Documents on East Timor Volume 30: July 13-14, 1994 Special Issue: United Nations Decolonization Committee Hearings on East Timor

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TABLE OF CONTENTS

BACKGROUND ...... 2 WORKING PAPER PREPARED BY THE U.N. SECRETARIAT ...... 3 I. GENERAL...... 3 II. CONSIDERATION BY THE UNITED NATIONS 2 ...... 3 III. POLITICAL DEVELOPMENTS ...... 4 IV. HUMAN RIGHTS SITUATION ...... 6 V. ECONOMIC AND SOCIAL CONDITIONS ...... 7 VI. HEALTH AND EDUCATION ...... 8

U.N. PRESS RELEASES...... 8 TESTIMONY BY PETITIONERS ...... 15 UNIÃO DEMOCRÁTICA TIMORENSE (TIMORESE DEMOCRATIC UNION)...... 15 HOBART EAST TIMOR COMMITTEE...... 15 AMNESTY INTERNATIONAL: EAST TIMOR: WHO IS TO BLAME? ...... 17 1. TORTURE AND ILL-TREATMENT...... 18 2. POLITICAL IMPRISONMENT AND UNFAIR TRIALS ...... 20 3. EXTRAJUDICIAL EXECUTION AND “DISAPPEARANCE” ...... 22 4. THE QUESTION OF ACCESS...... 23 5. CONCLUSIONS AND RECOMMENDATIONS...... 24 EAST TIMOR ALERT NETWORK/CANADA...... 31 FREE EAST TIMOR JAPAN COALITION...... 33 JAPANESE CATHOLIC COUNCIL FOR JUSTICE AND PEACE...... 34 PARLIAMENTARIANS FOR EAST TIMOR...... 35 PAX CHRISTI INTERNATIONAL ...... 37 EAST TIMOR ACTION NETWORK / UNITED STATES ...... 37 Page 2 East Timor Documents, Volume 30. July 13-14, 1994.

AGIR POUR TIMOR ...... 39 BRITISH COALITION FOR EAST TIMOR ...... 40 INTERNATIONAL PLATFORM OF JURISTS FOR EAST TIMOR...... 42 ASIA-PACIFIC COALITION FOR EAST TIMOR (APCET) ...... 43 PHILIPPINE SOLIDARITY FOR EAST TIMOR AND INDONESIA...... 45 U.S. REPRESENTATIVE NITA M. LOWEY (D-NY) ...... 45 INTERNATIONAL LEAGUE FOR HUMAN RIGHTS...... 46 NATIONAL COUNCIL OF MAUBERE RESISTANCE ...... 47 MAUREEN TOLFREE ...... 49 UNREPRESENTED NATIONS AND PEOPLES ORGANIZATION ...... 50 CATHOLIC INSTITUTE FOR INTERNATIONAL RELATIONS...... 51 ELISA DAMIÃO, PORTUGUESE DEPUTY FROM SOCIALIST PARTY ...... 52 FRANSISCO XAVIER AMARAL...... 53 PAULINO GAMA ...... 54 HUMAN RIGHTS WATCH/ASIA...... 55 JOSÉ MARTINS III ...... 57 COORDINAMENTO ITALIANO DEI GRUPPI DI SOLIDARIETÀ CON IL POPOLO TIMORESE...... 58 FRETILIN ...... 59

STATEMENTS BY GOVERNMENTS ...... 60 ABDUL NASIER, INDONESIA...... 61 RUI QUARTIN SANTOS, PORTUGAL...... 62

or all other Territories that have not yet impeding the process towards complete BACKGROUND attained independence, in accordance with decolonization, their freely expressed will and desire. · examines the assistance provided to the Extract from “Decolonization -- the Task In 1961, the General Assembly estab- people of the Territories by specialized Ahead,” a book published by the U.N. in lished the Special Committee on the Situa- agencies and other organizations of the April 1991. tion with regard to the Implementation of United Nations system, and SPECIAL COMMITTEE ON the Declaration on the Granting of Inde- · examines the items on its agenda in ple- DECOLONIZATION pendence to Colonial Countries and Peoples nary meetings or assigns them to one of (Special Committee on decolonization) as the two sub-committees – the Sub- Chapter XI of the Charter (Declaration the main United Nations body concerned regarding Non-Self-Governing Territories) Committee on Small Territories and the with the progress of all people under co- Sub-Committee on Petitions, Information sets out the obligations of administering lonial rule towards self-determination and Powers for the Non-Self-Governing Territo- and Assistance. independence. The work of the Special Committee is re- ries. Those States recognize that the inter- The Committee: ests of the inhabitants of the Territories are viewed by the General Assembly at its ple- · studies information submitted under nary meetings and through its Fourth Com- paramount, and accept as a sacred trust the Article 73 e, obligation to promote to the utmost their mittee. The Fourth Committee’s recommen- · regularly examines the application of the well-being. Under Article 73e of the Charter, dations serve as a basis for Assembly deci- Declaration and makes recommendations they transmit to the Secretary-General in- sions on decolonization. to facilitate its implementation, formation on economic, social and educa- The Special Committee consists of 25 tional conditions in the Territories for which · dispatches missions to Territories to Member States: Afghanistan, Bulgaria, they are responsible. obtain first-hand information, Chile, China, Congo, Côte d’Ivoire, Cuba, To accelerate the process of decoloniza- · calls the attention of the Security Council Czechoslovakia, Ethiopia, Fiji, India, Indo- tion, the General Assembly in 1960 adopted to colonial situations it deems a threat to nesia, Iran (Islamic Republic of), Iraq, Mali, the Declaration on the Granting of Inde- international peace and security, Papua New Guinea, Sierra Leone, Sweden, pendence to Colonial Countries and Peoples · receives communications and hears indi- Syrian Arab Republic, Trinidad and Tobago, (Declaration on decolonization) which pro- viduals or representatives of organiza- Tunisia, USSR, United Republic of Tanza- claims that the subjection of people to alien tions and Governments, nia, Venezuela and Yugoslavia. subjugation, domination and exploitation · makes recommendations on dissemina- It currently follows the application of the constitutes a denial of fundamental human tion of information on decolonization Declaration to 17 Non-Self-Governing Terri- rights. It affirms that all peoples have the with a view to mobilizing public opinion tories – American Samoa, Anguilla, Ber- right to self-determination. in support of the cause, muda, the British Virgin Islands, the Cay- The Declaration calls for immediate steps · reviews foreign economic and other inter- man Islands, East Timor, the Falkland Is- to be taken to transfer all powers to peoples ests operating in Territories, and military lands (Malvinas), Gibraltar, Guam, Mont- in Trust and Non-Self-Governing Territories activities and arrangements which may be serrat, New Caledonia, Pitcairn, St. Helena, East Timor Documents, Volume 30. July 13-14, 1994. Page 3

Tokelau, the Turks and Caicos Islands, the cial Committee on the Situation with regard United States Virgin Islands and Western WORKING PAPER to the Implementation of the Declaration on Sahara – as well as the Trust Territory of PREPARED BY THE U.N. the Granting of Independence to Colonial the Pacific Islands. The Committee annually Countries and Peoples.3 Since its 38th ses- reviews the list of Territories to which the SECRETARIAT sion, the General Assembly has deferred Declaration is applicable. consideration of the item.4 The Special Committee has consistently UNITED NATIONS General Assembly 3. Since 1977, the Government of Portu- reiterated the view that factors such as terri- gal, in its capacity as administering Power of torial size, geographical location, size of DISTR. GENERAL East Timor, has annually informed the Sec- population and limited natural resources A/AC.109/1187 retary-General that owing to conditions should not prevent the peoples of the re- 7 JULY 1994 prevailing in the Territory, namely the pres- maining Territories from exercising their ORIGINAL: ENGLISH ence of armed forces of the Republic of right to self-determination, as it is ultimately Indonesia, it has been de facto prevented for those peoples themselves to determine SPECIAL COMMITTEE ON THE from transmitting any information concern- freely their future political status in accor- SITUATION WITH REGARD TO THE ing East Timor under Article 73e of the dance with the relevant provisions of the IMPLEMENTATION OF THE Charter of the United Nations.5 In a note United Nations Charter and the Declaration, DECLARATION ON THE GRANTING verbale dated 20 June 1994 from the Perma- as well as other relevant United Nations OF INDEPENDENCE TO COLONIAL nent Mission of Portugal to the United Na- resolutions. In this connection, the Commit- COUNTRIES AND PEOPLES tions addressed to the Secretary-General tee has also reaffirmed the importance of EAST TIMOR (A/49/184), Portugal drew the attention of fostering an awareness among the peoples of the Secretary-General to certain points re- those Territories of all the possibilities open WORKING PAPER PREPARED BY THE garding the situation in the Territory where, to them in the exercise of their right to self- SECRETARIAT it said, in general no improvement had been determination. CONTENTS reported in spite of pledges made by the Reiterating that it is the administering Indonesian authorities. Powers’ responsibility to create conditions Paras. in the Territories to enable their peoples to I. GENERAL 1 4. At its thirty-seventh session, by its exercise freely that right, the Committee has II. CONSIDERATION BY THE 2 - 14 resolution 37/30 of 23 November 1982, the called on those Powers, taking into account UNITED NATIONS General Assembly requested the Secretary- the peoples’ expressed wishes, to expedite A. General Assembly and other 2 - 13 General to initiate consultations with all the decolonization process. It has noted United Nations bodies parties directly concerned, with a view to exploring avenues for achieving a compre- efforts made towards training and placing B. Communications related to the 14 hensive settlement of the problem, and to citizens of the Territories in public service question positions and other sectors of society where report to the Assembly at its thirty-eighth III. POLITICAL DEVELOPMENTS 15 - 36 contributions to development could be session. The Assembly requested the Sp e- made, with a view to running an indepen- IV. HUMAN RIGHTS SITUATION 37 - 48 cial Committee to keep the situation in the dent country. V. ECONOMIC AND SOCIAL 49 - 55 Territory under active consideration and to The Committee has also reaffirmed the CONDITIONS render all assistance to the Secretary- importance it attaches to the co-operation of VI. HEALTH AND EDUCATION 56 - 57 General to facilitate implementation of the the administering Powers. In that connec- resolution. I. GENERAL tion, it has called upon those Powers to par- 5. Since 1983, the Secretary-General has ticipate or continue to participate in the 1. The Territory of East Timor comprises kept the General Assembly regularly ap- work of the Committee and to invite United the eastern part of the island of Timor, prised of developments related to the exer- Nations visiting missions to the Territories which is located at the tip of the chain of cise of his good offices.6 In his most recent under their administration. islands forming the Republic of Indonesia; progress report, submitted to the General The Special Committee held two regional the enclave of Oecusse Ambeno; the island Assembly at its forty-eighth session seminars in 1990, one in the Pacific and the of Atauro, off the northern coast of Timor; (A/48/418), the Secretary-General recalled other in the Caribbean region, in observance and the island of Jaco, off its extreme east- that with regard to the search for a compre- of the thirtieth anniversary of the Declara- ern tip. It lies between latitudes 8º17’S and hensive and internationally acceptable solu- tion. The primary objectives of the two 10º22’S and longitudes 123º25’E and tion to the question of East Timor, he had events were to provide the Special Commit- 127º19’E, According to the 1980 census, the invited the Ministers for Foreign Affairs of tee with the opportunity to discuss the total population of the Territory was Indonesia and Portugal to hold informal specific problems of the remaining depen- 555,350; in 1991, it was estimated at consultations under his auspices and with- dent Territories, most of them small island 752,000. 1 out preconditions with the object of arriving Territories, their special needs and the chal- at a mutually acceptable format for resuming lenges posed by their geographical locations II. CONSIDERATION BY THE UNITED substantive discussions on the matter. The and other specific conditions and to draw up NATIONS 2 informal talks were held in New York on 26 plans for the rapid decolonization of those September 1992 and resulted in an agree- Territories, bearing in mind the provisions A. General Assembly and other United ment to hold substantive discussions at the of the General Assembly resolution calling Nations bodies level of Foreign Ministers. Since then, he for a complete decolonization by the year 2. Between 1961 and 1982, the General had held three rounds of substantive discus- 2000. Assembly annually reviewed the question of sions with the ministers for Foreign Affairs East Timor and adopted resolutions on the of Indonesia and Portugal, in New York on basis of the reports submitted by the Sp e- 17 December 1992, in Rome on 21 April Page 4 East Timor Documents, Volume 30. July 13-14, 1994.

