East Timorese Refugees in West

Main Objectives WORKING ENVIRONMENT

· Assist the Government of Recent Developments to provide refugees with sufficient information to allow Following the killing of the three them to freely choose either UNHCR staff members in on voluntary repatriation to East 6 September 2000, UNSECOORD Timor or local settlement in Security declared Phase V and all UN Indonesia, outside of . staff were evacuated from West Timor. · Provide the Government of Although plans had been made for Indonesia with support to ensure UNHCR activities in West Timor for that refugee-related activities in the rest of 2000 and 2001, these plans West Timor are in line with were abandoned as the Security Phase internationally accepted standards V remained in place. Instead, UNHCR for voluntary repatriation. supported the setting up of an · Support the Government of Indonesian Government Task Force Indonesia’s efforts to locally settle (SATGAS) to deal with the refugees in East Timorese refugee families who West Timor. SATGAS, under the opt to remain in Indonesia-outside supervision of the Co-ordinating West Timor during 2002. Ministry for Political, Social and · Identify vulnerable returnee cases, Security Affairs facilitated the particularly separated children and organised voluntary repatriation of single women, and make appropriate over 17,000 persons between referrals to address their needs. September 2000 and December 2001, in co-ordination with the International PLANNING FIGURES1 Organisation for Migration (IOM), UNHCR and the United Nations Population January December Transitional Administration in East 2002 2002 Timor (UNTAET). East 74,000 19,000 Timorese Following the peaceful elections in Refugees in in August 2001, the climate Indonesia in East Timor has become more 1UNHCR expects that the majority of the refugees conducive to repatriation and in Indonesia will return before or soon after East reconciliation. UNHCR will continue Timor’s independence planned for May 2002. to support the Government of the Republic of Indonesia in ensuring a TOTAL REQUIREMENTS: safe return for refugees to East USD 5,000,555 Timor.At the same time, UNHCR will assist the Government to find durable solutions for East Timorese refugees in West Timor. Through press briefings, consultations, visits and mass media

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campaigns, refugees will obtain the information needed on voluntary STRATEGY repatriation to East Timor or local settlement in Indonesia outside of West Protection and Solutions Timor to make an informed choice about their future. Between September The Government of Indonesia, in 2000 to December 2001, solutions in consultation with UN agencies and the the form of voluntary repatriation to emerging East Timorese government, East Timor have already been found for will provide accurate information to nearly 17,000 persons in co-ordination the East Timorese refugees concerning with IOM and UNTAET. This would voluntary repatriation or local settlement bring the total number of East outside of West Timor. With such Timorese who have safely returned to information, refugees will be able to East Timor to over 192,000 as of make a free and informed choice as to December 2001. Based on a detailed their preferred durable solution. UNHCR “missing persons” survey that UNHCR will support the Government by carried out in East Timor, at the sub- providing financial and technical guidance district level in May 2001, UNHCR concerning the promotion of believes that some 74,000 East repatriation and local settlement for Timorese remain in Indonesia of whom refugees. 55,000 will repatriate. UNHCR will continue to monitor Constraints movements and ensure that returnees are received and re-integrated in The current UN security phase in West conditions of safety and dignity. Timor continues to restrict UNHCR’s UNHCR, in co-ordination with IOM capacity to access refugees and will help the Indonesian Government monitor refugee movements. In order ensure that the needs of returning to ensure better security, UNHCR will refugees are met during the voluntary continue to promote and develop repatriation process as required, protection mechanisms in West Timor notably, accommodation for persons and conduct security assessment pending organised movements, food missions. assistance during their stay at transit facilities, food and water for persons Voluntary repatriation continues to be during convoy movements, and hindered in a number of ways. Militia measures to meet the needs of intimidation is still occasionally noted vulnerable refugees, including women, in certain camps, although as single parent-headed households, experienced in the past, this now tends children and the elderly. UNHCR will to be more the exception than the rule. also administer a repatriation package Linked to this, disinformation and for returning refugees including non- manipulation by hard-liners in the food items such as plastic sheeting, camps continues, although the former blankets, buckets, sleeping mats and cohesion of anti-repatriation political mosquito nets. leaders has seriously splintered. The question of pension and severance pay In addition, UNHCR will be engaged for former employees of the Indonesian in local settlement planning for refugees Government continues to hamper return, who wish to remain in Indonesia. UNHCR although the matter is being addressed will contribute towards the Government’s with a view to being resolved. local settlement plan for 3,010 refugee

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families or 17,000 persons in 2002. in the registration of persons wishing Refugee families will receive construction to return; the facilitation of cross- materials (sufficient for them to build a border repatriation movements and 36 square meter house), as well as a co-ordination of repatriation-related livelihood package to meet their activities with IOM, UNTAET, and the subsistence needs and produce a small East Timorese leadership. For the surplus, which can be sold or bartered separated children now registered in at the local market. This surplus will Indonesia and while waiting for others allow some women to earn an income still to be identified, efforts will since they are the ones responsible for continue to be made to re-unite selling surplus products in the market. families through the Government (in particular, the Ministry for Social UNHCR will continue to carry out Welfare), UNICEF, local NGOs, the assessment missions to settlement sites Church and care-giving institutions. to assess the welfare of newly settled UNHCR will also assist the Government refugees as well as any protection- of the Republic of Indonesia to provide related issues that may arise. The food, accommodation and water to the Office will also ensure that refugees most vulnerable returning refugees and wishing to remain in Indonesia have will cover general operating expenses the right to choose to avail themselves such as communications, office of Indonesian citizenship. equipment/supplies and staff travel.

