Human Rights Watch today backed the call from the Indonesian Human Rights Commission for an independent investigation, with U.N. participation, into the killings of aid workers in West Timor on September 6.
The alternative is relying on the ten-person team composed entirely of Indonesian army and police set up on Friday by the provincial police command in West Timor.
"There is a real danger of a cover up if this investigation is left to the same people who have let the militias run rampant for the last twelve months," said Sidney Jones, Asia director of Human Rights Watch. "The question is not just who committed these savage murders -- it's who is responsible for the systematic intimidation of aid workers and refugees that escalated into outright murder."
Indonesian President Wahid has pointed to the detention of fifteen suspects in the attack on the Atambua office of the U.N. High Commissioner for Refugees (UNHCR), and one suspect in the murder of militia leader Olivio Mendonca Moruk as evidence of a newfound will to act promptly in response to Wednesday's violence. "Given the past record of local authorities in dealing with the militias, I think there will be skepticism about every aspect of this case unless respected outside investigators are part of a fact-finding team," said Jones.
Human Rights Watch says a comprehensive policy is needed to protect the East Timorese in West Timor and the humanitarian workers who assist them. That policy would involve:
Immediate formation of a fact-finding team composed of the Indonesian National Human Rights Commission; an appropriate U.N. body such as UNHCR; Indonesian NGOs experienced in investigations in the area; and other outside experts or investigators as appropriate. The team should have clear and public terms of reference, including full and secure access to refugee camps and local detention facilities.
A thorough and immediate sweeping by the Indonesian army of known militia residences and camps in West Timor to search for and confiscate weapons.
Cooperation between Indonesian police and investigators from the U.N. Transitional Administration in East Timor (UNTAET) to arrest and detain all militia leaders against whom there is sufficient prima facie evidence to proceed with prosecutions under the Indonesian Criminal Code.
Immediate detention of the nineteen suspects named by the Attorney General's office on September 1 as suspected perpetrators of serious abuses. (This step was recommended Friday by the Indonesian Commission on Human Rights.)
Commitment to begin formal prosecutions in Jakarta and Dili of cases related to the 1999 militia violence in East Timor, which would serve three purposes. First, getting serious trials underway would show to the militias that there is indeed some threat of prosecution, perhaps deterring further violence. Second, it would show to the East Timorese that justice through the court system was an attainable goal. And third, it would give the international community a chance to assess whether the Indonesian justice system is capable of holding anyone accountable for grave human rights violations in East Timor.
Extension of the mandate of the UNTAET peacekeeping forces to provide protection for humanitarian workers in West Timor unless a credible alternative is found.
Establishment of a high-level international committee to work out the modalities of the transfer of refugee camps away from the border, and separation of armed combatants from refugees. Those living in the camps, prior to any transfer, must be absolutely assured of a chance to indicate their wish to move or return to East Timor without fear of intimidation -- a step that can only be accomplished through international monitoring. Those choosing to return to East Timor must also be assured protection from the moment they make their choice until they are safely back on East Timorese soil.
Consideration by the international community of economic sanctions against Indonesia unless a serious effort is made to protect the rights and security of refugees and those who work with them.
"The violence in West Timor has implications for Indonesia's democratic experiment," said Jones. "Unless the government can impose its authority on lawless and criminal elements?including those within its own armed forces?the transition to democracy is going to fail, and not only the generals but the civilians in power are going to be responsible."