1993 and in New York on 17 September by a vote 13 to 10 with 2 abstentions.7 By nesia to invite the Special Rapporteur on 1993 (for information on the fourth round of that resolution, the Subcommission ex- Extrajudicial, Summary or Arbitrary Execu- talks held at Geneva on 6 May 1994, see pressed its deepest concern at reports of tions to visit East Timor; took note of Indo- paras. 18-26 below). While it yet had continuing violations of human rights in East nesia’s intention to continue to cooperate proved difficult to make progress on the Timor; noted with satisfaction the recent with other relevant thematic special rappor- core question, owing to the wide difference lifting of restrictions imposed upon the teurs and/or working groups; and welcomed in the positions of the two sides, he was activities of the International Committee of the dialogue between Indonesia and Portugal moderately encouraged by the substance and the Red Cross (ICRC); and urged the Indo- under the auspices of the Secretary-General. tone of the most recent discussions and was nesian authorities to implement fully the It encouraged the Secretary-General to con- hopeful that, with patience and the contin- decisions of the Commission on Human tinue his good offices in order to achieve a ued cooperation of the parties, it would be Rights at its forty-eighth and forty-ninth just, comprehensive and internationally possible to build on these initial steps and sessions; and to honour the provisions of acceptable settlement to the question. that the process would bear further results. the 1949 Geneva Convention relative to the B. Communications related to the ques- Protection of Civilian Persons in Time of 6. During the general debate at the forty- tion eighth session of the General Assembly, the War, regarding the prohibitions on removing 14. Communications related to the ques- representatives of Angola, Cape Verde, prisoners from their original place of resi- tion of East Timor included inter alia: Guinea-Bissau, Mozambique and Portugal dence. referred to the question of East Timor in 12. The question of East Timor was sub- · Letter dated 28 July 1993 from the their statements (A/48/PV.5, 7, 11 and 15.) sequently discussed by the Commission on Chargé d’affaires a.i. of the Permanent 7. In statements before the Third Com- Human Rights at its fiftieth session held in Mission of Portugal to the United Na- mittee, Canada, Finland, Belgium (on behalf February and March 1994. The Commission tions addressed to the Secretary-General had before it reports by its Special Rappor- transmitting the text of a letter on the Pa- of the European Union) and Sweden made 8 references to the question of East Timor. teurs on the questions Of torture and of cific Regional Seminar held by the Special extrajudicial, summary or arbitrary execu- Committee on the Situation with regard 8. In the general debate in the Fourth tions9 as well as reports by its Working to the Implementation of the Declaration Committee, several representatives made Groups on Arbitrary Detention10 and on on the Granting of Independence to Co- references to the question of East Timor Enforced or Involuntary Disappearances.11 lonial Countries and Peoples in Port Mo- under the agenda item entitled “Implementa- The Commission also had before it the re- resby, Papua New Guinea from 8 to 10 tion of the Declaration on the Granting of port on the situation in East Timor submit- June 1993, and a statement made by the Independence to Colonial Countries and ted by the Secretary-General12 pursuant to delegation of Portugal to that Seminar Peoples": Brazil, Belgium (on behalf of the resolution 1993/97 adopted at the previous (A/48/282); European Community) (A/C.4/48/SR.4); session. Chile (on behalf of the Rio Group) · Letter dated 4 August 1993 from Brazil (A/C.4/48/SR.5); and Nigeria 13. On 9 March 1994, the Commission addressed to the Secretary General (A/C.4/48/SR.6). unanimously adopted a statement by its transmitting the final document of the Chairman13 in which it noted with concern third Ibero-American Summit of Heads of 9. Under the mandate entrusted to it and continuing allegations of human rights viola- State and Government, held at Salvador, renewed annually by the General Assembly, tions in East Timor while recognizing the Brazil, on 15 and 16 July 1993 the Special Committee continued its review positive measures taken by the Government (A/48/291-S/26242); of the question of East Timor at its 1993 of Indonesia to improve the situation. The session. The Special Committee considered Commission said it was preoccupied by the · Letter dated 2 March 1994 from Angola, the question at its 1418th through 1420th incomplete information concerning the num- Brazil, Cape Verde, Guinea-Bissau, Mo- meetings, on 13 and 14 July. During those ber of people killed and the persons still zambique, Portugal and Sao Tome and meetings, the Committee heard statements unaccounted for as a result of the violent Principe, transmitting a joint commu- by the representatives of Tunisia incident which took place in Dili in 1991. niqué of the First Meeting of the Minis- (A/AC.109/PV.1418 and 1419), Portugal, as While acknowledging the efforts made by ters for Foreign Affairs and External Re- the administering Power Indonesia to account for those persons, the lations of the Portuguese-speaking Coun- (A/AC.109/PV.1419 and 1420), Sao Tome Commission called upon Indonesia to con- tries, held at Brasilia, Brazil, on 9 and 10 and Principe (on behalf also of Angola, Cape tinue its investigation of those Still missing February 1994 (A/49/87-S/1994/263). Verde, Guinea-Bissau, and Mozambique) and the circumstances surrounding the mat- · Note verbale dated 20 June 1994 from (A/AC.109/PV.1420) and Indonesia ter. The Commission further expressed the the Permanent Mission of Portugal to the (A/AC.109/PV.1420), as well as 21 peti- hope that cooperation between ICRC and United Nations addressed to the Secre- tioners (A/AC.109/PV.1418 and 1419). Indonesia would continue and called upon tary-General (A/49/184) concerning the 10. At its 1420th meeting, on 14 July, the the Indonesian authorities to ensure that information transmitted under Article 73e Special Committee decided to continue con- East Timorese in custody were treated hu- of the Charter of the United Nations and sideration of the item at its 1994 session, manely and that their rights were fully re- the situation prevailing in the Territory. subject to any directives which the General spected and to take further appropriate Assembly might give in that connection at measures aimed at the early release of those III. POLITICAL DEVELOPMENTS convicted. The Commission said it was its forty-eighth session Background (A/AC.109/PV.1420). encouraged by the greater access recently granted by Indonesia to human rights and 15. According to Indonesian Law 7/76 of 11. On 20 August 1993, the United Na- humanitarian organizations as well as to 17 July 1976, East Timor is a province or a tions Subcommission for the Prevention of international media and called upon Indone- “first-level region” of Indonesia with a Gov- Discrimination and Protection of Minorities sia to continue this policy of expanding ernment consisting of a “Regional Secre- adopted resolution 1993/12 on East Timor access; welcomed the undertaking by Indo- tariat” and a “Regional House of Represen- East Timor Documents, Volume 30. July 13-14, 1994. Page 5 tatives.” East Timor is represented in the the question.14 The statement stressed the 21. A fifth meeting between the Secretary- National House of Representatives and in following points: General and the Foreign Ministers was the People’s Consultative Assembly of (a) The Secretary-General welcomed the scheduled for January 1995. Indonesia. positive atmosphere in which the talks Other developments 16. By its resolution 32/34 of 28 Novem- were held as well as the restraint dis- 22. The arrest, trial and sentencing of Mr. ber 1977, the General Assembly rejected the played by both sides at international José Alexandre “Xanana” Gusmão, leader of claim that East Timor had been integrated forums, which had made possible the the National Council of the Maubere Resis- into Indonesia, inasmuch as the people of adoption by consensus of the Chair- tance and long the symbol of resistance to the Territory had not been able to exercise man’s statement at the fiftieth session Indonesian rule, were reported in the previ- freely their right to self-determination and of the Human Rights Commission; ous paper prepared by the Special Commit- independence. (b) The meeting took note of the Indone- sian Government’s intention to con- tee (see A/AC.1154, sect. IV). It will be 17. The current “Governor,” Mr. Abilio tinue its investigation to account fully recalled that Mr. Gusmão was captured on José Osório Soares, was elected by the East for the persons dead or missing as a re- 20 November 1992 by Indonesian soldiers Timor “House of Representatives” in 1992. sult of the violent incident in Dili on 12 on the outskirts of Dili, moved to Bali for “Governor” Soares is reported to be a December 1991; interrogation and put on trial on 1 February staunch supporter of Indonesia’s take-over (c) The Secretary-General was encouraged 1993 at Dili. He was charged with (a) seek- of the Territory. by the increased access to East Timor ing to separate a part of the national Terri- 18. In an interview with The Jakarta Post by the United Nations and by human tory from the authority of the State; (b) (10 July 1993), “Governor” Soares said that rights and humanitarian organizations leading an armed rebellion against the Indo- after 17 years the people of East Timor had and journalists as well as by the ex- nesian State; (c) conspiring to commit the not fully grasped the essence of integration. change of visits to East Timor and Por- crimes referred to above; and (d) unauthor- “If we had fully embodied the aims and tugal by East Timorese living abroad ized possession of firearms which carries a objectives of integration, I don’t think we and in East Timor, respectively. The maximum penalty of death. On 21 May would have had the problems and upheavals Minister for Foreign Affairs agreed that 1993, having been found guilty on all that we have experienced over the last 17 such access and visits should be con- counts, Mr. Gusmão was sentenced to life years,” he said. The “Governor” added that tinued and further expanded; imprisonment. he did not see any problems in the relations (d) The Ministers for Foreign Affairs con- 23. On 14 August 1993, Indonesian Presi- between the Roman Catholic Church, the curred on the need to ensure humane dent Soeharto reduced Mr. Gusmão’s sen- provincial Government and the military, the treatment of and full respect for the tence from life to 20 years and also reduced three forces that counted the most in East rights of East Timorese in custody as the sentences of several other East Timorese Timor. well as on the need to ensure that fur- who had been convicted of participating in ther appropriate measures were taken 15 Fourth Round of Talks the events in Dili in 1991. President Soe- for their early release; harto’s decision was said to be “based on 19. In January 1994, Mr. Francesc Ven- (e) The invitation of the Indonesian Gov- the consideration that Xanana has acknowl- drell, a representative of the Secretary- ernment to the Special Rapporteur on edged his mistakes and has accepted East General, visited Portugal, Indonesia, East Extrajudicial, Summary or Arbitrary Timor’s integration into Indonesia” and had Timor and Australia to help prepare the Executions of the Commission on Hu- asked for clemency. forthcoming meeting between the Foreign man Rights to visit East Timor in June Ministers of Indonesia and Portugal and the 1994 was welcomed. It was deemed 24. It was reported in January 1994 that in Secretary-General scheduled for May. Ac- important that the Government of In- a letter to the International Commission of cording to a Reuters report of 18 January, donesia continue to cooperate with Jurists which was smuggled out of jail, Mr. Mr. Vendrell met with Portuguese officials, other relevant thematic special rappor- Gusmão repudiated President Soeharto’s Timorese exiles in Portugal, the Minister for teurs and/or working groups of the assertion that he had asked for clemency and Foreign Affairs of Indonesia, Mr. Ali Commission and that they be invited to appealed for a campaign for the annulment of his trial and the appointment of a Portu- Alatas, and State Secretary Moerdino. He visit East Timor whenever necessary 16 also met with Mr. José Alexandre “Xanana” for the fulfillment of their duties; guese lawyer to act on his behalf. Mr. Gusmão, leader of the National Council of (f) The Secretary-General believed that the Gusmão said that his Indonesian-appointed the Maubere Resistance who is in jail in dialogue among East Timorese should lawyer had colluded against him with Indo- Indonesia and Mr. José Ramos-Horta, joint be encouraged and noted that he would nesian authorities. chairman of the National Council of explore ways of facilitating an all- 25. The Department of State of the United Maubere Resistance in Australia. inclusive intra-Timorese dialogue. The States, in its annual report on human rights, 20. On 6 May 1994, at Geneva, the Secre- Ministers for Foreign Affairs of Portu- stated that, while the conduct of Xanana’s tary-General held a fourth round of talks gal and Indonesia indicated their readi- trial appeared to violate several provisions with the Ministers for Foreign Affairs of ness to meet with both supporters and of the Criminal Procedures Code and while Portugal and Indonesia in the context of the opponents of integration with Indone- he may not have freely chosen his defence ongoing efforts under his auspices to seek a sia, respectively; attorney, he had none the less been repre- just, comprehensive and internationally (g) The Ministers requested the Secretary- sented by an able group of lawyers who General to identify a series of issues to conducted a vigorous defence on his be- acceptable settlement to the question of 17 East Timor. A statement issued by the Sec- be considered in advance of the next half. retary-General’s spokesperson said the round of talks, including possible ave- 26. In October 1993, the then Military discussions focused on confidence-building nues towards achieving a just, compre- Commander of the Eastern Command which measures aimed at fostering an atmosphere hensive and internationally acceptable includes East Timor, Major-General Theo propitious to addressing the substance of solution. Syafei, announced that because of the im- Page 6 East Timor Documents, Volume 30. July 13-14, 1994. proved security situation, two combat bat- April. Reporting in The Guardian, of 16 detention and ill-treatment of real and al- talions would be withdrawn from East April 1994, one journalist wrote that the leged political opponents of Indonesian Timor the following month.18 He is reported “ruthless control apparatus built up by rule.” Amnesty reported that one of 12 to have acknowledged that the move was in Indonesia since ... (1975)” was still operat- detainees had been released. response to foreign criticism that Indone- ing and that there was “a climate of terror, 34. On 13 June, it was reported that six sia’s heavy military presence had led to of threats, of war.” He said that when inter- 19 prisoners who had voiced protests to for- widespread human rights violations. viewed, the local military commander eign journalists in April (see para. 39 above) 27. In November 1993, Indonesian military evaded answering directly when the military had been moved from Dili to a prison in officials stated that only one combat battal- presence might be terminated, replying only East Java. The six are serving sentences ion of about 650 men and seven battalions that the situation was not stable. The com- varying from five years to life for their non- engaged in development projects remained in mander was quoted as saying that although violent participation in the march to the East Timor, or a total of about 5,000 FRETILIN hardly posed a military threat Santa Cruz cemetery in Dili in 1991. 20 and clashes between Indonesian troops and troops. The United States country report 35. on 24 June 1994, it was reported that on human rights for 199321 said that, al- the guerrillas were reduced to about one a month, the Fretilin members who remained Indonesia had sentenced three East though the Indonesian armed forces had Timorese students to 20 months in jail each made several public pledges in 1993 to re- active in the Territory were the hard-core nucleus of the movement. The correspon- for staging a demonstration, and in particu- duce by stages the number of troops in East lar, for expressing anti-Indonesian senti- Timor, by early December the status of this dent for The Times (London), in an article dated 16 April 1994 stated that there was a ments in front of visiting foreign journalists pullout was not clear. The report further on 14 April. noted that in April 1993, the Sp ecial Opera- pervasive security apparatus with Indone- tional Military Command for East Timor sian soldiers barracks on almost every street 36. In May 1994, the Government of the had been disbanded and replaced with a and spies and informers everywhere. There Philippines decided to deny visas to or command structure similar to that in the 26 was little, he said, that could prepare one for withdraw visas from non-Filipinos invited provinces of Indonesia. The composition of the barely concealed hysteria of life in East to participate in a conference on East Timor troops had been reportedly changed to em- Timor which had the feel of a vast prison. that was originally to have been attended by phasize civic action over combat missions, The article quoted Florentino Sarmento, academics and representatives of non- although civic action troops also carried Director of the East Timor Association for governmental groups from 15 countries, weapons and conducted patrols. The report Development and Progress who is also a including Danielle Mitterand, wife of the characterized these changes as largely cos- member of Golkar, the Indonesian ruling President of France, and Mairead Maguire metic and said that most sources in East party, as saying that the situation was of Ireland,26 who had received the Nobel Timor continued to report an oppressive worse than it had been under (Portuguese) Peace Prize. Ms. Maguire was expelled from military presence. colonialism ... “now we are considered a the country. The Government said that mere province of Indonesia and government under the freedom of speech provisions of 28. In February 1994, it was announced rule has been reduced to military occupa- the Philippine Constitution it could not that Major-General Syafei had been replaced tion.” prevent the conference from being held as as military commander of the Eastern Com- Indonesia had requested.27 mand by Major-General Adang Ruchiatna 32. The Guardian reported that five stu- Puradiredja.22 dents demonstrated briefly in front of the hotel where the journalists were staying, IV. HUMAN RIGHTS SITUATION 29. Also in February 1994, foreign journal- shouting “Long live East Timor” and waving 37. A member of the United Nations ists were allowed to visit East Timor for the banners with slogans supporting Xanana Commission on Human Rights since 1991, first time in nine months. According to until police appeared. The Guardian said the Indonesia has repeatedly affirmed its com- Reuters, the group, consisting of nine Ja- demonstration was a rare show of defiance mitment to international human rights prin- karta-based correspondents, was accompa- as the Indonesian armed forces habitually ciples. nied by an official from the Indonesian For- applied stringent controls to pre-empt any eign Ministry and observed by local plain- display of opposition. Another student 38. In May 1994, at the meeting at Geneva clothes security officials. Speaking to the demonstration was held in front of a church with the Secretary-General and Portugal, the group on 19 February, military command- the following day and protests were also Minister for Foreign Affairs of Indonesia ers, including General Adang, said that the voiced by prisoners in the Dili jail which the presented an aide-mémoire to the Secretary- war in East Timor was no longer between journalists visited with their escort. General which stated that since the capture Indonesia and the Frente Revolucionária de and trial of Xanana, there had been an over- Timor Leste Independente (FRETILIN), 33. On 23 May 1994, Indonesia announced all improvement in security in East Timor which numbered less than 200 men, but that six East Timorese had been detained for and consequently in the human rights situa- questioning in connection with the demon- tion as manifested by greater freedom of against poverty and lingering resentment of 24 Jakarta’s rule. The military presence was strations. East Timorese sources were movement of people to and from the “prov- necessary to assist the Government’s devel- reported to have said that a total of 12 per- ince,” greater personal safety and more tol- opment programme.23 sons had been detained in East Timor and erance for dissent. Indonesia, but did not identify them or 30. Reuters, in reporting the remarks of the specify the charges. It was not clear whether 39. As an example of its more liberal poli- military, added that local residents had said the 12 included four East Timorese who cies, Indonesia said it had granted permis- that Indonesian officials were hostile to the were allegedly detained in Jakarta on 30 sion to 59 East Timorese to leave for Portu- Timorese population and that harassment, April in connection with the killing of a gal within an “expanded family reunion” detention and torture remained part of eve- commander of the presidential guard. In a programme and allowed seven young men ryday life. statement on 24 May,25 Amnesty Interna- who had tried earlier to seek asylum at for- tional said that “the arrests ... are consistent eign embassies in Jakarta, to leave for Portu- 31. A second group of 25 journalists was gal on 29 December 1993. Also, requests allowed to visit East Timor under escort in with a long-standing pattern of short-term East Timor Documents, Volume 30. July 13-14, 1994. Page 7 from a number of East Timorese currently Fiction of 16 February 1994, reviewing visit East Timor in the past two years, but residing in Portugal and Angola to return to Indonesia’s implementation of resolution such visits continued to be tightly con- Indonesia to live had been approved. 1993/97 of 11 March 1993 of the Commis- trolled: ordinary Timorese who spoke to 40. on the question of persons unac- sion on Human Rights, said that the Gov- foreign delegates were likely to be detained counted for after the incident of 12 Novem- ernment had taken a number of initiatives in for questioning. Amnesty International con- ber 1991, Indonesia was continuing to support of human rights since late 1991 but sidered that the Government had also taken search for the missing persons albeit with that they seemed to be principally aimed at a more positive attitude towards the work limited success. As at 17 September 1993, improving Indonesia’s image internationally of United Nations officials and bodies con- only 57 persons were unaccounted for. Sub- rather than at squarely addressing the root cerned with East Timor. sequently, another person listed as missing causes of the problem. 48. According to the 1993 annual report on reported to the authorities in East Timor, 45. Amnesty International noted that since human rights of the United States Depart- reducing the number unaccounted for to 56. the Santa Cruz incident, at least 400 ment of State,28 in areas where there were 41. The aide-mémoire to the Secretary- Timorese had been detained without charges active guerrilla movements such as East General stated that a more conducive at- for periods ranging from a few days to sev- Timor, people were still routinely detained mosphere for the promotion and protection eral months and that many had been denied for short periods without warrants charges of human rights throughout Indonesia had access to their relatives, lawyers and ICRC. or court proceedings and that bail was rarely resulted from the establishment of the Na- Some had also been required to undergo granted, especially in political cases. Also, tional Commission on Human Rights on 7 “political guidance” while in military cus- authorities frequently interfered with access June 1993; all 25 members of the Commis- tody and to swear oaths of allegiance to the to defence counsel. After their release, peo- sion had been appointed, one of whom was Indonesian Government as a condition of ple were required to report daily or weekly Timorese. their release. In addition to those held with- to the police and there were credible reports out charge, some 20 East Timorese were of scores of people being detained without 42. As regards access to East Timor by the serving sentences of up to life imprisonment charges at various times during the year for United Nations and humanitarian and human for subversion and other political crimes, enforced “civics training” in areas outside rights organizations, the aide-mémoire noted including three men who had been in deten- the capital. This particularly occurred during that misunderstandings and miscommunica- tion since 1984. the visits of prominent guests, such as tions with ICRC had been sorted out in Amos Wako, the Personal Envoy of the September 1993, allowing protection visits 46. As regards the treatment of Xanana in prison, Amnesty International said that in Secretary-General and the visits during Au- to prisoners, including Xanana, to proceed gust and September of two United States smoothly; Xanana had been seen most re- early January 1994, Indonesia had tempo- rarily suspended ICRC and family visits to Congressional staff delegations. Two former cently on 2 April 1994. Under the ICRC leaders of the armed East Timorese resis- protection programme, it was also noted, him after it was discovered that he had writ- ten letters to the International commission tance, José “Mauhudu” da Costa and Anto- ICRC could visit East Timorese prisoners nio Gomes “Mauhunu” da Costa, remained wherever they were held, whether in East of Jurists and to the Government of Portu- gal. Following protests from Indonesian under tight military control in 1993 although Timor, Kupang or Jakarta. The aide- no charges had been formally filed against mémoire further noted that the two repre- human rights organizations, the ban on visits was lifted on 9 February 1994. However, either. Mauhudu was arrested in January sentatives of the Secretary-General who had 1992 and Mauhunu in April 1993. They visited East Timor from 19 to 23 January Xanana was still prevented from meeting Indonesian legal aid lawyers. were in East Timor during the period Au- 1994 had been allowed complete freedom of gust through September making speeches on movement. In addition to the foregoing, the 47. Amnesty International acknowledged the merits of integration with Indonesia. Special Rapporteur on Ext rajudicial, Sum- that over the past two years there had been Despite public announcements that they mary or Arbitrary Executions was expected progress with respect to improving access had been granted an “amnesty,” and were to visit East Timor in June 1994. to East Timor by human rights and humani- therefore “free,” they were required to 43. With respect to the agreement of 17 tarian organizations: East Timor was now spend each night at the homes of military September 1993 to continue to promote a more open to outsiders than at any other officers. balanced exchange of visits of journalists and time since 1975. Nevertheless, in the past personalities from Indonesia and Portugal, year, military authorities had continued to V. ECONOMIC AND SOCIAL the aide-mémoire to the Secretary-General impose unacceptable conditions on the work CONDITIONS reported that visits to East Timor had been of ICRC, closely to monitor visits by for- eign delegations and journalists and to re- 49. In the absence of information submit- made by (a) the chairman of a newly- ted by the administering Power under Arti- established Portugal-Indonesia Friendship strict access by international human rights organizations. Just as importantly, the Gov- cle 73e of the Charter for reasons explained Association (4-21 January 1994); (b) Dr. in paragraph 3 above, the material in the Manuel Tilman, an East Timorese lawyer ernment and in particular the military - had continued to restrict the activities of domes- present section has been derived from other from Macao who was also a member of the sources. “International Platform of Jurists for East tic human rights activists and journalists. In Timor"; (c) a group of nine correspon- June 1993, ICRC had suspended visits to 50. According to a statement by the “Gov- dents/foreign media representatives (15-18 political prisoners in East Timor for the ernor” of East Timor to a plenary session of February 1994) (see para. 36 above); and (d) third time in six months because of unac- the East Timor provincial legislative council 25 foreign journalists representing 16 print ceptable restrictions imposed by the mili- in January 1994, the economy had grown and electronic media organizations in various tary. Since then, however, the organization more than 10 per cent since 1989, surpass- countries (12-15 April 1994) (see para. 38 had been able to work without undue inter- ing Indonesia’s national average rate of above). ference. It was another positive sign that a growth. Progress had been made notably in number of government and parliamentary agriculture, industry, trade and service.29 44. Amnesty International, in a report delegations had been granted permission to entitled Indonesia and East Timor: Fact and Page 8 East Timor Documents, Volume 30. July 13-14, 1994.