Assistance In support of the Government of Indonesia’s local settlement plan, The voluntary repatriation and UNHCR will assist the Government in reintegration operation will allow up to identifying families who wish to settle 55,000 refugees to return to East Timor locally in Indonesia and who meet the in 2002. In West Timor, UNHCR will refugee definition. The Office will disseminate information through the ensure that refugees who choose local press, briefings, consultations, “go and settlement are able to avail themselves see” visits and mass media campaigns of the same rights as nationals and they that will assist refugees choose either will, in turn, have the same repatriation or local settlement responsibilities as Indonesian citizens. benefits, as well as inform and The Office will also provide housing encourage host communities to accept materials, as well as livelihood refugees opting for local integration. packages adapted to the conditions prevailing at the host community level. UNHCR will provide the Government UNHCR will monitor these activities of Indonesia with support to ensure through direct field visits with that refugee repatriation-related international and national staff to local activities in West Timor are in line settlement sites to assess the welfare of with internationally accepted standards newly settled refugees as well as any for voluntary repatriation. In addition, protection-related issues. UNHCR will support the Government

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Desired Impact OFFICE

All refugees wishing to return to their Jakarta homes or other areas will have been assisted to do so in safety and dignity. PARTNERS Areas of return in East Timor will have benefited from UNHCR’s support to Government Agency receive the returning refugees. Returnees will resume a normal life, The Co-ordinating Ministry for and UNHCR’s efforts will have Political and Security Affairs contributed to making return The Government of Indonesia’s sustainable and stabilising the Taskforce for Repatriation (SATGAS) humanitarian situation. The Ministry of Settlements and Regional Infrastructure Although it is estimated that the vast (KIMPRASWIL) majority of refugees will return to East The Ministry for Social Welfare Timor, for those refugees who opt for The Ministry of Transmigration and local settlement, UNHCR will make Manpower (NAKERTRANS) certain that they receive the same West Timorese provincial and district rights as Indonesian citizens, and that authorities the local settlement is carried out in a manner that ensures their smooth NGOs integration. To be determined ORGANISATION AND IMPLEMENTATION Others

Management FAO IOM Management and administrative support OCHA will be provided to the operation through UNDP the UNHCR Regional Office in Jakarta UNFPA and UNHCR Headquarters. Costs are UNICEF covered under the Indonesia Annual WFP Programme Budget. BUDGET (USD) Co-ordination Activities and Services Supplementary UNHCR will work with the Govern- Programme ment of the Republic of Indonesia, Community Services 60,000 local authorities, the East Timorese Domestic Needs 451,500 leadership, UNDP, UNICEF, UNTAET, Legal Assistance 355,500 Operational Support (to Agencies) 756,000 IOM, local NGOs, and the Church. Shelter / Other Infrastructure 3,257,555 Transport / Logistics 120,000 TOTAL 5,000,555

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East Timorese refugees accomodated in a sports’ stadium in , West Timor, receiving basic health care. UNHCR/F. Pagetti

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East Timorese Returnees

Main Objectives WORKING ENVIRONMENT

· Promote repatriation and re-integration Recent Developments through the establishment of a “Special Fund” to offset lost pension As of the end of December 2001, over benefits for former Indonesian 192,000 refugees had returned to East government employees who return to Timor, the vast majority assisted by or continue to reside in East Timor. UNHCR and other humanitarian · Enhance the prospects for the effective agencies. According to the results of a re-integration of returnees through UNHCR “missing persons” survey in support to the East Timor Reception, mid-2001, another 74,000 East Truth and Reconciliation Commission. Timorese still plan to return, many of The Commission will investigate whom live in squalid camps in former human rights violations and neighbouring West Timor. Despite the facilitate community reconciliation. success of the national elections in East Timor in August 2001, and the 1 imminent accession to independence in PLANNING FIGURES May 2002, the number of returns in the second half of 2001 have been Population January December disappointing. 2002 2002

East Timorese 192,000 244,000 The objective of the two activities repatriated supported by this project are since October complementary in that they seek to 1999 support the return and sustainable

re-integration of refugees through the East Timorese 74,000 19,000 promotion of justice and reconciliation refugees in East Timor, while at the same time remaining in addressing a number of practical, Indonesia financial concerns. It is hoped that by 1UNHCR expects that the majority of the refugees in Indonesia will return before, or soon after East implementing this project, substantial Timor’s independence, planned for 20 May 2002. numbers of refugees will seek to return before or just after independence.

