responsibilities of the National Commission on Human Rights. Last year we signed a Memorandum of Understanding which provides a functional framework for several programmes, ranging from human rights education to support for the Indonesian National Commission on Human Rights. I look forward to the further development of this co-operation.


Distinguished Delegates

While in Jakarta, I had the opportunity to meet the East Timorese leader, Mr. Xanana Gusmao. I was encouraged by our conversation. Mr. Gusmao’s thoughts went to the future of East Timor which he argued must be based on tolerance, respect for human rights of others, and peaceful relations with neighbours. I promised support by my Office towards the goal of building new institutions in East Timor which will provide the basis for an inclusive and democratic society.

We all know well that very difficult processes still lie ahead. The immediate priority is for all human rights violations to stop and for the East Timorese people to return to their homes in safety, so that the long and painful process of reconstruction can start. It is important that those who fled to West Timor and elsewhere in Indonesia should have the opportunity to express their choices for the future. UN High Commissioner for Refugees has received assurances from the Indonesian authorities in this regard.

The international community must help the people of East Timor and the region to rebuild their lives after the terrible disaster which has befallen them. The multinational force is assuming its responsibility for bringing peace to East Timor, though even as we meet we are getting reports of the immensely difficult conditions under which they have to operate. UNAMET is returning to ensure the transitional administration.

In order to overcome the past and to build a democratic future, human rights must underpin national and international reconstruction efforts. The future of East Timor will depend largely on the ability of the East Timorese people to put away thoughts of revenge and to ensure that human rights are promoted and respected without discrimination.

In cooperation with UNAMET, my Office has been elaborating a number of technical assistance and advisory services for East Timor. In this endeavour, we are starting from the assumption that the dedication of the people of East Timor to freedom must be complemented with respect for human rights.

Before a fully-fledged human rights programme and plan of action can be implemented, there are some pressing priorities. Legislation; institution building; and the embedding of a culture of human rights and tolerance are such priority areas.

The international community must be prepared to provide expert advice in the development of a legal framework for the promotion and protection of human rights. For example, it is vitally important to create a council for traditional law to ensure strong links between the new legislation and local culture and legal tradition, especially regarding land tenure and property law. This could contribute to the acceptance and thus stability of a new legal system.

Assistance should also be offered to establish a national human rights institution for East Timor. As in other countries, such an institution will assist the structures of authority with human rights knowledge and assessment, promote human rights education and culture, follow up on complaints against human rights violations and contribute to the integration of the human rights constituency. In the view of UNAMET and the World Bank, as well as in the light of experience from other countries in similar situations, property disputes may become an important factor challenging social stability. Thus, the establishment of a land property commission should also be assisted by the international community.

As the Timorese people set out on a new chapter in their history, it may well be necessary to overcome the past through a truth and reconciliation process. This could help bring about healing and reconciliation among the Timorese people who voted for autonomy and independence, and the establishment of appropriate relations with neighbours. The international community can facilitate this process not only by providing human rights expertise but also by making available examples of good practices from other regions.

The key to a peaceful and stable future for East Timor lies in developing a culture of human rights and tolerance. There is plenty of evidence that the majority of the people of East Timor understand this very well.


Distinguished Delegates

The tasks facing East Timor are enormous. So, too, are the responsibilities facing the United Nations. Yet, the combined efforts of the population and the international community can and must produce results. OHCHR is determined to provide technical assistance in the framework of the programme of UNAMET, in cooperation with the East Timorese authorities and other partners, including international and national NGOs.

I will be listening carefully to your discussion to draw on it in formulating my Office’s contribution to the United Nations’ assistance for East Timor. I also shall continue to keep the Commission informed of developments in the context of the situation of human rights in East Timor.