51. Official agricultural statistics indicate 101 intermediate schools with 22,122 stu- 21. United States, op. cit. p. 639. that food crop production has expanded dents, and 34 high schools with 11,447 stu- 22. Reuters, 9 February 1994. considerably with an output of 292,392 dents. Vocational training at the high school 23. Ibid., 19 February 1994. tons and a harvest area of 127,701 hectares level is also available. In 1992/93, 3,376 24. Ibid., 23 May 1994. as compared to 157,460 tons with a harvest students were studying economics; 964, 25. Ibid., 24 May 1994. area of 86,012 hectares in 1989. Food crops technology; 342, family welfare; and 268, 26. Le Monde, 2 June 1994 38 include rice, corn, ground nuts, soybeans, agricultural technology. 27. Ibid. cassava and vegetables.30 NOTES 28. United States, op. cit., p. 641. 52. Indonesia is continuing to carry out 1. World Population Prospects, 1990 29. Antara News Agency, 17 January 1994. various development plans, particularly the (United Nations publication 30. Ibid., 30 November 1993. construction of roads, bridges and schools. ST/ESA/SER.A/120, Sales No. 31. Ibid., 2 March 1994. In March 1994, the “Governor” said that E.91.XIII.4), p. 140. 32. Ibid., 29 December 1993. the Government of Indonesia had spent over 2. For details, see corresponding sections of 33. The Jakarta Post, 17 July 1993. 2 trillion rupiahs on development in East the previous working papers contained in 34. Reuters, 19 February 1994. Timor (since 1975).31 In 1994, it intended to documents A/AC.109/L.1328, 35. Antara, 7 January 1994. allocate 624 million rupiahs for the first A/AC.109/623, 663, 715, 747, 783, 836, 36. Ibid., 9 March 1994. phase of a three-year project to improve 871, 919, 961, 1001, 1115, and 1154. 312 underdeveloped villages which would 37. Ibid., 17 January 1994. 3. See General Assembly resolutions 1699 38. Data on education in East Timor provided cost 18.7 billion rupiahs over the three-year (XVI), 1807 (XVII), 1913 (XVIII), 2107 period.32 Nevertheless, East Timor was still by the Regional Office of the Department (XX), 2184 (XXI), 2395 (XXIII), 2507 of Education and Culture in East Timor. the “poorest of Indonesia’s 27 provinces.” (XXIV), 2707 (XXV), 2795 (XXVI), 2918 About 82 per cent of the population live in 33 (XXVII), 3113 (XXVIII), 3294 (XXIX), poverty and about 70 per cent of the 3485 (XXX) and 31/53, relating to the population under 30 years of age is unem- U.N. PRESS RELEASES 34 question of Territories under Portuguese ployed. administration, including East Timor; see 53. In 1993, 10 Indonesian companies also Assembly resolutions 32/34, 33/39, SPECIAL COMMITTEE ON 34/40, 35/27, 36/50 and 37/30 on the undertook to invest a total of DECOLONIZATION 232,642,527,000 rupiahs in East Timor, but question of East Timor. by the end of the year only two of them had 4. General Assembly decisions 38/402, GA/COL/2927 started operating. The 10 investors would 39/402, 40/402 and 43/402; see also 13 July 1994 employ a total of 24,263 people when their A/41/PV.3, A/44/PV.3, A/45/PV.3, deci- 1435th Meeting (AM) 35 enterprises are fully operational. sion 46/402, A/47/PV.3 and A/48/130. PETITIONERS TELL SPECIAL 54. The State-owned electricity company 5. See A/35/233, A/36/160, A/37/113, COMMITTEE ON DECOLONIZATION intends to install electricity in at least 20 A/38/125, A/39/136, A/40/159, A/41/190, OF HUMAN RIGHTS ABUSES IN EAST more villages in East Timor during 1994-95. A/42/171, A/43/219, A/44/262, A/45/172, TIMOR BY INDONESIAN Currently about 25 per cent of the 442 vil- A/46/131, A/47/189, A/48/130 and GOVERNMENT 36 A/49/184. Owing to lack of information lages in East Timor have electric power. Human rights abuses by Indonesian mili- from the administering Power, the infor- tary and police units, the suppression of 55. There are 3,767 kilometres of roads in mation contained in the present paper has free expression and limited access by inter- East Timor of which 1,716 kilometres are been derived from other sources. asphalted.37 national human rights organizations were 6. A/38/352, A/39/361, A/40/622, A/41/602, evidence of continuing repression in East A/42/539, A/43/588, A/44/529, A/45/507 VI. HEALTH AND EDUCATION Timor, the Special Committee on decoloni- and A/46/456. zation was told this morning as it began 56. As previously reported, according to 7. E/CN.4/1994/2, E/CN.4/Sub.2/1993/45, consideration of the question of East Timor. the Indonesian Government, since 1975 the chap. II. The United Nations shared responsibility number of hospitals in East Timor increased 8. E/CN.4/1994/31, paras. 317-343. for the human rights problem there, a repre- from 2 to 10 and the number of doctors 9. E/CN.4/1994/7, paras. 343-356. sentative of Amnesty International told the from 3 to 104 (see A/AC.109/1154, para. 7). 10. E/CN.4/1994/27, Annex II, decision no. Special Committee. A March statement by There were approximately 2,000 health care 36/1993. the Commission on Human Rights had en- professionals in East Timor working in more 11. E/CN.4/1994/26, paras. 260, 261 and 269. couraged the preservation of the status quo than 200 facilities. Sanitation programmes to 12. E/CN.4/1994/61. in East Timor by making no mention of improve health conditions were also being 13. E/CN.4/1994/SR.64. torture and ill-treatment of political detain- undertaken. Hundreds of small reservoirs to 14. SG/SM 5283, 6 May 1994. ees. collect rain water were dug and the drilling 15. The New York Times, 15 August 1993. A petitioner from the British Coalition of wells was being undertaken in order to 16. Reuters, 9 January 1994; The Guardian for East Timor, said that the provision of provide potable drinking water for the $5.2 billion in assistance to Indonesia for population. Also, child, mother and family (Manchester), 11 January 1994. 17. United States Department of State, Coun- next year demonstrated that Western na- welfare improvement programmes were tions would do nothing to pressure Jakarta being started in cooperation with UNICEF. try Reports on Human Rights Practice for 1993, Washington, D.C., February 1994, to change its ways. A petitioner from the 57. Schooling is available from kindergarten p. 643. International Platform of Jurists for East Timor said that intensified repression was through high school. In 1992/93, there were 18. Reuters, 6 October 1993. evidence that Timorese youth were willing 37 kindergartens with 2,066 students, 612 19. The Jakarta Post, 6 October 1993. elementary schools with 101,935 students, 20. Reuters, 5 November 1993. East Timor Documents, Volume 30. July 13-14, 1994. Page 9 to fight for freedom, refusing to be Indone- human rights violations. At last year’s Nations shared responsibility for the long- sian. World Conference on Human Rights in Vi- standing human rights problem there. Since Human rights activist “Xanana” Gusmão enna, Indonesia had reached the heights of the last meeting of the Special Committee, was serving a 20-year prison sentence, but hypocrisy by calling “sacred” the right to the international community appeared to his trial had not complied with international maintain physical integrity, the right to free have turned its back on systematic viola- standards nor with Indonesian law, a peti- expression and the right to life. The tions of human rights in East Timor. Some tioner from the Parliamentarians for East Timorese Democratic Union was the tradi- had accepted the Indonesian Government’s Timor said. A petitioner from the East tional nationalist party of East Timor which promises of “openness,” but in recent Timor Alert Network of Canada, said many had never collaborated with Indonesia. The weeks three of Indonesia’s leading news East Timorese women had been forcibly force of Timorese nationalist parties had magazines had been banned and arbitrary injected with contraceptives or sterilized in been insufficient to curtail the barbarity of detention and ill treatment had been used to order to minimize the birth rate of the Terri- the armed forces of Indonesia, but they suppress those who had spoken out against tory. hoped that one day President Soeharto the Government. A representative of Indonesia said that would learn the lessons of history. Many Governments continued to supply consideration of East Timor by the Special ALYN WARE, from the Hobart East military equipment to Indonesia, she said. Committee was unwarranted because the Timor Committee, said there were many That “business as usual” approach sent a Territory was a province of Indonesia with excuses which Indonesia had used to explain clear signal that human rights took second rights and obligations equal to those of other why it had invaded East Timor. The first place to economic interests. The lack of provinces. was that it believed the Territory was “go- concerted international pressure had con- Also speaking this morning were peti- ing communist.” However, “that 680,000 tributed to the perpetuation of torture and tioners from the Timorese Democratic Un- people in East Timor would go communist ill treatment. The consensus statement read ion, East Timor Action Network of the would have little impact compared with the by the Chairman of the Commission on United States, Free East Timor Japan Coali- millions of communists who already existed Human Rights in March of this year had tion, Pax Christi International, Agir pour in Indonesia.” Other speculations were that actually praised Indonesia for unspecified Timor, Hobart East Timor Coalition, and Indonesia was worried that East Timor was “positive measures.” That statement seemed the Asia-Pacific Conference on East going independent and that was why it had to have encouraged the preservation of the Timor/Philippine Solidarity for East Timor been invaded. An independent East Timor, status quo. That statement had made no and Indonesia. eligible for a wide range of United Nations mention of the torture and ill-treatment of The Special Committee will meet again at and bilateral aid packages, was seen by Ja- political detainees and had failed to mention 3 p.m. this afternoon to continue its discus- karta as a threat because it could exacerbate the recommendations made by the Commis- sion of East Timor. existing discontent in the South Moluccas sion’s Special Rapporteur on torture follow- Committee Work Programme and nearby islands. ing his visit to East Timor and Indonesia in He said that East Timor had remained a 1991. The failure of the Commission to The Special Committee on decolonization “training ground,” a way for the Indonesian specifically refer to torture helped ensure met this morning to hear petitions on East military to augment their pay through a that nothing would change. Timor and ... variety of corrupt practices. Soeharto and With respect to extrajudicial executions The report of the Subcommittee on the his generals had seen it as a means to restore and disappearances, the Commission’s question of East Timor (document some prestige to Indonesia’s military. The statement obscured the inadequacy of Indo- A/AC.109/L.1815) summarizes considera- Indonesian Army had taken over Timorese nesia’s response to the “Santa Cruz Massa- tion of the question by the General Assem- land, possessions and resources. The cre,” she said. The Government had pro- bly; political developments, along with the Timorese languages had been banned and vided clarification on the fate of only a small human rights situation; and the economic their culture had being undermined. Fur- fraction of the estimated 270 dead and 200 and social condition, as well as information thermore, Timorese families and communi- missing and had published false information. on health and education. It cites the fourth ties had been broken up and dispossessed. The Human Rights Commission had given a round of talks, held in May this year in He said those were many powerful legal and misleading impression that Indonesia had Geneva, in which the Secretary-General met moral reasons why the United Nations undertaken a “policy of expanding access” with the Ministers for Foreign Affairs of should be willing to be as active in East to East Timor. International human rights Portugal and Indonesia. That discussion Timor as it had been in Cambodia, Bosnia and humanitarian organizations were kept focused on confidence-building measures and elsewhere. The “Dili massacre” in 1991, under close surveillance, making their work aimed at fostering an atmosphere propitious had reminded the world that that tragedy difficult and potentially dangerous to to addressing the substance of the question. had come 16 years after the Security Coun- Timorese that they contacted. The report also contains information on a cil had specifically requested “Indonesia to SHARON SCHARFE, from the East February 1994 report by Amnesty Interna- withdraw, without further delay, all its Timor Alert Network of Canada, said the tional which states that the Government of forces from the territory.” Canadian Government had cancelled two aid Indonesia had taken a number of initiatives ABDUL NASIER (Indonesia) said that projects totalling millions of dollars due to in support of human rights since late 1991 East Timor was a province of Indonesia Canadian citizens’ concerns after the 1991 but that they seemed to be principally with rights and obligations equal to those of Dili massacre and the events following it. aimed at improving Indonesia’s international other provinces. The consideration of East She said the human rights of East image rather than addressing the root causes Timor by the Special Committee was un- Timor’s women had been violated numerous of the problem. warranted. times. There had been many documented Discussion on East Timor CONSUELO VILLANUEVA, of Am- cases of women who had been forced to FRANCISCO NICOLAU, of the nesty International, said that Indonesia had become local “wives” for the Indonesian Timorese Democratic Union, said that on been directly responsible for systematic military posted in East Timor. Children had the eastern part of Timor island, the Gov- human rights violations in East Timor for 20 been conceived through those imposed hus- ernment of Indonesia permitted all forms of years. The Member States of the United bands. Women were also being injected with Page 10 East Timor Documents, Volume 30. July 13-14, 1994. contraceptives without their knowledge. court file on the case. Parliamentarians for impact in the Portuguese community in Women in East Timor had been forcibly East Timor believed that Gusmão had not France, the largest one in the world outside sterilized as well. That was being done to received a fair trial and that he should be Portugal. Also, a campaign called “Four keep the birth rate in East Timor to a mini- released and allowed to choose a sanctuary. Months for East Timor” had been launched mum. Women had also been indirectly af- THOMAS S. MAHEDY, of Pax Christi by 12 French non-governmental organiza- fected by Indonesia’s illegal occupation International, said that an intervention by tions in March this year. The campaign’s through the killing, torture and disappear- his organization to the fiftieth meeting of the main purpose had been to call attention to ance of husbands, children, parents and Commission on Human Rights on 18 Febru- the issue at the Conference of the Consulta- friends. ary this year, had reported that survivors of tive Group on Indonesia which took place in KAN AKATANI, from the Free East the 12 November 1991 Dili massacre had Paris last week. Each non-governmental Timor Japan Coalition and the Japanese been killed after being taken to Wira Husada organization that participated in the cam- Catholic Council for Justice and Peace, said Military Hospital. Several initiatives could paign had published an article on East Timor the “Indonesation” of East Timor was mov- be undertaken to deal with self- in their bulletins. Also, a campaign bulletin ing at a very fast pace. He hoped forced determination issues in East Timor, includ- had been published. Furthermore, the cam- birth control and family planning would ing the honouring of commitments made to paign had addressed its concerns to the In- cease in that Territory. He called for human the Commission on Human Rights and pro- donesian Embassy, the French Ministry of rights organizations and pro-democracy viding access to its Special Rapporteurs, Foreign Affairs and had also reached the movements to be allowed to operate freely working groups and United Nations special- French Parliament. in East Timor. ized agencies. Freer access to East Timor by He said that the campaign’s efforts He called for the decolonization and lib- international human rights groups should would be futile unless Governments world- eration of East Timor from Indonesia. Public also be allowed. Any serious proposals for wide exerted pressure on the Indonesian opinion could play an important role in the dialogue must include the people of East Government. The French Government, for East Timor issue. For example, showing Timor, he said. example, did not recognize the Indonesian documentaries worldwide on the East Timor CHARLES SCHEINER, East Timor Ac- annexation of East Timor and believed the situation could serve such a purpose. tion Network of the United States, said that Indonesian presence there to be exploitative Mr. Akatani said that after the Dili mas- the East Timorese people should play a role and abusive. However, the French Govern- sacre, Indonesian soldiers had knowingly in any negotiation between Indonesia and ment had failed to exert pressure on the administered pills to the wounded Timorese, Portugal. The Jakarta Government was feel- Indonesian Government because of eco- which instead of helping them had actually ing international pressure, but it was sup- nomic interests. France was one of the most killed them. The doctors had been accom- pressing discussion and hiding unpleasant important arms supplier to Indonesia and plices to those murders. Two and a half realities. The recent Asia-Pacific Conference had invested heavily there. Unless Govern- years after that incident no investigation had on East Timor in Manila had become a ments around the world exerted pressure on been conducted in those hospitals. Such world class news event because of the the Indonesian Government, the situation in incidents portrayed how the colonial Power clumsy attempts of “the generals” in Jakarta East Timor would not improve, he empha- could do whatever it pleased in East Timor, and Manila to prevent it. sized. without fear of the international community. Many in the United States Administra- RICHARD KOCH, of British Coalition INGELA MARTENSSON, of Parlia- tion and Congress supported the status quo for East Timor, said that it was sad that on mentarians for East Timor, said that the in Indonesia because of American corporate 8 July donor nations had decided to increase East Timorese people were living as if they interests in trade, mining and weapons sales. aid to Indonesia for next year to a record were in prison. Approximately 10,000 In- But since 1992, the Congress has prohibited $5.2 billion. That demonstrated that West- donesian soldiers and 3,000 police were all United States military aid to Indonesia. ern nations expressed hope that Indonesia’s stationed in the Territory. Military and Last July the State Department refused to human rights record would improve, while police forces were part of an enormous op- allow the resale of four American-made F- doing nothing that might actually pressure pression apparatus. The Government of 5E fighter planes from Jordan to Indonesia. Jakarta to change its ways. Indonesia had built new roads and 5,000 Over 150 members of Congress had written The British Foreign and Commonwealth houses in some 40 new villages, but those to President Clinton urging action in sup- Office had dedicated its energies to defend- settlements reminded her of the so-called port of East Timor, and last fall the Senate ing its policies on arms sales to Indonesia, “strategic villages” in Iraq. The majority of Foreign Relations Committee had unani- including the sale of Hawk jet fighters worth the inhabitants of those villages would like mously approved an amendment linking 500 million pounds sterling. The British to return to their own villages. arms sales to Indonesia to human rights Government had defended those sales by “Xanana” Gusmão, the human rights ac- concerns over East Timor. The bill never invoking Article 51 of the Charter which tivist, was serving a 20 year prison sen- reached the full Senate, but it was the first guarantees United Nations Member States tence. That individual was a symbol of East attempt to link arms sales to human rights in the right to self-defence while denying that Timorese resistance because he had rejected Indonesia. Other legislation approved by right to the Government of Bosnia and Her- Indonesia’s claim that they had integrated congressional committees would challenge zegovina. The British Government was the territory into Indonesia. He had been United States support for multilateral loans effectively saying that the Indonesian armed sentenced in a trial which had not complied and non-humanitarian aid for countries with forces had the British seal of approval. with international standards nor with Indo- excessive military involvement in their Britain’s tolerance of Indonesia’s East nesian law. No lawyer had been present economies or which falsely report military Timor policy dated to the 1975 invasion, he during his interrogation. A defence lawyer, spending. Indonesia had been the principal said. At that time the British Ambassador with close contacts to the Indonesian mili- illustration of those problems. had suggested that it was “in Britain’s inter- tary, had later been named to his case, but it JOSÉ MARIA ALBUQUERQUE, Agir est that Indonesia should absorb the terri- was not clear that he represented Gusmão’s pour Timor, said his organization’s main tory as soon and as unobtrusively as possi- best interests. International human rights task had been to expose the situation in East ble.” observers had been denied access to the Timor in France. The issue had a special East Timor Documents, Volume 30. July 13-14, 1994. Page 11