TOTAL REQUIREMENTS: Constraints USD 1,917,000 Although reports of direct intimidation have subsided, misinformation by refugee leaders in West Timor continues to have a negative effect on the level of returns. The UN security phase in West Timor also further restricts the ability of UNHCR and other agencies to assist refugees and to counter misinformation and intimidation.

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Refugees remain concerned about the perpetrators, including new returnees, security situation in East Timor and of suspected lesser violent acts, will be whether they would be subject to given the opportunity of a hearing. The retribution should they return. accused will then appear in a public hearing in which the victim and other East Timor is a relatively poor country witnesses will give evidence. The with inadequate transport, communications accused will be expected to provide a and social services. Although returnees public apology and to reconcile with have been extremely well received the victim. The panel, the victim and upon their return to East Timor, they the accused will then negotiate a are faced with similar problems to the programme of community services and rest of the population, including possible compensation. insufficient shelter and high unemployment. The Commissioners will not have the power to grant amnesty and will refer STRATEGY any evidence of serious crimes that they may gather to the Office of the Protection and Solutions Prosecutor General. The Commission can, however, provide immunity from Reception, Truth and Reconciliation prosecution for perpetrators of less Commission serious crimes, after they have fulfilled the terms of a Community Reconciliation The twin objectives of the Commission Agreement. are to seek the truth about the human rights violations in the period 25 April “Special Pension Fund” for Former 1974 to 25 October 1999, and to Indonesian Civil Servants facilitate community reconciliation. The establishment of the Commission To resolve a critical concern for some is supported by UNHCR as a means to of the 8,655 East Timorese who achieve a practical balance between the formerly worked with the Indonesian need for justice, particularly for non- Government, UNHCR will contribute serious crimes at the community level, to a “Special Fund” to be administered with the need to achieve effective by the East Timor Government and reconciliation. It is expected that the UNDP. The fund totalling USD 25 attainment of these objectives will million will provide those concerned enhance sustainable re-integration and with a severance payment in lieu of foster the confidence of the remaining their Indonesian Government pension. refugees in Indonesia, so that they UNHCR’s contribution will be could safely return to East Timor. The targeted to those persons wishing to capacity to deal with minor crimes at return to East Timor from Indonesia the community level would also free (particularly West Timor) although up additional resources for the formal other former civil servants who are judicial system to prosecute more already in East Timor would also be serious offenders. eligible. Under existing regulations, former Indonesian civil servants would The Commission will have a national lose all entitlements to their Indonesian office in , six district offices and a pensions upon return to East Timor. smaller satellite office in Oecussi. UNHCR’s contribution to the “Special Each of the offices will establish Fund” will be contingent upon the panels to conduct hearings. Alleged

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deposit of a payment by the Desired Impact Government of Indonesia to this Fund. Through the resolution of grievances at Assistance the community level, it is expected that the reconciliation and re-integration Reception, Truth and Reconciliation process will be strengthened. It is also Commission hoped that through the implementation of community justice and Funding will cover: reconciliation that refugees in West · 80 persons to staff the national Timor who are guilty of minor crimes office for a period of three months; would feel more confident about · 35 persons to staff the six regional returning to East Timor. offices for a period of three months; It is anticipated that the payments · Office and vehicle costs; made available from the Special · Nation-wide information campaigns; Pension Fund will provide a catalyst · Consultant costs to support training for the return of several thousand programmes. former Indonesian civil servants. A large number of refugees remaining in Special Pension Fund refugee camps in West Timor have not returned to East Timor due to fears that Beneficiaries will include retired and they would lose their pension current employees with, at least, a one- entitlement – which in many cases is year full-time position in the the only source of income for their Indonesian Government and who have families. either remained in East Timor or who will return by a date to be fixed in ORGANISATION 2002. Payments will be made on a AND IMPLEMENTATION sliding scale, depending on the years of service and the final grade. In Management Structure principle, five “tiers” will be established with lump sum payments Implementation of the Reception, ranging from 5 million to 15 million Truth and Reconciliation Commission Indonesian Rupiah. The payment will will be the responsibility of the United be made in two equal instalments over Nations Transitional Administration in a period of twelve months to ensure East Timor (UNTAET) and after 20 that the return is sustainable and May 2002, of the East Timor permanent. Government. UNDP in close co-ordination with UNTAET, the East Timor UNHCR’s contribution to the Special Government and the Government of Fund, which will be administered by Indonesia will implement the Special UNDP, is contingent upon the Pension Fund. UNDP and UNTAET Indonesian Government’s contribution will be responsible for ensuring that to meeting a percentage of the overall reporting requirements are met as budget requirements. The Government requested. of Indonesia has already made a payment of USD 2 million to the fund.

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OFFICES United Nations System

Liaison Office, Dili United Nations Transitional Administration Field Office Batugade in East Timor (UNTAET) Field Office Oecussi United Nations Development Programme Field Office Suai (UNDP)

PARTNERS BUDGET (USD) 1

Government Agency Activities and Services Supplementary Programme ETTA and the East Timor Government Legal Assistance 1,917,000

1This Supplementary Programme is fully funded and UNHCR will not be seeking further funds.

Returnees who crossed the border on foot at , East Timor. UNHCR/M. Kobayashi

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