PEDRO PINTO LEITE, International Indonesian efforts to decrease the Timorese The Indonesian Government had not se- Platform of Jurists for East Timor, said that population growth should be investigated. riously investigated allegations of human the colonialist regime of Jakarta was aware rights abuses or moved towards compliance of its defeat and had intensified repression DECOLONIZATION MEETING with the 1993 recommendations of the in the occupied Territory. That 10,000 In- CONTINUES IN AFTERNOON Commission on Human Rights, he contin- donesian soldiers had failed to crush ued. Indonesia must be urged to open East Timorese resistance in 18 years of occupa- 13 July 1994 Timor to investigators and journalists. It tion was evidence of their defeat. The mas- 1436th Meeting (PM) must be made clear to the Indonesian Gov- sacre of Santa Cruz showed that Timorese In East Timor, arbitrary detention and ernment that the way to eliminate embar- youth were willing to fight for freedom, torture were routine, and freedom of expres- rassing criticism was not to suppress critics, refusing to be Indonesian. sion, association and assembly were non- but to reform treatment of the accused and Two months ago in the community of existent, a representative of Human Rights of prisoners. The Indonesian Government Uelau, the military murdered an unarmed Watch Asia told the Special Committee on must be pressured to act on the Commis- young boy and threw his body into a river, decolonization this afternoon as it continued sion’s recommendations by such means as a he said. In May, 11 persons were arrested its consideration of the question of East complete cut-off of arms sales until it com- for demonstrating before foreign journalists. Timor. plied. In June, two young Timorese were sen- She said the Indonesian Government de- CHARLES NORCHI, of the Interna- tenced to prison for three years for raising served credit for allowing the recent visit to tional League for Human Rights, said fun- the flag of the Revolutionary Front for the the Territory of the Commission on Human damental human rights continued to be Independence of East Timor (FRETILIN). Rights Special Rapporteur on summary and widely abused in East Timor. East Timor In May, two other Timorese were arrested arbitrary executions. However, in advance of had changed directly from domination by in Malang in East Java; one of them was a high-profile visits of foreigners to East the Portuguese to domination by the Indo- leader of RENETIL, the Maubere student Timor, extensive security preparations were nesians. More than 5,000 troops of an In- resistance movement. Indonesia had forced made by the Indonesian authorities, includ- donesian military presence spread fear in the East Timorese, who were animist, to choose ing the rounding up of potential “trouble Territory and abused individuals who were one of five officially accepted religions. The makers.” suspected of having pro-independence sen- Government was building mosques all over A representative of the Revolutionary timents, even if they were expressed peace- the Territory with the expectation that the Front for the Independence of East Timor fully. For example, last month, three East East Timorese would choose Islam. (FRETILIN) said that Governments of the Timorese had been sentenced to 20 months The Indonesian dictatorship was also los- Association of South-East Asian Nations in prison for shouting pro-independence ing the war on the diplomatic front, he said. (ASEAN) preferred to ignore the plight of slogans to foreign journalists. Furthermore, In Bangkok, more than a hundred Asian East Timor. The FRETILIN was opposed the Commission on Human Rights Special human rights organizations had appealed for to international arms sales to Indonesia and Rapporteur on extrajudicial, summary or East Timorese self-determination. In Ma- viewed with concern the sale of warships arbitrary executions had expressed his con- nila, the Asia-Pacific Conference on East and warplanes to the Jakarta Government cern that the “perpetrators of human rights Timor had been on the front pages of many by European and American companies. violations continued to enjoy impunity” in Philippine newspapers for three weeks Also speaking before the Special Com- East Timor. despite attempts by Jakarta to stop it. Just mittee this afternoon were petitioners from “Transmigration,” the Indonesian reset- two weeks ago, in Kuala Lumpur, a forum the International League for Human Rights, tlement policy whereby population was on East Timor organized by 30 non- the National Council of Maubere Resis- transferred from densely populated to governmental organizations had criticized tance, the Unrepresented Nations and Peo- sparsely populated parts of the archipelago, Association of South-East Asian Nations ples Organization, the Catholic Institute for was changing the demographic face of East (ASEAN) Governments for tolerating hu- International Relations, National Assembly Timor. He cited reports that two ships per man rights violations in the Territory. of Portugal, Timorese International Secre- week arrived in Dili carrying Japanese set- LITA KILLUP, of the Asia-Pacific Con- tariat for Human Rights, the Timorese Lib- tlers who were provided with backdated ference on East Timor and the Philippine eration Organization and Solidarieta con identity cards so that they could vote if a Solidarity for East Timor and Indonesia, Timor Est of Italy. Other petitioners were plebiscite on East Timor was held. said every time the Philippines called atten- Maureen Tolfree, Francisco Xavier Amaral CONSTÂNCIO PINTO, of the National tion to the situation in East Timor, Indone- and a representative of United States Con- Council of Maubere Resistance, said that his sia exerted pressure by threatening to freeze gresswoman Nita M. Lowey. organization believed in harmonious rela- that country’s economic interests there. The Discussion on East Timor tions between East Timor and its neighbours United Nations had to act as soon as possi- in the south-east Asia region. The Council ble by passing new Security Council resolu- JONATHAN BIRENBAUM, speaking envisioned an independent republic of East tions so that the people in East Timor could on behalf of United States Congresswoman Timor without a standing army with exter- enjoy self-determination. An immediate Nita M. Lowey, said the people of East nal security framed by a treaty of neutrality cease-fire, demilitarization and the estab- Timor had never had the opportunity to guaranteed by the Security Council. The elect their own officials or to determine their lishment of a peace plan should be put in new government would proclaim a general place. All of which should be done under own future. Human rights abuses added to amnesty aimed at forgiving current enemies. supervision of the United Nations, she went the problems there. The United States must Over 100,000 Indonesians had settled in on. help to enforce the self-determination East Timor; those willing to abide by East She called for the freedom of all East clauses of the United Nations Charter, and it Timorese law would be welcome to stay. Timorese political prisoners especially must take a strong and coherent stand The Council had put forward a three- Xanana Gusmão, who symbolized the against the Indonesian presence in East phase peace plan which would begin with Timorese resistance movement. Abuses of Timor. bilateral talks with Indonesia and Portugal women in East Timor should cease and the under the auspices of the United Nations Page 12 East Timor Documents, Volume 30. July 13-14, 1994.

Secretary-General. A five-year transition to ited, he said. His organization had twice community to enforce respect for human autonomy would allow East Timorese to asked for permission to visit the Territory, rights and the right of people to self- govern themselves through their own insti- but had received no response. determination. It was intolerable when great tutions. A local assembly would be elected, SALLY K. LEVISON, of the Catholic In- Powers abuse their strengths to serve their with only East Timorese being allowed to stitute for International Relations, said that own interests. A great military Power had vote and stand for office. A third phase last autumn, Bishop Belo had written to a invaded and occupied East Timor, killing would include preparation for a self- friend that East Timorese were living in an hundreds of thousands of East Timorese – a determination referendum in which the environment of terror. Indonesia was in- crime of genocide which should be judged by population could choose between free asso- creasing the presence of its military units, an international tribunal. It was unaccept- ciation, integration into Indonesia, or inde- creating an atmosphere of military occupa- able that nations such as Australia and the pendence. tion and dictatorship. The Catholic Institute United States allowed such events in the MAUREEN TOLFREE, another peti- was concerned for the safety of all East Pacific, while they claimed to be extremely tioner, said she was the sister of Brian Pe- Timorese that rejected Indonesian rule, but worried about Africa and the former Yugo- ters, one of five journalists murdered in especially for members of the Roman slavia. He appealed to those nations to place Balibo, East Timor, in 1975. While visiting Catholic clergy. The Indonesian military respect for international law and fundamen- Australia to investigate an incident, she had regularly intervened in church affairs, har- tal morality above their own interest. thought that she would go to Jakarta, where assed church-goers and discredited church MIGUEL URBANO RODRIGUES, also her brother’s remains were. She had received personnel through disinformation. a Member of Parliament of Portugal, said a phone call from either the British or Aus- ELISA MARIA RAMOS DAMIÃO, a that Indonesia was carrying out policies tralian Embassy informing her that they Member of Parliament of Portugal, said that, which made it an outlaw State. Indonesia could not guarantee her safety in Jakarta and since 1975, Portugal, as the administering has repeatedly promised reforms which had urged her to return to her home in the Power, had been prevented from assuming not taken place. Reports of Amnesty Inter- United Kingdom. its responsibility towards East Timor. In national and visiting parliamentarians had Apart from a statement by an Australian 1992 and 1993 and 1994, consultations had described extrajudicial executions and other official and an account of an investigation been held under the auspices of the Secre- violations. which suggested that the five had died in tary-General. However, nothing had changed Without the support of major industrial- mortar fire, she said she had heard nothing for the people in East Timor. Indonesia was ized Powers, Indonesia would not be able to more about the cause of her brother’s death. only concerned with improving its image on carry out its policies of intransigence in East She found out a few months ago that jour- the world stage. Patterns of detention and Timor, he said. The European Commission nalists had tried to contact her and her father human rights abuses continued in East had actually named the Indonesian Foreign following the incident in Balibo, but they Timor. In spite of efforts of the Secretary- Minister as a human rights leader. The sup- had been told by the United Kingdom For- General, violence and repression had not port of the Government of the United States eign Office not to do so. She also found out stopped. On behalf of the people of Portu- was the most immoral of all. The State De- that the Foreign Office was informed about gal, she asked the Committee to act quickly partment report on Indonesia in 1994 had the deaths of the five journalists within 24 on behalf of the people of East Timor. stressed that the country’s economy hours of the incident. They had known offi- LUIS MANUEL GERALDES, another showed great dynamism, but that the Gov- cially from Australia’s Defence Minister Portuguese Member of Parliament, said the ernment was characterized by oppression, that the Indonesians had killed those men, General Assembly in 1975 had recognized arbitrary detention and torture. The State but the Indonesian authorities had hidden Portugal as the Power responsible for ad- Department was aware of what was taking the facts. ministering East Timor. Since that time, the place in East Timor, but had come to regard She called upon the people of East Timor fear, violence, repression, torture, disruption the annexation of East Timor as a fait ac- to have an internationally supervised refer- of family life and the attempts to destroy compli. American author Noam Chomsky endum on their future and urged Govern- the Timorese culture had been the norm. had recalled that United States President ments, including her own, to stop lying The Indonesian Government knew that the Ford and Secretary of State Kissinger, in about East Timor. She demanded a properly current situation in East Timor could not be 1975, had given the “green light” to the In- conducted investigation into the deaths of maintained indefinitely. The signs of nerv- donesian invasion. the five journalists. ousness shown by Indonesia during the Another petitioner, FRANSISCO M.C. VAN WALT VAN PRAAG, of recent Asian-Pacific Conference on East XAVIER AMARAL, said he was the foun- the Unrepresented Nations and Peoples Timor in Manila was a clear indication of its der of the Revolutionary Front for the Inde- Organization, said that the right to self- uncertainty about the situation in East pendence of East Timor (FRETILIN) and determination of the people of East Timor Timor. had served as the first President of the De- had been recognized by the United Nations Since 1992, the question of East Timor mocratic Republic of East Timor. Reviewing and was legally beyond question. The Secre- had reached a different level of discussion in the history of East Timor prior to 1975, he tary-General should meet with the Chairman the Human Rights Commission, he contin- said that East Timor had endured a cruel of the National Council of Maubere Resis- ued. However, serious violations of human colonial experience when the Portuguese tance, “Xanana” Gusmão, prior to the next rights continued in East Timor. Indonesia occupied East Timor. It was Portugal that round of talks on East Timor scheduled for was a nation of two faces: one for interna- had, in 1975, left East Timor in a state of January 1995. The East Timor peace plan tional consumption; another for internal civil war, and it was Portugal that had not presented by the Council to the political horror. The international community should wanted the United Nations involved in East committee of the European Parliament in adopt more drastic measures to stop the Timor after proclaiming it to be an overseas 1992 provided the best basis for a process growing suffering in East Timor. province. that could lead to a just and lasting peace. NARANA SINAI COISSORO, another Today in East Timor, there were people International access to East Timor for the Member of Parliament of Portugal, said the that held out false hopes and unfounded United Nations and human rights and hu- question of East Timor must be seen in the dreams to the youth of East Timor, he said. manitarian organizations was still very lim- context of the inability of the international It was untrue that East Timor was a closed East Timor Documents, Volume 30. July 13-14, 1994. Page 13 territory, since it was open to serious, fair- Timor had been abandoned at precisely the panies belonged to Indonesian generals, and minded visitors and professional human moment that the Timorese were engaged in a the jobs had been primarily given to Indone- rights organization. The false hopes and civil war. Because of Portuguese imperial- sian immigrants. The FRETILIN was op- dreams held out to young people there had ism, Timorese had been forced to choose posed to international arms sales to Indone- dire consequences. Having analysed all the between a new protecting Power, Indonesia, sia and viewed with concern the sale of war- pros and cons of the future of East Timor, and self-extermination. ships and warplanes to the Jakarta Govern- he said he continued to accept Indonesian In 1975, Portugal had requested Indone- ment by European and American compa- citizenship and the connection of East sia to establish peace and order in East nies. Timor to other provinces of Indonesia. The Timor. Today, Timorese had to decide DOMINGOS AUGUSTO FERREIRA East Timorese belonged to the same ethnic whether they should continue to provoke (Sao Tome and Principe), speaking also on group as those living in West Timor, a part and offend Indonesia, its “saviour from behalf of Angola, Cape Verde, Guinea- of Indonesia since 1945. Indonesia’s concern chaos and disorder.” East Timor today was Bissau and Mozambique, said the situation with East Timor had brought development, already independent – through its decision in East Timor remained unchanged. Indone- the hope of stability and an end to 450 to ask Indonesia to preserve it from new sia did not want to allow those people to years of occupation. He appealed to the forms of colonialism. East Timor was only a express their right to self-determination. He people of East Timor to stop listening to problem for those stubborn groups who expressed concern about continued human the promises and empty dreams given by wanted to restore socialism, and the dicta- rights violation in East Timor. The talks politicians and their international friends. torship of the party over the workers. between Indonesia and Portugal, under the PAULINO GAMA, of the Timorese In- JOHN M. MILLER, of Solidarieta con auspices of the Secretary-General, should ternational Secretariat for Human Rights, Timor Est of Italy, said the situations that continue. He hoped that one day those talks said that after the Santa Cruz incident of 12 had occurred in Namibia, Belize and West- would lead to a situation where the people November 1991, his organization had de- ern Sahara were similar to that of East of East Timor would have control over their nounced the behaviour of the Indonesian Timor. He was gravely concerned at the own future. military. After investigating, they had con- difficulties regarding access to East Timor cluded that the incident had only been an experienced by human rights organizations CONTINUATION OF DEBATE THE isolated action of certain individuals moti- and at the pressure exerted by the Indone- NEXT DAY vated by Portuguese interference. Indone- sian Government on the Philippine Gov- sian authorities were observing the recom- ernment in order not to allow the holding of GA/COL/2929 mendations of the Human Rights Commis- the international meeting of solidarity 14 July 1994 sion, not only in East Timor, but in all In- groups in Manila in May. Bearing in mind 1437th Meeting (AM) donesia. the continuous human rights violations in [Section on Western Sahara omitted] SIDNEY JONES, Human Rights Watch East Timor, he requested that the United The Special Committee concluded its de- Asia, said that East Timor was a place Nations guarantee the right of the people of liberations on Western Sahara and East where arbitrary detention and torture were East Timor to self-determination with proc- Timor. It took note of the reservations ex- routine and where basic freedoms of expres- esses similar to those adopted for Namibia, pressed by the representative of Indonesia sion, association and assembly were non- Western Sahara and Belize. who stated that the appropriate forum for existent. The Indonesian Government had JOSÉ LUIS GUTIERRES, representative seeking an internationally acceptable solu- taken steps for which it deserved credit, of FRETILIN, said that his organization had tion on East Timor was the ongoing dialogue such as the recent visit to the area by the appealed many times to the countries of the between Portugal and Indonesia, under the Human Rights Commission’s Special Rap- Association of South-East Asian Nations auspices of the Secretary-General. He also porteur on summary and arbitrary execu- (ASEAN), but those Governments preferred told the Committee that some unauthorized tions. But extensive security preparations to ignore the plight of East Timor. This security personnel who had recently dis- are taken by the Indonesian authorities in year, the Timorese struggle had received a rupted a Catholic procession in Dili, East advance of high-profile visits of foreigners positive reference in several international Timor, had been placed in custody pending to East Timor, including the rounding up of forums; the major success of the year had trial. The military commander there had potential “trouble makers.” been the Asia and Pacific Conference on apologized for the incident, he added. From 12 to 15 April, 26 foreign journal- East Timor in Manila. The recent establish- He was speaking in response to the rep- ists were taken on an official visit to East ment of the Joint Committee on East Timor, resentative of Portugal who said that three Timor at the invitation of the Indonesian in Jakarta, also represented a turning point Timorese had been killed and 20 wounded in Government. One day prior to their depar- in the struggle. an altercation between the Indonesian mili- ture, a small group of East Timorese held a East Timor was a resource-rich country tary and Catholic devotees in East Timor in pro-independence demonstration in front of with large oil and gas reserves in the Timor the last few hours. The Portuguese repre- their hotel. Those demonstrators were ar- Sea, between East Timor and Australia. sentative also condemned the Indonesian rested and tried for having taken part in an That reserve had attracted multinational military’s disrespect for Catholics in East “illegal meeting.” corporations from around the world. The Timor and said that his country fully sup- JOSÉ MARTINS, of the Timorese Lib- Timor Gap Treaty, for joint exploration ported the Territory’s decolonization. eration Organization, asked how the United between Indonesia and Australia, had been The representative of the Philippines Nations could harmonize the positions of challenged by Portugal, the administering also made a statement on the question of Portugal and Indonesia if East Timorese Power of East Timor, in the World Court. East Timor. political leaders did not face each other While not opposed to the operation of mul- without external interference. Indonesia was tinationals in East Timor, FRETILIN did Question of East Timor the “ancestral tree” from which East not support their activities in the Timor Sea RUI QUARTIN SANTOS (Portugal) Timorese were descended. Timor had been at this stage. said that during the last few hours, 3 arbitrarily divided between Portugal and the Indonesia had created companies and Timorese had been killed and 20 had been Netherlands during the colonial period. East employment in East Timor, but those com- wounded during an altercation between the Page 14 East Timor Documents, Volume 30. July 13-14, 1994.

Indonesian military and Catholic devotees in allowed into the country to attend the con- had desired integration with Indonesia. In the Territory. The Catholics had been held ference. the 18 years since integration with Indone- in the University of Dili. The problem had MAX RAI (Papua New Guinea) said sia, the people of East Timor had made been solved through negotiations mediated that there were two views on the matter of substantial progress in all aspects of life. by the International Committee of the Red East Timor: one seeking integration and the The religious procession in Dili that was Cross (ICRC). He condemned the Indone- other wanting independence. Many of the disrupted recently was disturbed by unau- sian military’s disrespect of the rights of petitioners had been parliamentary members thorized security personnel. The Govern- Catholics in East Timor. “It is an intolerable from Europe and some non-governmental ment had taken prompt steps to address the abuse towards the religion of most organizations. The motives of some of those situation and the military commander in Timorese,” he said. organizations could be questioned. It could East Timor had expressed regret and had Mr. Santos said his country, as an admin- not be presumed that all such entities were apologized. The personnel involved had istering Power of the Territory, had been really speaking for the people of East been placed in custody pending their trials. unable to perform its duties due to Indone- Timor. RUI QUARTIN SANTOS (Portugal) sia’s “illegal” take-over of East Timor. His He said he wondered if the Special Com- said Indonesia wanted to blame his country country fully supported the decolonization mittee on decolonization was the right fo- for the problems taking place in East Timor. of East Timor, he emphasized. rum for petitioners to raise the issue of al- However, his country had already paid its He called attention to the human rights leged human rights abuses. He urged mem- share and allegations that Portugal had aban- violations in that Territory. Human rights bers of the Committee to focus on the issue doned the Territory were unfounded. Portu- organizations such as Amnesty International of East Timor. gal had done everything possible to improve and Asia Watch had still not been able to ABDUL NASIER (Indonesia) said that the conditions of the Timorese, he empha- visit the Territory. Also, the population the appropriate and only forum to seek an sized. there had been strongly dissuaded from internationally acceptable solution to the ABDUL NASIER (Indonesia) asked speaking to foreign visitors. The Commis- situation in East Timor was the ongoing whether a proposed decision to include the sion on Human Rights Special Rapporteur tripartite dialogue between Portugal and question of East Timor on the Committee’s on Extrajudicial, Summary or Arbitrary Indonesia, under the auspices of the Secre- agenda for its next session would be acted Executions had just visited the Territory and tary-General. At a 17 September 1993 meet- upon. would soon present a report on the human ing between the Foreign Ministers of Portu- FERNANDO REMIREZ DE ESTENOZ rights situation there. gal and Indonesia, a series of confidence- BARCIELA (Cuba), the Acting Committee Indonesian authorities had failed to pro- building measures were agreed to, including Chairman, replied that it would be consid- vide sufficient information about the fate the need to create a favourable and non- ered at the General Assembly’s next ses- and identity of those killed and of the over- confrontational atmosphere, and respect for sion. whelming majority of those still unac- human rights and fundamental freedoms. Mr. NASIER (Indonesia) said he op- counted for after the Santa Cruz killings. Indonesia had continued to provide ac- posed the inclusion of an item on East The military and police personnel responsi- cess by foreign representatives, parliamen- Timor in the agenda of the Committee. His ble for the Santa Cruz event had not yet tary missions, journalists and others to East country’s position should be fully reflected been brought to justice. Also, those con- Timor . Many international humanitarian in the report. victed for non-violent activities had not been organizations were also operating in East The ACTING CHAIRMAN said Indo- released. In addition, five young East Timor. Some quarters continued to foster nesia’s position would be reflected in the Timorese who had demonstrated peacefully the myth of a large Indonesian military report. during a visit of foreign journalists to Dili in presence on the island. Since public order April had been arrested and recently sen- had improved in East Timor, the military tenced. Furthermore, lawyers from the In- command there had been downgraded to a donesian Legal Aid Institute had been pre- regular district command, as in any other vented from meeting “Xanana” Gusmão, the province of Indonesia. East Timorese leader who had been impris- Since the incident of 12 November 1991, oned for 20 years. Only a few days ago his the Indonesian Government had made every wife and children been allowed to visit him, effort to continue searching for missing per- he added. sons, but with limited success. It had kept RONALD B. ALLAREY (Philippines) the Secretary-General apprised of the inves- said his Government had banned the entry tigations. The number of those unaccounted of some non-Filipinos to the country and for had been reduced to 56. because it feared they intended to use the There was complete freedom of cultural country as a platform and venue for political expression in East Timor. Indonesia was statements or activities against a friendly committed to preserving Portuguese relics neighbouring country. A report contained in there. A number of Catholic churches had a Secretariat working paper alleging that all been renovated and restored by the East non-Filipinos had been barred from entering Timor Administration. As part of a family his country to attend a conference, was reunion programme, 59 East Timorese had untrue. He had hoped that the Secretariat been permitted to leave for Portugal. would have been more thorough in its re- In East Timor, the process of decoloniza- search and not merely relied on a newspaper tion had been tumultuous due to the hasty report to make such an allegation. It would departure of the colonial Power and the be more accurate if the paper was amended attempt by a minority party to seize power to show that some non-Filipinos had been by force. But four other political parties, representing the majority of the population, East Timor Documents, Volume 30. July 13-14, 1994. Page 15

Balibo in 1975, UDT has refused to be sub- Security Council and General Assembly TESTIMONY BY jugated or integrated. Resolutions, as it has been in other situa- PETITIONERS In spite of the passing of time, UDT con- tions of invasion. tinues to defend vehemently the basic values We would like to speak briefly on the and principles which formed the basis for its reasons which prompted Indonesia to in- UNIÃO DEMOCRÁTICA formation in 1975, and which, in spite of its vade East Timor in 1975 and the extent to TIMORENSE (TIMORESE limited funds, has never wavered in its con- which those reasons are still impacting on tinuing defense of Timorese people’s rights the search for peace. DEMOCRATIC UNION) to self-determination and independence. The most publicised claim in 1975 was After the congress which saw the election that East Timor was “going Communist.” Presented by Francisco Nicolau, Vice Presi- of Mr. João Carrascalão as President, Ms But, even if by some miracle every one of dent U.D.T. Maria Helena Pires, Mr. Zacarias da Costa, East Timor’s 680,000 people had “gone Mr. Chairman, Distinguished Delegates, Mr. Francisco Nicolau as Vice Presidents Communist” in the space of 20 months, it Ladies and Gentlemen and Mr. Domingos Oliveira as Secretary could have had little impact on Indonesia Questions of primacy continue unre- General, the Timorese resistance has been which numbered its “Communists” in the solved at a level which through the preced- invigorated; not only through the rejuvena- millions.(1) ing decades has emerged as systematic con- tion of the party but also through the adop- In 1974 Indonesia began its clandestine tinuous violation of Human Rights by mem- tion of a structure more suited to the reali- program to destabilize and, if that failed, to ber states which take part in an organization ties of today. invade East Timor, and this plan was formu- which declared in 1948 the universality of Lamentably the force of the Timorese lated at a time when East Timor’s two major these same rights whose underlying essence Nationalist Parties alone are insufficient to political parties were working together har- constitute the respect of most elementary curtail the barbarity practised by the Indo- moniously and productively towards the and basic rights of man by all civilized states nesian armed forces. The violation of Uni- shared ideal of independence. which cohabitate on our planet. versal Human Rights continues almost as an Former Australian Consul in East Timor, It is precisely because of such violations assertion that these Rights will never return James Dunn, has written of this period that there is a necessity for certain vital to East Timor. As such Pantaleao Amaral, “One could not help but be struck by the committees to continue their existence, none 18 years old, was detained in Dili, in relaxed and happy atmosphere prevailing in more so than the committee for decoloniza- 23/6/94; Duarte Ximenes, 17 years old, was the towns and villages, as well as the spirit tion. This committee would benefit as all if tortured; Sebastião Fraga Freitas continues of tolerance and the optimism among the the evolution of states were mature enough to be missing since 12/11/91; Duarte Xime- politically active Timorese.”(2) to render the reasons for the existence of nes, 17 years old, was assassinated in 5/l/94 There are grounds to suggest that Indone- this committee unnecessary. ... These are examples of common rule sia was worried that East Timor was “going But herein lies the difference between the which Indonesia implements in East Timor independent,” not that it was “going Com- sacred and profane, because on the eastern and in other islands where it wishes to main- munist.” Yet, if Indonesia’s Foreign Minis- part of Timor the impunious sentiment of tain its subjugation. ter, Adam Malik, had meant his 1974 assur- the Indonesian State permits and condones However, Mr. Chairman, a day will ar- ance to East Timor that “whoever will gov- all forms of Human Rights violation which rive when President Suharto will learn the ern in Timor in the future after independ- to care has sighted a lack of action which lessons of History, and then the process of ence, can be assured that the government of would allow the maturity of civilized and the decolonization initiated by Portugal and Indonesia will always strive to maintain non-barbaric behaviour. abruptly interrupted by Indonesia invasion good relations, friendship and cooperation On the contrary in Vienna, Indonesia of the territory will be translated into the for the benefit of both countries”(3), then reached the very heights of political hypoc- Timorese people’s free exercise of their harmony in East Timor should have been a risy through the nebulous defense of values rights to self-determination conducive to matter for rejoicing. (such as the right to physical integrity, the acceptable modes of civilized states and not In 1975 the surrounding areas of Indone- right to free expression and the right to life) in “ad hoc” models such as those promoted sia – West Timor, Alor, Ambon, Wetar and which human conscience holds sacred as by Indonesia because then and only then so on – were among the poorest and most inherent to every human being independent will Peace, Justice and Freedom prevail in neglected parts of Indonesia. Massive of geographical location, gender and race. East Timor. amounts of aid were flowing into Indonesia The Timorese people are unwavering in but very little of it was reaching the outer their legitimate defense against Indonesia’s HOBART EAST TIMOR islands. It was easy to find untreated cases aggression since 1975. COMMITTEE of leprosy, malaria and tuberculosis; there In tandem with this sentiment, UDT un- were schools without staff or books; there derwent a reorganization through a congress, 2/65 Bay Rd, New Town, Tasmania, Austra- were islands without paved roads or held in Lisbon, which restructured the party lia. Presented by Alyn Ware wharves, to make it more efficient with the threat of An independent East Timor, eligible for a Indonesia’s continuing aggression and any Your Excellency, Respected Members of wide range of United Nations and bilateral this Committee, future challenge, particularly in safeguarding aid packages, was seen by Jakarta as a threat the rights of our people in the event of a Thank you for the opportunity to again because it could exacerbate existing discon- referendum. present a Petition to these Hearings. Like tent in the South Moluccas and nearby is- UDT is the historical nationalist party of everyone desiring peace and justice for East lands. But the answer to this potential prob- East Timor. It has never collaborated with Timor we regret that a solution has not been lem lay not in invading East Timor but in Indonesia in Indonesia’s push for imperial- achieved 19 years after Indonesia’s invasion giving greater respect and support to the ism. Contrary to what Indonesia has and we ask that the United Nations be as aspirations of the people living in the most preached about its allegedly signing in willing to impose tough measures, including neglected parts of Indonesia. sanctions, to achieve compliance with all Page 16 East Timor Documents, Volume 30. July 13-14, 1994.

When the Australian Council for Over- misconception and promote the right of the racy is an extremely inefficient and inap- seas Aid assessed the situation in East East Timorese people to self-determination. propriate way of providing assistance to Timor in late 1975 they wrote that “the It is no longer a secret that the American East Timor. actual level of external assistance required to and Australian Intelligence services moni- The United States has begun to withdraw maintain an independent East Timor in the tored every stop of Indonesia’s covert de- moral support and practical assistance from future would be remarkably small (at least stabilisation and invasion plans - and not Indonesia’s military. And there are progres- compared to a country such as Indonesia, only made no attempt to stop Indonesia or sively fewer places in the world where In- which will this year require some $2,800 to raise the matter within the United Na- donesians can be “safe” from embarrassing million in loans and grants)-”(4) tions but actually supported, encouraged questions on East Timor. Indonesia could find millions of dollars and helped to finance Indonesia’s brutal Within East Timor itself Indonesia has towards the cost of invading East Timor but takeover of East Timor. A CIA operative in made sure that resistance will continue – could not find the money to provide Dap- Jakarta in 1975(6) has revealed that as well because the only truly Timorese thing left to sone treatment for its many leprosy victims as weaponry the United States also pro- the East Timorese people is their struggle in West Timor. vided material such as soldiers’ uniforms. for identity and independence. Indonesians There in a widespread belief that Indone- It is not hard to understand why. The are taking over Timorese land; Timorese sia wanted East Timor so as to use it as a United States was facing defeat and with- possessions are regularly “expropriated” by “training ground,” and its behaviour both drawal in Indo-China. Indonesia was offer- the Indonesian army; Indonesians have now before and after the invasion supports this ing it the opportunity to be associated with taken control of all of East Timor’s re- belief. a military success, as well as the chance to sources; Timorese languages are banned; When Indonesia, in the early 1960s, be- be seen as a still-effective anti-Communist Timorese culture is being undermined and gan dropping paratroopers into Dutch New crusader. derided; Timorese families and communities Guinea, in a campaign masterminded by Which then of these reasons remains as are broken up and dispossessed; and even Major-General (now President) Suharto, it an impediment? the Timorese church is having Indonesian was a fiasco. The indigenous people pre- President Suharto, despite the slaughter priests foisted upon it. ferred to support Dutch efforts to prepare in East Timor, Went Papua, and Aceh, and There are many powerful legal and moral them for independence in 10 years’ time his defiance of 2 United Nations Security reasons why the United Nations should be rather than believe in Indonesian rhetoric Council Resolutions, has achieved his ambi- willing to be as active in last Timor as it has and simply handed captured Indonesian tion to become leader of the Non-Aligned been in Cambodia, Bosnia, and elsewhere. troops to the Dutch authorities, But it be- Movement. Perhaps too, in this “Year of the family,” came a diplomatic success when the United Regardless of how he and his generals feel more attention can be paid to Indonesia’s States chose to support Indonesia rather about past military fiascoes it must be clear cynical destruction of East Timor’s once than Holland. to them that there is no military glory to be rich and supportive clan, family and com- Understandably, Indonesia then began gained by killing defenceless people in East munity structures. planning to take over North Borneo. Suharto Timor. Although East Timor remains a The Matebian Encirclement of 1976 and again played a vital role in this campaign “training ground,” a way to rapid promo- 1977 was as horrific as anything which has plan.(5) But Britain chose to support the tion, and a way for the Indonesian military occurred in Bosnia but there was no media young nation of Malaysia and the campaign to augment their pay through a variety of to film it and it was not followed by active became a military and diplomatic failure. corrupt practices. United Nations intervention. So it is understandable that Suharto and The number of Indonesians still listed as Instead it was followed by massive fam- his generals saw the small nation of East “Communists” continues to exceed the total ine, the brutal “Fence of Legs” campaign, Timor as a means to restore some prestige population of East Timor – so that, clearly, the Kraras and Lacluta Massacres, the forci- to Indonesia’s military. East Timor had no East Timor has had no influence on what ble removal of much of the population from navy, no air force, and an army of 5,000 Indonesia regards as its “Communist their traditional lands, the deliberate poison- men. In fact, the entire called-up strength of threat.” ing of at least 200 Timorese children - and, the Indonesia army was greater than the The poverty of the eastern islands of In- in 1991, when the Dili Massacre was shown total population of East Timor, The Indone- donesia has only been addressed marginally. around the world we were reminded that sian military was so confident of success It is still not difficult to find untreated lep- this tragedy came more than 30 years after that it dropped leaflets into East Timor rosy, malaria and tuberculosis; there are still the United Nations took responsibility for claiming it would control the country within villages without clean water or sanitation; East Timor’s de-colonisation and 16 years five days. there are still communities without access to after the United Nations Security Council In 1975 Portugal, like South Africa, was anything but the most minimal education, specifically requested “Indonesia to with- regarded by the Non-Aligned world as an Indonesia continues to claim it is “devel- draw without further delay all its forces “evil empire” because of its desire to hold oping” East Timor. In 1966 a group of do- from the territory.”(7) on to its African colonies. President Suharto nor nations (the Intergovernmental Group Thank you. could boost his position within the Non- on Indonesia) agreed to provide Indonesia Background Notes: Aligned Movement by appearing to act with $500 million to help overcome the 1. In 1960 the Indonesian Communist Party against Portuguese colonialism in Timor. “chaos of the Sukarno years.” Each year (PKI) claimed to have 3 million members. But it was not the Portuguese colonists who since then the amount of assistance required In 1971 1,900,000 people were banned were bombed, shot, napalmed, tortured, by Indonesia has increased to where it is from voting in Indonesian elections be- raped and terrorized, but the indigenous now over $5 billion a year. It is debatable cause of their alleged links with the PKI. people of East Timor colonised by Portugal. whether Indonesia can afford to “develop” In 1990 Indonesia had 1.4 million People It is to the lasting credit of the Portu- East Timor when its own needs for outside listed an “ex-PKI” but over 8 million In- guese-speaking nations of Africa that they assistance are so great. And to channel some donesians continue to suffer various forms have persistently worked to overcome this of this assistance to East Timor through Indonesia’s massive and corrupt bureauc- East Timor Documents, Volume 30. July 13-14, 1994. Page 17

of discrimination because of their alleged recent weeks with the banning of three of occurrence. Military authorities continue to links to the PKI. the country’s leading news magazines, and dominate the government and to operate 2. James Dunn “Timor: A People Betrayed.” by the use of repressive measures - includ- with considerable autonomy, with scant 3. Letter from Adam Malik, given to José ing arbitrary detention and ill-treatment - to regard to human rights concerns. With rare Ramos Horta, for publication in East suppress those who have had the courage to exceptions, the perpetrators of human rights Timor in 1974. speak out against them.1 Such measures may crimes have not been brought to justice. 4. ACFOA Report on Visit to East Timor for have come as a surprise to those eager to And, notwithstanding repeated government the ACFOA Timor Task Force, October believe the government’s blandishments claims of increased openness, access to East 1975, about the new climate of “openness” - but Timor remains limited. 5. See e.g. Brian May “The Indonesian Trag- they are nothing new to most East The weakness of the international pos- edy.” Timorese. Speaking in September 1993, the ture toward Indonesia was epitomized by 6. See e.g. John Pilger “Death of a Nation.” Catholic Bishop of East Timor, Dom Carlos the Consensus statement read by the Chair 7. Security Council Resolutions 384 and 389. Filipe Ximenes Belo, put it this way: of the UN Commission on Human Rights in People are not allowed the possibil- March of this year.4 Despite the fact that All figures in US dollars, IGGI has now become ity to speak differently, to hold a differ- the Indonesian Government had failed ut- the Consultative Group on Indonesia (CGI). ent opinion ... they are also denied the terly to implement any of the concrete rec- fundamental right to express what they ommendations made in previous resolutions AMNESTY INTERNATIONAL: would like to be politically.... The mili- - in particular the Commission’s 1993 reso- EAST TIMOR: WHO IS TO tary say they don’t beat anyone, that lution - the Consensus statement praised the BLAME? they respect the people, that they work government for unspecified “positive meas- for the prosperity of the people. But for ures” it had taken toward the protection of AI Index: ASA 21/31/94 me it is a pure lie. From 1983 till now human rights. The dangers inherent in such a 2 Presented by Consuelo Villanueva I have heard only lies from them. weak statement have been grimly illustrated Many governments, while publicly pro- by evidence of continuing human rights Mr. Chairman, fessing concern over human rights in East violations in the past year. Indeed, far from Each year for the past decade Amnesty Timor, have continued to supply military encouraging the Indonesian authorities to International has come before this Commit- equipment to Indonesia - equipment which improve their human rights practice - as tee to articulate its concern about human could be used to commit human rights viola- some government claimed it would do - the rights in East Timor. Each year our criticism tions in East Timor. Others have provided Consensus statement appears only to have has been directed principally toward the military training to, or have conducted joint encouraged them to preserve the status quo. Government of Indonesia whose policies exercises with, Indonesian armed forces’ In Amnesty International’s view, the and practices have been directly responsible units well known for human rights abuse. Commission’s statement was defective in for systematic human rights violations in the And while some governments have linked four important respects. First, it made no territory for almost twenty years. This year economic assistance to human rights per- mention of the problem of torture and ill- we feel compelled to break with tradition: formance, most aid donors have steadily treatment of political detainees, despite the 3 we address our remarks today not only to increased their level of aid to Indonesia. fact that the systematic use of torture con- the Government of Indonesia, but also to Nor have expressions of concern for human tinued - and that specific incidents of torture member states of the United Nations (UN) rights had any noticeable impact on trading were reported by Amnesty International - 5 who, in our view, share responsibility - both patterns. The willingness of foreign govern- even as the Commission met. Also shock- direct and indirect - for the long-standing ments to conduct “business as usual” sends ing was the Commission’s failure to mention human rights problem in East Timor. a clear signal that human rights take second the recommendations made by the UN Sp e- Speaking before this Committee last year, place to economic interest. cial Rapporteur on torture following his we welcomed the passing of a resolution on The lack of concerted pressure from the visit to East Timor and Indonesia in late 6 East Timor at the 49th session of the UN international community has contributed to 1991. More than two years after that visit, Commission on Human Rights, and we ex- the perpetuation of a pattern of systematic the Indonesian authorities had begun to pressed the hope that member states of the human rights abuse in East Timor in the implement only one of those recommenda- UN would continue to press the Indonesian past year. Torture and ill-treatment have tions. The Commission’s failure to refer Government to carry out the concrete rec- continued to be the centre-piece of a strat- explicitly to torture, or to the Special Rap- ommendations contained in that resolution. egy for silencing real and suspected political porteur’s recommendations, has helped to We believed that by doing so, and by insist- opponents and for extracting political intel- ensure that nothing has changed; as the evi- ing that the government abide by interna- ligence through intimidation and coercion. dence appended to this statement demon- tional human rights standards, UN member Extrajudicial executions have continued to be strates, torture continues in East Timor. states could contribute significantly to an reported, while the fate of those killed or Second, in its reference to East Timorese improvement of the human rights situation “disappeared” in past years has yet to be political prisoners, the Consensus statement in the territory. clarified. Following a well-established pat- conspicuously avoided mentioning that Sadly, in the year and a half since the tern, hundreds of alleged political opponents more than thirty people have been impris- 1993 resolution was passed, the interna- have been arbitrarily detained within the oned in the past three years for their non- tional community has effectively turned its past year, and at least 23 are now serving violent political activities or beliefs - includ- back on the reality of systematic human terms of up to life imprisonment following ing 6 in the past year alone. It also failed to rights violations in East Timor. It has ac- unfair political trials. note that several hundreds of other alleged cepted uncritically Indonesian Government Despite its stated commitment to the critics or opponents of Indonesian rule in promises of commitment to human rights protection of human rights, the Indonesian East Timor have been subjected to short- and “political openness.” The emptiness of Government has done little to investigate term arbitrary detention without charge or those promises has been brought home in past violations, and has failed to take sig- trial in recent years. Instead, it called lamely nificant measures to prevent their future upon the Indonesian Government to ensure Page 18 East Timor Documents, Volume 30. July 13-14, 1994. that prisoners would be “treated humanely,” about “expanding access,” some interna- of East Timorese tortured or ill-treated by that their rights would be “fully respected.” tional human rights organizations including Indonesian security forces. As in previous The Commission appeared not to recognize Amnesty International - continue to be de- years, the forms of torture described include that arbitrary detention is fundamentally nied access to the territory altogether. electrocution, beating, death threats, faked inconsistent with the principles of humane Mr. Chairman, every year for the past executions, rape and other kinds of sexual treatment and respect for basic rights that it decade Amnesty International has testified abuse. Taken together, this information is entrusted to uphold. It also failed to note before this Committee in the sincere hope confirms Amnesty International’s assess- that, as a matter of principle, those detained that it will be the last time. But it is only ment, expressed consistently before this for their non-violent political activities or too clear that unless the Government of Committee since 1990, that short-term de- beliefs should be released immediately and Indonesia takes immediate and concrete tention, ill-treatment and torture are used unconditionally. measures to address the root causes of hu- systematically in East Timor to intimidate Third, with respect to the problem of ex- man rights violations, and unless member even peaceful opponents of Indonesian rule, trajudicial executions and “disappearances” states of the United Nations apply con- and to obtain political and military intelli- the Commission’s statement conveyed a certed pressure on the government to fulfill gence. More worrying still, many of those misleading impression of the extent and the its responsibilities under international law, it detained and subjected to torture or ill- nature of the problem in East Timor. In will be necessary to return here for many treatment in the past year have been people “acknowledging the efforts made to account years to come. Thank you. trying peacefully to gather or to disseminate for those persons missing” after the Santa NOTES human rights information. Cruz massacre, the Commission obscured In November 1991 the UN Special Rap- 1) For details see Amnesty International the inadequacy of the government’s re- porteur on torture visited Indonesia and document, Free Speech Protesters De- sponse. As Amnesty International reported East Timor. His report, published in early tained and Beaten (ASA 21/27/94) June during the Commission’s 1994 session, the 1992, concluded that torture was common- 1994. government has provided clarification of the place and offered eleven concrete recom- fate of only a small fraction of the estimated 2) From an Interview with Timor Link, Sep- mendations for its prevention. Nearly three 270 dead and 200 “disappeared,” and has tember 1993. years later, the government had begun to attempted to disguise the inadequacy of its 3) In the three years since the Santa Cruz implement only one of those recommenda- efforts by publishing information which is massacre, the Consultative Group on In- tions, with the establishment of the National false and misleading.7 Moreover, by focus- donesia (CGI), a development aid consor- Human Rights Commission. The govern- ing exclusively on those killed in November tium which meets annually to agree bilat- ment’s failure to act means that the root 1991 the Commission has lent credence to eral and multilateral assistance to Indone- causes of torture have yet to be addressed. the Indonesian Government’s claim that the sia, has consistently increased its total dis- As the cases described in this report indi- massacre was an isolated incident, which did bursement. cate, the consequence of inaction is that the not reflect official policy or an established 4) See Appendix I for the full text of the practice of torture continues, and would pattern of practice. The clearest evidence statement. seem destined to continue in the foreseeable that the Santa Cruz massacre was not an 5) The torture of Salvador Sarmento, detailed future. below, was reported in an Amnesty Inter- isolated incident lies in the fact that scores Case Study: Salvador Sarmento of political killings have been reported in national document distributed during the Indonesian military authorities have iden- East Timor since 1991 - including at least Commission’s 50th session. See Indonesia tified the Catholic church as a focal point of twenty in the past year alone. & East Timor - Fact and Fiction: Imple- resistance in East Timor, and some of its Finally, the Commission gave a seriously menting the Recommendations of the UN more vulnerable members have increasingly misleading impression of the human rights Commission on Human Rights (ASA been the target of ill-treatment and torture. situation when it welcomed what it called a 21/05/94), 16 February 1994, p. 12. In February 1994, Amnesty International “policy of expanding access” to East Timor 6) In its March 1993 resolution on East reported the arrest and alleged torture of a by international human rights and humani- Timor (1993/97, para. 8), the UN Com- young Catholic seminarian named Salvador tarian organizations, as well as the interna- mission on Human Rights did call on the Sarmento. Since then the organization has tional media. The fact is that all delegations Indonesian authorities to implement rec- obtained detailed testimony of the circum- visiting East Timor continue to be kept ommendations. stances leading to his arrest, the treatment under close surveillance, making genuine 7) For further details of the government’s he suffered, the identities of some of the human rights monitoring difficult and poten- response, see Amnesty International perpetrators, and the conditions of his re- tially dangerous to those they contact. As document, Indonesia & East Timor – Fact lease. the evidence appended to this statement and Fiction, Implementing the Recom- Salvador Sarmento, a student at the Insti- makes clear, in the past year alone scores of mendations of the UN Commission on tut Pastoral Indonesia (IPI), was arrested in East Timorese have suffered imprisonment, Human Rights (ASA 21/05/94), 16 Febru- Dili by military intelligence officers shortly torture, and ill-treatment because of their ary 1994, pp. 2-6. after 12 noon on 3 January 1994 as he efforts to gather and disseminate informa- walked toward home with a friend, Matias tion about human rights abuse in the terri- The remainder of this document was not Soares. The two young men were forced tory. Thus, while the government’s decision included in the oral presentation before into a military vehicle and driven to the to invite the UN Special Rapporteur on the Special Committee on Decoloniza- headquarters of the military intelligence unit extrajudicial, summary and arbitrary execu- tion but was submitted in written form: (Satuan Tugas Intelijen - SGI) of the Sub- tions to visit East Timor in July 1994 was Regional Military Command for East Timor undoubtedly a positive step, concern re- 1. TORTURE AND ILL-TREATMENT (KOREM 164/Wira Dharma), in the Col- mains that such obstacles and dangers will In the 12 months since Amnesty Interna- mera district of Dili. Matias Soares was limit his ability to conduct a thorough and tional last addressed this Committee the released the same day after questioning, but impartial investigation. Finally, it must be organization has received reports of scores Salvador was held without charge for five stressed that, notwithstanding assertions East Timor Documents, Volume 30. July 13-14, 1994. Page 19 days before being conditionally released on “clandestine meetings” in the parish of was released without charge at about 10 am the evening of 7 January. Ossu, Viqueque, in late December 1993, at the following day, after the intervention of a During that time he was repeatedly which plans had been made to organize a relative who was a soldier there. However beaten, given electric shocks, threatened peaceful demonstration on the occasion of a that was not the end of his ordeal. On 13 with a handgun and subjected to mock exe- visit by Australian Bishop Hilton Deakin in September he and a friend, Francisco cutions by soldiers. When he was not under March 1994. Military intelligence authori- Almeida Godinha, were arrested by two interrogation, Salvador was held in a cell, ties also sought to obtain information about soldiers in the sub- district of Gailaco, near sometimes naked, and with his hands shack- the political views and activities of key the town of Maliana, in Bobonara District, led. The detention and beating took place figures of the Catholic clergy in East Timor, where they had been taking photographs of with the full knowledge and acquiescence of including the parish priest of Ossu, Father social and economic conditions. Describing the SGI Commander, an army Lieutenant Sancho Amaral, and Bishop Belo. their arrest and torture by three soldiers - a Colonel whose name is known to Amnesty Having secured this information from Sergeant, a Private and a Corporal of the International. Salvador Sarmento under duress, the mili- KORAMIL, whose names are known to During the initial interrogation, which tary then forced him to sign an affidavit as a Amnesty International - Benevides wrote: lasted from 1 pm until 5.30 pm on 3 Janu- condition for release. In the affidavit, dated They ordered us to lie down by the ary, Salvador Sarmento’s military interroga- 7 January, he admitted to committing acts side of the road, tied our hands up and tors did not use force. However, when the “prohibited by Indonesian law,” and prom- one of them threatened to execute us interrogation resumed at 10 pm that evening ised never to repeat them on pain of pun- there and then.... After about half an he was made to strip naked and was tor- ishment. The statement said that he had hour a platoon of ten soldiers arrived tured in various ways while being ques- been involved in “clandestine” activities but, with the KORAMIL Commander who tioned by six soldiers. In the course of inter- significantly, it did not specify what law took over the interrogation.... They rogation, the soldiers held a pistol to Salva- had been broken. frog-marched us to a small hut near dor’s head and chest and threatened to kill The affidavit, and a letter of clarification the side of the road, stripped us naked him and dispose of his body. issued on the same day by the SGI Com- and started beating us for about an As they beat and kicked me I said mander, appeared to be aimed in part at hour, hitting our heads, chests, geni- ‘please just kill me rather than tortur- protecting the security forces from any legal tals, kidneys, thighs and knees. Soon ing me like this. In the name of truth I or political culpability for Salvador’s arbi- our noses, mouths and ears were am prepared to die.’ Then they said - trary arrest and torture. The Commander’s bleeding.... We were pushed into a ve- ‘If you really want to die we can easily letter declared that Salvador Sarmento was hicle and driven to the KODIM in Ma- arrange for your corpse to disappear.’ being “returned to his family in a healthy liana, where we were beaten while be- Then they ordered me to pray, and so I condition” while the affidavit stated, falsely, ing questioned about taking photos... prayed: ‘Oh God please receive my that his confession had been made .”..while They tried to make us admit that we in- soul and forgive them for what they in a fit mental and physical state, without tended to use the photos to discredit do.’ As I prayed one of them said pressure from any party whatsoever.” Just Indonesia in the eyes of the interna- ‘Let’s just shoot him and throw his prior to his release, Salvador Sarmento was tional community....Our hands were body into the sea.’ When I had finished taken aside by a military intelligence officer tied up, we were forced to stand facing praying they did not shoot, but they and warned not to tell anyone that he had the wall and they beat us, kicked us threatened me twice more with a pistol. been tortured. with their jack-boots and banged our They held it to my head and to my Case Study: Benevides Correia Barros heads against the wall...After five chest so that I would confess... hours, my friend Francisco was put Amnesty International has also received Later they attached wires to Salvador’s into a cell and I was driven...to a place detailed information about an East Timorese thumbs and applied electric current causing about two kilometres from the university student, Benevides Correia Bar- him to scream and his body to convulse. KODIM. When we arrived, I was ros, who was detained and reportedly tor- Following electrocution, the soldiers contin- pushed out of the car still handcuffed, tured by Indonesian soldiers during a visit ued to beat him until he lost consciousness. ordered to kneel down and start pray- home from Central Java in September 1993. He was revived but the interrogation contin- ing in preparation for being executed. Benevides had been detained for his role in ued until 3 am. This happened three times, after which non-violent demonstrations against the The next morning, Salvador’s face was they pushed me back into the car and Santa Cruz massacre in late 1991, but the bruised and swollen, making it difficult for took me back to the KODIM. We were main reason for his arrest and torture on this him to eat. However, later that evening and held there for three days, from 13 to occasion appears to have been his efforts to the following day the interrogation contin- 16 September, without food or water. obtain photographic evidence of the conse- ued and he was again subjected to beatings Relatives who came to the KODIM- quences of military occupation, in the Dis- and death threats. On 5 January, unable to Maliana on 17 September to visit Benevides trict of Bobonaro, East Timor. face further abuse, and afraid for his life, and to bring him food and fresh clothing, Benevides was first abducted by military Salvador gave the “confession” the military were prevented from seeing him. On 26 personnel while waiting for a bus in the had been seeking. Nevertheless, he was held September, at about 2pm, he and Francisco town of Ainaro on 31 August 1993. He was for a further two days, during which time were moved from KODIM-Maliana to the taken immediately to the District Military medication was applied to his face to reduce Sub- Regional Military Command (KOREM Command (KODIM- Ainaro) where he was the extreme swelling caused by beating. 164/Wira Dharma) headquarters in Dili. At forced to undress, and then interrogated for The substance of the confession and about 6pm the same day they were trans- five hours about his political opinions and other information sought by military intelli- ferred to the headquarters of military intelli- activities. His interrogators threatened him, gence revealed the nature of official repres- gence (SGI) in the Colmera district of Dili, saying: “If you want to live, tell us what sion in East Timor in an era of ostensible where they were interrogated for a further you know, what you have heard, what you “openness.” The interrogators alleged that five days. do and how your network operates.” He Salvador Sarmento had led one or more Page 20 East Timor Documents, Volume 30. July 13-14, 1994.

Their relatives were not informed of the the following day (13 January), the Sub- not been “arrested” but simply summoned transfer. Benevides’ father eventually Regional Military (KOREM 164/Wira for “questioning.” They have also main- learned that he had been moved to Dili, but Dharma) Commander for East Timor (Colo- tained that those forced to undergo “politi- when he arrived in the city he was unable to nel Lumintang) said that he had not received cal guidance” are not under arrest. However, find his son. One of Benevides’ sisters a report on the case. such nuances cannot obscure the plain and looked for him at the different military and Case Study: “Isabel” continuing reality of routine political im- police detention centres in Dili but was prisonment in East Timor. The failure to Amnesty International has continued to unable to locate him. The military authori- charge or try suspects, or the decision to receive reports of the sexual molestation and ties were keeping his whereabouts a secret; send them on “guidance” courses rather than rape of East Timorese women by military he had “disappeared.” Several days later to conventional jails, does not alter the fact forces in the past year. Many of the victims Benevides’ relatives obtained a note from that those suspects have been arbitrarily have been young women living in remote the local assembly (DPRD) asking the mili- deprived of their liberty because of their rural areas where combat troops continue to tary authorities to permit them to visit him political or human rights related activities. conduct counter-insurgency operations. Yet wherever he was. They were finally able to Military authorities in East Timor have even women detained by military authorities see Benevides on the morning of 1 October; virtually absolute authority to detain sus- in Dili and other towns are vulnerable to he and Francisco were released shortly pects, to send them for political education, such treatment. The practice of short- term thereafter. or to impose conditions on their release. arbitrary detention, and denial of access to Following standard procedure in such This power is wielded independently of the relatives and lawyers, inevitably increases cases, their release was subject to several judiciary or of the police who, under Indo- the risk of rape. conditions. First they were taken, with their nesian law, have sole authority to arrest One young woman, shot during the Santa families, to receive “political guidance” from criminal suspects. The danger inherent in Cruz massacre, has described how she was the KOREM Commander and the Governor this extralegal power is compounded by the molested and harassed by soldiers while of East Timor. They were then made to sign fact that, before being charged or tried, po- recovering in the military hospital in Dili. affidavits promising not to repeat their litical detainees are usually held in military On the night of 13 November, one day after “crimes.” A letter of clarification from the detention centres not readily accessible to being admitted to hospital with five bullet SGI Commander specified that they were relatives or lawyers. Even the International wounds, she said that two soldiers came to obliged to report daily to SGI headquarters, Committee of the Red Cross (ICRC), which her bed, cut off all her clothes with scissors, and that their families must assume respon- has gained improved access to tried East and began to touch her body. She was un- sibility if they engaged in any political ac- Timorese prisoners within the past year, able to move due to her wounds, and so tivities. Finally, they were warned not to still faces serious obstacles in visiting those simply closed her eyes so that she would inform international human rights organiza- detained or sent on “guidance” courses by not see their faces. Several days later, after tions about their treatment in military cus- military authorities. Apart from breaching her wounds had begun to heal but while still tody. both international and Indonesian law, the in military hospital, she was taken for ques- lack of access to untried detainees dramati- Case Study: Amarão dos Santos tioning. One of her military interrogators cally increases the dangers of torture and ill- Those who come to the defence of vic- reportedly told her that he would come to treatment described above. tims of human rights abuse in East Timor her room to sleep with her. At the time she In addition to the hundreds of political sometimes become victims themselves. was staying in a room with only one other suspects detained without charge or trial, Amarão dos Santos, the village head of woman. That night, she awoke to find the some 26 East Timorese are currently serving Haupu, in the sub- district of Letefoho, same man touching her breasts and other sentences of up to life imprisonment, im- Ermera, was reportedly badly beaten by parts of her body. When she tried to run posed after unfair political trials since 1984. military officers in January 1994 after he from the room, the man grabbed her and The majority of those currently jailed were submitted a report to government authori- continued to molest her. Asked how her sentenced in 1992, accused of organizing and ties about the ill-treatment of another vil- experience had affected her, she said: taking part in the peaceful pro-independence lager by military officers. The villager whose If men are hurt they can recover procession to the Santa Cruz cemetery on case he had reported, Domingos Sama Lelo, and forget what happened but for 12 November or the peaceful demonstration had been beaten by a military officer in the women, if they are raped or tortured, in Jakarta one week later. Information re- home of a local government official on 27 they cannot forget. Their life is de- ceived by Amnesty International within the December 1993. Three weeks later Domin- stroyed forever. past year confirms earlier assessments that gos was still in hospital recovering from his the trials and appeals of these political pris- injuries. 2. POLITICAL IMPRISONMENT AND oners were not conducted in accordance On 11 January, several days after sub- UNFAIR TRIALS with international standards of fairness, and mitting his report, Amarão dos Santos was In the year since Amnesty International that some tried prisoners have been ill- summoned to the District Military Com- last addressed this Committee, hundreds of treated in custody (see Case Study below). mand in Ermera (KODIM-Ermera). There East Timorese political suspects have been The imprisonment of real or alleged po- he was beaten by soldiers before being arbitrarily detained by Indonesian military litical opponents has continued unabated in transferred to Dili under the authority of the authorities for periods ranging from a few the past year. At least nine other East KODIM Commander. His wife, who saw hours to several months. The vast majority Timorese have been tried and sentenced him briefly on 12 January before he was have been held without charge or trial. At since mid-1993 for their non-violent politi- transferred, said that his face was covered least nine have been tried for their non- cal activities. Most recently, in June 1994, with bruises. She reported the information violent political activities, while seventeen five young men were brought to trial for to the police in Ermera (POLRES Ermera) others continue to serve lengthy sentences staging a brief and entirely peaceful pro- but was told that her husband would be safe imposed in previous years. independence demonstration during a visit in the hands of the KODIM Commander. Indonesian Government and military au- to East Timor by foreign journalists in April When asked about the reported ill-treatment thorities have stated that those held have 1994. As of early July four of the five - East Timor Documents, Volume 30. July 13-14, 1994. Page 21

Pantaleao Amaral, Miguel de Deus, Isaac independence protest in front of the den for five months, including relatives Soares and Rosalino dos Santos - had been Mahkota Hotel in Dili during a visit to East of prisoners who were seriously ill. convicted and sentenced to 20 months im- Timor by foreign journalists in April 1994. Amnesty International also expressed prisonment each (see Case Study below). They were: Nuno de Andrade Sarmento concern last year for the safety of Saturnino Other political prisoners convicted during Corvelho, and Anibal of Santa Cruz, Dili; da Costa Belo, a prisoner of conscience who the past year included a civil servant, Pedro Rui Fernandes, of Bemori, Dili; Octaviano, had shouted pro-independence slogans dur- Sarmento da Costa, sentenced to one year in Pedro Fatima Tilman, Pantaleao Amaral, ing the trial of Xanana Gusmão in March prison in September 1993 for writing a de- Miguel de Deus, Rosalino dos Santos, and 1993. Recent information confirms earlier mand on a 10,000 rupiah bank-note that Marcos, all of Kuluhun, Dili; Lucas Tilman fears that he was subjected to threats and ill- compensation be paid to the victims of the dos Santos, of Bairro-Pite; and Isaac Soares treatment in retaliation for his remarks. Ac- Santa Cruz massacre. Another man, Alberto of Dili. They were taken to military intelli- cording to the letter from prison cited above: Rodrigues Pereira was sentenced to 22 gence (SGI) headquarters in Dili where they Because of the demand he made to months in December 1993 for destroying an were interrogated about their political activi- the Indonesian Government while at Indonesian flag. A police officer, Corporal ties. Some were released without charge, but the court to respect human rights in Agusto Pereira, was sentenced to 18 months on 23 May a military spokesperson in Dili East Timor he was severely beaten in prison and dismissed from the armed said that six of the eleven had been “de- and interrogated by the military police. forces by a military court in February 1994 tained for questioning” and that they might They threatened him by placing the for giving sanctuary to East Timorese resis- be brought to court if there was enough barrel of a pistol in his ear and he was tance leader, Xanana Gusmão, for three evidence against them. put in a cell and left there in total years prior to his capture in November In late June three of those detained - Pan- darkness...Since he continued to refuse 1992. Two more East Timorese were re- taleao Amaral, Miguel de Deus and Isaac to apologise to the judge and did not portedly sentenced to prison terms of three Soares - were tried at Dili District Court, admit to any wrongdoing, he was years each in June 1994 for raising the Fre- and sentenced to 20 months imprisonment never again brought to the court as a tilin flag on 17 July 1993, as a peaceful act each for expressing opposition to the gov- witness on the grounds that he was ill, of protest against Indonesian rule. ernment. According to reports, none of the when in fact he was not ill at all. Case Study: Peaceful Protesters De- three were accompanied by legal counsel, Cases Study: “Political Guidance” and tained and Tried, May 1994 either during interrogation or during their Detention without Trial trial. A spokesman for the court told the Twelve East Timorese were detained by At least fifty and possibly many more press that the three were found guilty of Indonesian military forces in May 1994 in East Timorese were detained prior to and “expressing anti-Indonesia sentiments in connection with their non- violent political during the visit to East Timor of a delegation front of the public on April 14.” Two others activities. They included José Antonio Ne- of US Congressional aides in September were due to be brought to trial on 21 or 22 ves arrested by military intelligence officers 1993. Many of those detained were report- June. One of them, Rosalino dos Santos, in Malang, East Java, and eleven others edly taken to the interior where they were was sentenced to 20 months in jail in early detained in Dili in the preceding weeks. Four enrolled in “political guidance” courses for July 1994 on similar charges. of them had been tried and sentenced by about one month before being released with- early July and were prisoners of conscience. Case Study: Unfair Political Trials and out charge. During the period of detention A leading member of the clandestine pro- Ill-treatment they were denied access to relatives and to independence East Timorese movement, and Addressing this Committee last year, the ICRC. As a condition for release, they a student at a theological institute in Ma- Amnesty International expressed particular were required to promise not to engage in lang, East Java, José Antonio Neves was concern at allegations that the authorities the “crime” of pro-independence political arrested by military intelligence authorities had obstructed the efforts of several East activity, and to swear an oath of allegiance at the main post office in Malang on 19 Timorese prisoners of conscience to file to the Indonesian Government. May 1994 and taken to a safehouse of the appeals against their sentences before the In early 1994 Amnesty International re- military’s intelligence unit (SGI). He was High Court. A letter received from the ceived a list of 74 people said to have been subsequently transferred into police cus- prison in late 1993 confirms that, for a pe- undergoing “political guidance” courses tody (POLRES Malang). Another student, riod or five months during and after the under military supervision in September Antonio Soares, was reportedly detained in trials, officials did impede some prisoners’ 1993. One of those named was José Manuel Malang later the same day and held briefly efforts to lodge appeals: da Silva Fernandes who had been arrested on for questioning before being released with- During this time, newspapers, offi- at least two previous occasions since Octo- out charge. cial documents etc., were not allowed ber 1989. Addressing this Committee in Colleagues said that José Neves had re- in; nor were the pens and papers August 1991, Amnesty International ex- cently returned from East Timor where he which prisoners needed to work on pressed concern that he had “disappeared” had been gathering information about human their appeal to the High Court...This after his arrest in November 1990. In April rights violations and political developments, prohibition led to the rejection of the of this year, the organization learned that he and that on his return to Malang he had prisoners’ appeals on the grounds of was in military custody in Viqueque. He is hoped to make this available to the interna- failure to present an appeal in accor- not known to have been tried. tional community. One source said that at dance with the Penal Code. On an- Further arrests were carried out in the the time of his arrest he was carrying a letter other occasion all documents relating weeks prior to a scheduled visit by Austra- from the current leader of the guerilla resis- to the legal proceedings were confis- lian Bishop Hilton Deakin in March 1994. tance, Konis Santana. The letter was to be cated, including the written sentence of After learning of the arrests and other re- read out at a conference on East Timor the District Court of Dili, and drafts of pressive measures Bishop Deakin cancelled which took place in Manila in early June. the appeal to the Court...Any attempt to his visit. Most of those detained were sub- Most or all of the eleven detained in Dili contact relatives was expressly forbid- sequently released without charge, but again had taken part in a peaceful pro- Page 22 East Timor Documents, Volume 30. July 13-14, 1994. on the condition that they would not repeat lends credence to claims that some survivors torture of political suspects in Indonesian their “crime.” were deliberately killed. A young man military custody, the organization believes named “Jos” (not his real name), who was that these allegations are credible and ought 3. EXTRAJUDICIAL EXECUTION wounded in the massacre, told Amnesty to be investigated promptly and impartially. AND “DISAPPEARANCE” International how four soldiers beat him on Impunity and the Fate of the Victims the head and chest with the butts of their It is nearly three years since Indonesian Important as it is to establish the precise automatic weapons after he had been felled security forces opened fire on a crowd of numbers of people killed, and the circum- by a bullet near the entrance to the ceme- peaceful pro-independence protesters in the stances in which they died, Amnesty Inter- tery. As he lay on the ground he could also Santa Cruz cemetery in Dili, killing an esti- national is concerned about two equally see soldiers assaulting his friend Simplicio mated 270 people, and precipitating the important issues: the need to bring the per- de Deus. He said the soldiers cut one of “disappearance” of some 200 others. The petrators to justice, and the need to identify Simplicio’s ears off and slashed the other massacre and its aftermath continue to be of the dead and reveal the whereabouts of their deeply with a knife. About 15 minutes later, critical significance in any assessment of the remains. In Amnesty International’s view, both “Jos” and Simplicio were thrown on to current human rights situation in East Timor the government has failed utterly to address the back of a military truck together with for at least three reasons. these issues in an adequate way. dozens of others. Most were already dead First, new evidence has emerged suggest- While 13 civilians involved in peaceful and the floor of the truck was wet with ing that, in addition to those shot or stabbed protest during and after the Santa Cruz mas- blood. “Jos” told Amnesty International at the cemetery, some protesters may have sacre were sentenced to terms of up to life that, while in the truck, he saw soldiers use been killed subsequently while in military imprisonment in 1992, the ten police and bayonets to stab at least one person who custody. Second, the government has yet to military officers tried in connection with was still alive. account adequately for the fate of the dead these events received sentences ranging from Allegations that civilians were deliber- and the “disappeared.” Finally, the govern- just eight to 18 months for disciplinary ately killed or “disappeared” after the mas- ment has failed to address the evident injus- offences. Despite substantial evidence of sacre have been corroborated by other reli- tice of sentencing peaceful protesters to deliberate killing and torture, none of those able sources, including the Catholic Bishop terms of up to life imprisonment while al- tried was charged with murder and only one of East Timor, Dom Carlos Filipe Ximenes lowing the perpetrators of the massacre to was charged with assault. Moreover, the Belo. Speaking in April 1994, Bishop Belo walk free after 18 months or less. higher ranking military officers, who were said: The “Second Massacre” ultimately responsible for the actions of I cannot tell you how many people their troops, have not been brought to jus- Evidence brought to light in the past six were involved but, naturally, there tice and there has been no indication that months suggests that a number of those were people who disappeared follow- they will be. wounded during the massacre and taken to ing the shooting, the massacre. I know The extreme disparity in the treatment of the military hospital in Dili were ill-treated what happened at 2000 hours [on 12 the military perpetrators of abuse and their or deliberately killed. One eyewitness has November 1991] - because four peo- civilian victims highlights a serious short- testified that some of the wounded at the ple were killed with sticks near my coming of government human rights policy hospital were hit with large rocks or crushed house at around 2300 hours. Then, and practice. As noted by the UN Special by military vehicles as they lay on the those young people I saw at the ceme- Rapporteur on extrajudicial, summary or ground, and that others were given poison tery’s chapel at 2300 hours, I went to arbitrary executions, in Indonesia and East pills and lethal injections. Addressing the look for them the following day at the Timor .”..the perpetrators of human rights UN Commission on Human Rights in hospital and they were not there. violations continue to enjoy impunity.” The March 1994, an employee at the military Information from government sources prosecutions of military and police officials hospital in Dili, João Antonio Dias, de- also lends support to claims that some of that followed the Santa Cruz massacre were scribed the scene there shortly after the those detained or hospitalized after the mas- an exception to the general rule insofar as massacre: sacre were deliberately finished off. An some members of the security forces were The trucks kept arriving with more official government list of 84 people said to tried and sentenced. Yet in most respects bodies. They drove right over the ones have died or “disappeared” after the massa- these trials reflected the general problem of that were on the ground. Some of the cre includes the names of at least 14 people impunity. wounded gesticulated, moving their reported by independent sources to have In contrast to the vigour with which they arms and legs to show that they were been detained (9) or hospitalized (5). This have sought to punish the survivors, the still alive, but the trucks did not suggests that at least 14 people may have Indonesian authorities have made only a stop...The military were looking for a been killed in custody, though the true figure perfunctory effort to identify those who quick way to get rid of the bodies and could be higher. died or “disappeared” during and after the the survivors...They went to the store- Due to restrictions on access to the terri- Santa Cruz massacre. In the past two years room...took jars of pills, and started tory, Amnesty International has not been they have provided clarification to the UN giving two pills and a glass of water to able to verify independently all of the claims on the fate of only a small fraction of the each wounded person. After taking recently made concerning a “second massa- people reported to have “disappeared” on these pills, the wounded started to lose cre.” However, it notes that the allegation of or about 12 November 1991. The govern- their strength and their breathing be- deliberate killings in the days and weeks ment has located the remains of only 19 of came weaker... After a while, the sol- after the massacre is consistent with infor- the dead, and only one (the New Zealander, diers returned to check whether they mation previously reported by the organiza- Kamal Bamadhaj) has been positively iden- were dead. They killed anyone who tion. Moreover, in view of the fact that the tified. They have failed to account for the was still alive by crushing their skulls ICRC, relatives, and the UN Sp ecial Rap- whereabouts of some 200 reported as “dis- with huge stones. porteur on torture were all denied access to appeared” and as many as 270 believed to Testimony about the behaviour of sol- those detained or hospitalized, and given the have been killed during and after the massa- diers during and shortly after the massacre long-standing pattern of ill-treatment and East Timor Documents, Volume 30. July 13-14, 1994. Page 23 cre. In a letter to US First Lady Hilary Clin- to justice. In one case mentioned by Am- secret unmarked grave, where they remained ton, dated 10 September 1993, the mothers nesty International in its statement to this until discovered by relatives two days later. of many of those who “disappeared” or died Committee last year - that of Carlos who Another victim was a 30-year-old woman at Santa Cruz expressed the anguish caused died after being beaten in custody on 11 named Joana Soares, killed by soldiers in the by the government’s failure to act: April 1993 - police authorities promised to village of Onu Larau, Bartoli, Viqueque Dis- As mothers of the disappeared and bring the perpetrators to justice. Amnesty trict in October 1993. According to reports, dead children, we are still living in the International wrote to the authorities re- the soldiers first stabbed her to death then silence of this horrendous pain, with- sponsible in April 1993 welcoming this mutilated her sexual organs with a knife. The out knowing where the graves of our news and seeking information on the meas- same report said that four eyewitnesses - beloved martyred children are. We ures taken. As of early July 1994 they had Antonio Amaral, Tomas Gomes, Manuel demand that the Indonesian Govern- not replied. Amaral, and João Soares - were subse- ment return the bodies of our children. Government authorities did respond to quently killed by soldiers, but precise de- The government has attempted to evade appeals on behalf of one man, Gaspar Car- tails about the circumstance of their death its responsibility to account for the dead los Xavier, whom Amnesty International were not known. and “disappeared” by publishing informa- feared had “disappeared” after being ar- tion which is false and misleading. Most rested by military authorities in September 4. THE QUESTION OF ACCESS seriously, in letters to the UN’s Assistant 1992. However, their replies did little to In the two-and-a-half years since the Secretary General for Human Rights (dated allay fears for his safety. In two separate Santa Cruz massacre, the Indonesian Gov- 13 September and 29 November 1993), the communications dated 9 November 1993 the ernment has frequently stated its commit- Indonesian Government claimed that, as a government con-firmed that Gaspar Carlos ment to improving access to East Timor by result of its investigations, the number still Xavier had been arrested in Kupang, West human rights and humanitarian organiza- missing after the massacre had been reduced Timor, in September 1992 on suspicion of tions, as well as the international media. To from 66 to 56. However, of the ten people involvement in East Timor’s underground its credit, in the past year the government the government claimed had reappeared, resistance. However, the letters made it clear has permitted a wide range of official delega- only two were actually on the government’s that he had not been detained in a recognized tions - including parliamentarians, members own list of 84 dead and missing. Of the prison but held in an unofficial detention of church organizations, journalists, and remaining eight people that the government centre at the discretion of military authori- representatives of some human rights or- claimed had reappeared, four were actually ties. Apparently seeking to evade responsi- ganizations - to visit the territory. The gov- unidentified corpses, with no known con- bility for his “disappearance” the govern- ernment has also facilitated improved ICRC nection to the Santa Cruz massacre. Even ment said that he had “abused” the “good access to tried prisoners in the past year, the government, in a separate passage of its treatment and trust given him” and had “es- and in January 1994 it invited the UN Sp e- letter of 13 September 1993, admitted that caped” from custody in December 1992. In cial Rapporteur on extrajudicial, summary or .”..it could not be ascertained if these were offering this explanation, the government arbitrary executions to visit. the remains of persons considered missing demonstrated a lack of understanding of its Nevertheless, serious obstacles remain to after the Dili incident.” responsibilities for the safety of detainees the proper monitoring and investigation of The Killing Continues and highlighted the vulnerability of all de- human rights in East Timor. Some interna- tainees held in unofficial military detention tional human rights organizations continue There has been no single incident of ex- without charge or trial. to be denied access altogether. Despite nu- trajudicial execution on the scale of the Santa merous requests and repeated public assur- Cruz massacre since November 1991, but Case Studies: Recent Extrajudicial Exe- ances that the territory is open to all, Am- political killings continue. In the period cutions nesty International has not been permitted January 1993 to mid-1994 Amnesty Inter- Two recent victims of apparent extraju- to visit. The organization’s most recent national has received reports of the extraju- dicial execution were Francisco and Eusebio, request was outlined in a letter to Foreign dicial execution by government forces of the sons of Deolinda and Laura of Leolima Minister Ali Alatas, dated 6 May 1994, more than 20 East Timorese, and the unlaw- village in Ainaro District. According to re- written after the Foreign Minister made a ful killing of seven civilians by opposition ports they were shot by soldiers of Battal- public announcement that the government forces (see Appendix III). The victims have ions 726 and 1633 on 10 January 1994 after wished to open a dialogue with Amnesty come from all walks of life, but the most refusing to allow the soldiers to confiscate International. As of early July 1994 the vulnerable have been people living in areas their family’s water buffaloes. Francisco government had not replied. of suspected rebel activity, where Indone- died immediately from gun- shot wounds Even where formal access is granted, the sian combat troops continue to conduct while Eusebio was wounded and taken away political and security situation in East intensive counter-insurgency operations. by the soldiers. His whereabouts remained Timor presents all human rights monitors Continued restrictions on access to the terri- unknown at the end of February 1994, after and visitors with unique difficulties. What- tory, and obstacles to proper human rights which no further information was available. ever guarantees may be offered in advance monitoring, make it difficult to confirm Also killed in apparent extrajudicial exe- by the Indonesian Foreign Ministry, all these reports but Amnesty International cutions in the past year were two men official visits - whether by parliamentarians, believes that the allegations are sufficiently named Armando and Vicente, village heads journalists, diplomats or UN representatives grave to warrant thorough and impartial of Waige, Vemasse, Baucau District. Ac- - are closely monitored by local military investigation. cording to reliable sources, they were shot authorities, and particularly by its far- As in past years, there has been no indi- dead on 5 August 1993 by soldiers of the reaching intelligence apparatus. cation that the Indonesian authorities have elite Special Forces Command, Kopassus Official delegations to East Timor find, conducted proper investigations into the (Komando Pasukan Khusus), whose units almost without exception, that they are reported killings and “disappearances” and, are notorious for their poor human rights prevented on various pretexts from visiting in keeping with established practice, none of record in East Timor and Indonesia. The specific locations or meeting certain people. those believed responsible has been brought soldiers reportedly buried their bodies in a Most also find that visits to alternative Page 24 East Timor Documents, Volume 30. July 13-14, 1994. locations have been organized on their be- Apart from their reputation as outspoken ment the concrete recommendations of the half, thereby affording the authorities an advocates of East Timor’s independence, UN Special Rapporteur on torture. Political opportunity to prepare the scene in advance the prisoners - Filomeno da Silva Pereira, imprisonment after unfair trial, and short- and to ensure that time is spent in an un- Francisco Miranda Branco, Gregorio da term arbitrary detention remain common- productive way. Plainclothes intelligence Cunha Saldanha, Jacinto das Neves place. The government has failed to clarify officers and minders from the Foreign Min- Raimundo Alves, Juvencio de Jesus Mar- the fate of more than a small fraction of an istry accompany delegations everywhere, tins, and Saturnino da Costa Belo - had one estimated 270 people killed and 200 others and all contact with the local population is thing in common which might have made the thought to have “disappeared” during and closely monitored. Those suspected of Indonesian authorities especially anxious to after the Santa Cruz massacre. The officers sympathy with the independence movement limit their contact with the Special Rappor- ultimately responsible for the killings have are warned in advance against approaching teur: they were witnesses to the Santa Cruz yet to be brought to justice, while civilians the delegation or undertaking any sort of massacre. who survived the massacre or protested demonstration. The prisoners were initially reported to against it continue to serve lengthy prison Fully aware that they will be identified have “disappeared.” Relatives who went to terms. Meanwhile, further extrajudicial exe- and their remarks recorded by Indonesian the prison in Dili for a regular visit were cutions and “disappearances” have been officials, most East Timorese are likely to be reportedly told by other prisoners there that reported during the year. Serious restrictions too frightened to approach a visiting delega- the six had been led away in handcuffs by a remain on effective human rights monitoring, tion. Their fears are well founded. With the unit of the Police Mobile Brigade in the and some human rights organizations, in- exception of a handful of well-known church early morning hours of 9 or 10 June. As of cluding Amnesty International, continue to or government personalities, those who do 12 June, relatives had been unable to locate be denied entry to the territory altogether. so are almost always subsequently detained. the six at other prisons and military installa- While the government’s decision to invite The best-known activists are commonly tions in the city, and the authorities denied the UN Special Rapporteur on extrajudicial, held without charge in the days and weeks any knowledge of their whereabouts. Indo- summary or arbitrary execution to visit East prior to an official visit. Sentenced political nesian human rights organizations later dis- Timor in July 1994 was a welcome step, prisoners are also subject to various kinds of covered that they had been taken to a prison concern remains about the conditions under control designed to prevent them from in Semarang, Central Java. Indonesian mili- which all such official visits take place. communicating with the outside world, and tary authorities confirmed on 13 June that The principal responsibility for improv- with domestic human rights organizations. the six had been transferred to Semarang ing the human rights situation in East Timor Case Study: Prisoners of Conscience prison over the weekend. unquestionably rests with the Government Moved Amnesty International welcomed the of- of Indonesia. However, the international ficial clarification, but expressed regret that community necessarily shares some respon- In June 1994 six East Timorese prisoners the authorities had failed to inform relatives sibility, particularly in view of East Timor’s of conscience serving sentences between in advance of the move, thereby causing unresolved political status. The organization five-and-a-half years and life imprisonment considerable distress and concern for the therefore offers the following set of recom- for their non-violent political activities, were prisoners’ safety. It remains concerned that mendations to the Government of Indonesia, transferred secretly from Dili to a prison the prisoners are being held hundreds of and to member states of the UN, in the be- several hundred miles away. The six had miles from their homes, making visits by lief that if implemented, they would go managed to stage a small pro- independence relatives and friends extremely difficult. some way toward improving the situation. protest during a prison visit by foreign jour- Finally, in view of the fact that the six have nalists in April 1994, causing the govern- Recommendations to the Government of been imprisoned for their non-violent politi- ment considerable embarrassment. One of Indonesia cal beliefs and activities, Amnesty Interna- the journalists who visited Dili in April 1. Take immediate steps to implement the tional believes that they should be released reported that, despite efforts by prison concrete recommendations of the UN immediately and unconditionally. warders to prevent him, one of the prisoners Special Rapporteur on torture. In par- shouted from his cell: 5. CONCLUSIONS AND ticular ensure that all persons deprived of They accused me of political crimes RECOMMENDATIONS their liberty are held in an officially rec- and tortured me with electric shocks, ognized place of detention and are but they are invaders of my country The human rights situation in East Timor brought before a judicial authority and I don’t accept their verdict. They remains serious in 1994 and, despite its promptly after arrest; and that all detain- prohibited us from talking to you and often stated commitment to the protection ees are given prompt and unrestricted ac- will punish us for this but we have to of human rights, the Government of Indone- cess to legal counsel of their own choice, speak out. sia has done little to address the root causes as required by Indonesian and interna- The Indonesian authorities claimed the of the problem. This report has highlighted tional law. prison move was a routine matter. However, four particular areas of concern - torture, political imprisonment, extrajudicial execu- 2. Release all East Timorese prisoners of given the background of the six prisoners it conscience immediately and uncondition- appeared likely that the move was intended tion and access to human rights monitors - both because they demonstrate the con- ally, and cease the practice of short-term to avoid embarrassment to the Indonesian arbitrary detention of peaceful political authorities during future official visits to tinuation of a long-standing pattern of abuse in East Timor, and because they appear to opponents and human rights activists. East Timor. The timing of the transfer sug- 3. Account fully for the dead and the “dis- gested that it may have been designed to have been ignored or seriously misunder- stood by member states of the UN. appeared” from the Santa Cruz massacre make it more difficult for the prisoners to and its aftermath; and bring promptly to communicate with the UN Special Rappor- Torture and ill-treatment continue to be used routinely to intimidate suspected po- justice all those ultimately responsible teur on extrajudicial, summary or arbitrary for the Santa Cruz massacre. executions, who was scheduled to visit Ja- litical opponents of Indonesian rule and to karta and East Timor just a few weeks later. extract political intelligence. At the same 4. Permit all qualified observers and organi- time, the government has failed to imple- zations - including those that have been East Timor Documents, Volume 30. July 13-14, 1994. Page 25

critical of Indonesia’s human rights re- tion, and the Working Group on Enforced are treated humanely, and that their rights cord - to visit East Timor on a regular ba- or Involuntary Disappearances. are fully respected, and to take further ap- sis; and guarantee the safety of those propriate measures aimed at the early re- APPENDIX I: who seek to provide information to visi- lease of those convicted. The Commission is tors about human rights questions. Consensus Statement concerning East encouraged by greater access recently 5. Invite the UN Special Rapporteur on Timor read by the Chairman at the 50th granted by the Indonesian authorities to torture, the UN Working Group on Arbi- Session of the UN Commission on Hu- human rights and humanitarian organisations trary Detention, and the UN Working man Rights, Geneva, 8 March 1994 as well as international media and calls upon Group on Enforced or Involuntary Dis- Following consultations, I would like to them to continue this policy of expanding appearances to visit East Timor. make a statement announcing what has been access. agreed by consensus by the Commission on The Commission welcomes the undertak- Recommendations to UN Member States the situation of human rights in East Timor. ing by the Government of Indonesia to in- 1. Call upon the Indonesian authorities to “The Commission on Human Rights dis- vite the Special Rapporteur on Extrajudicial, implement the recommendations of the cussed the human rights situation in East summary or arbitrary executions to visit UN Special Rapporteur on torture. Timor. The Commission notes with concern East Timor and to submit his report to its 2. Express concern about the routine im- continuing allegations of human rights viola- fifty-first session. In the same spirit, the prisonment of the government’s political tions in East Timor, while recognising the Commission takes note of the intention of opponents in East Timor, and call for the positive measures taken by the Government the Government of Indonesia to continue to immediate and unconditional release of all of Indonesia to improve the situation. cooperate with other relevant thematic Sp e- prisoners of con-science. The Commission recalls the undertakings cial Rapporteurs and/or Working Groups 3. Urge the Indonesian authorities to ac- by the Government of Indonesia to promote and to invite them to visit East Timor when count fully for the dead and “disap- human rights in East Timor and those con- necessary for the fulfilment of their duties. peared” from the Santa Cruz massacre tained in the consensus Chairman’s State- The Commission welcomes the current and its aftermath; and express concern at ment at its 48th session on the matter, and dialogue between Indonesia and Portugal the government’s failure to bring to jus- stresses the need to take further steps to- under the auspices of the UN Secretary- tice all those ultimately responsible for wards its implementation. A matter of pre- General and encourages him to continue his the Santa Cruz massacre. occupation of the Commission is the in- good offices in order to achieve a just, com- prehensive and internationally acceptable 4. Encourage the government to improve complete information concerning the number of people killed and the persons unac- settlement to the question of East Timor. In access to East Timor by human rights or- this context, the Commission stresses the ganizations, including Amnesty Interna- counted for as a result of the Dili violent incident of 12 November 1991. While ac- importance of the understanding reached on tional, and to put an end to the legal and confidence building measures between the other obstacles that continue to impede knowledging the efforts made to account for those persons, the Commission calls upon two governments and welcomes the recent the work of international and domestic mission undertaken by Mr. Francesc Ven- human rights and humanitarian bodies. the Government of Indonesia to continue its investigations on those still missing and the drell as representative of the Secretary- 5. Welcome the government’s decision to circumstances surrounding the matter. General in order to promote further progress invite the UN Special Rapporteur on ex- The Commission expressed the hope that in that dialogue. The Commission requests trajudicial, summary or arbitrary execu- the cooperation between the ICRC and the the Secretary-General to keep it informed on tions to visit East Timor in 1994, and Government of Indonesia will continue. It the situation of human rights in East Timor suggest that it also extend invitations to calls upon the Indonesian authorities to and will consider it at its fifty-first session.” the UN Special Rapporteur on torture, ensure that those East Timorese in custody the Working Group on Arbitrary Deten- Page 26 East Timor Documents, Volume 30. July 13-14, 1994.

APPENDIX II: LIST OF TRIED POLITICAL PRISONERS FROM EAST TIMOR Name Sentence Prison Alleged Offence Albino Lourdes (m) 17 years, 17/01/85 Cipinang, Jakarta Fretilin Marito Mario Nicolaudos Reis (m), 17 years 18/11/84 Cipinang Fretilin Alfonso Rangel (m) 5 years */10/91 Dili Stealing “secret documents" Amarão de Araujo (29,m) 3 years Dili Stealing “secret documents” [Prisoner is the brother in-law of Felesmina dos Santos Conceião ] Felesmina dos Santos Conceião (f,29) 5 years Dili Stealing “secret documents” [Prisoner is the sister-in -law of Amarão de Araujo ] Aleixo de Silva Gama (22,m) 27 months (Re- Dili Motael Church incident 28/10/91 leased) João dos Santos (23,m) 2 years (Released) Dili Motael Church incident 28/10/91 Boby Xavier (19,m) 3 years LP Kupang, West Timor Motael Church incident 28/10/91 Bonifacio Bareto (m) 20 months (Re- Dili Motael Church incident 28/10/91 leased) Jacob da Silva (m) 2 years (Released) Dili Motael Church incident 28/10/91 Bonifacio Magno Pereira (34,m) 6 years LP Kupang, West Timor Santa Cruz demonstration, 12/11/91 Carlos dos Santos Lemos (30,m) 8 years LP Kupang, West Timor Santa Cruz demonstration, 12/11/91 Francisco Miranda Branco (40,m) 15 years LP Semarang, Central Java [Secretly Santa Cruz demonstration, 12/11/91 transferred from Dili, 11/6/94] Filomeno da Silva Pereira (33,m) 5 yr. 8 month LP Semarang, Central Java [Secretly Santa Cruz demonstration, 12/11/91 transferred from Dili 11/6/94] Gregorio da Cunha Saldanha (28,m) Life LP Semarang, Central Java [Secretly Santa Cruz demonstration 12/11/91 transferred from Dili 11/6/94] Jacinto das Neves Raimundo Alves (33,m) 10 years LP Semarang, Central Java [Secretly Santa Cruz demonstration 12/11/91 transferred from Dili 11/6/94] Juvencio de Jesus Martins (32,m) 6 yr., 10 month LP Semarang, Central Java [Secretly Santa Cruz demonstration 12/11/91 transferred from Dili 11/6/94] Saturnino da Costa Belo (m) 9 years LP Semarang, Central Java [Secretly Santa Cruz demonstration 12/11/91 transferred from Dili 11/6/94] Fernando de Araujo, (25,m) 9 years Cipinang, Jakarta Peaceful demonstration in Jakarta, 19/11/91 João Freitas da Camara (36,m) 10 years Cipinang, Jakarta Peaceful demonstration, Jakarta 19/11/91 Virgilio da Silva Gutteres (25,m) 2 years, 6 months Cipinang, Jakarta Peaceful demonstration Jakarta, 19/11/91 (Released, April 1994) Agapito Cardoso (m) 10 months (Re- Cipinang, Jakarta Santa Cruz demonstration Jakarta 19/11/91 leased 1993) Domingos Barreto (m) 6 months (Released Cipinang, Jakarta Santa Cruz demonstration Jakarta 19/11/91 1992) Xanana Gusmão (45,m) 20 years [Sen- Cipinang, Jakarta Rebellion & illegal possession of firearms tenced reduced from life by President, August 1993] Corporal Agusto Pereira (m) 18 months Dili Providing sanctuary to Xanana Gusmão Alberto Rodrigues Pereira (22,m) 22 months Dili Destroying an Indonesian flag (1993) Pedro Sarmento da Costa 1 year Dili Defacing a banknote (asking for compensation for Santa Cruz victims) Miguel de Deus (m) 20 months Dili Peaceful protest Dili, 14/4/94 Isaac Soares (m) 20 months Dili Peaceful protest, 14/4/94 East Timor Documents, Volume 30. July 13-14, 1994. Page 27

Pantaleao Amaral (m) 20 months Dili Peaceful protest, 14/4/94 Page 28 East Timor Documents, Volume 30. July 13-14, 1994.

APPENDIX III: TABLE A - REPORTED EXTRAJUDICIAL EXECUTIONS BY GOVERNMENT FORCES IN EAST TIMOR, JANUARY 1993 TO JUNE 1994 Name(s) Residence Date/place killing Alleged Perpetrators and details Francisco (48) (m) Village head Suco Dili, 28 February 1993. Ten “Nanggalas” (members of Komando Pasukan Khususor Kopassus). de Balibar Office of military intelligence, Arrested and taken to SGI headquarters in Dili; died in custody. Witnessed by 6 East SGI (Satuan Gabungan Timorese. Intelijen) in Farol, Dili. José Antonio (22) (m) Santa Cruz, Dili mid-March 1993 "Ninjas” (police-backed vigilantes) Paulo Jeronimo (m) Killed by Ninjas at about 7pm while on their way home. Roberto Belo (m) Carlos (30) (m) Lahane, Dili 11 April 1993. Lahane Vil- Two police officers and a village headman, identified as TAB. Different report says lage Office, Dili. perpetrators were members of Army Battalion 507. Reports vary. One says Carlos was beaten in custody at Lahane Village Office by village head and two police then taken to Dili Police station. Hospitalised due to inju- ries, released, then died at home a few hours later. Different report says he was ar- rested one week earlier by military intelligence (SGI), then rearrested and beaten by three soldiers, not police. Another says he had been wounded and arrested after Santa Cruz, then arrested by members of Battalion 507 on 10.4.93, and killed at 1am the following morning. Corpse left in front of Chinese cemetery, Dili. Chief of Police for East Timor (Noegroho Djajusman) promised a full investigation but no sign that perpetrators were brought to justice, by July 1994. AI wrote to Noegroho on 4 May 1993, and to a local parliamentarian on 30 April 1993, but by July 1994 had received no replies. Armando (m) Heads of Waige 5 August 1993 at 7pm. Soldiers of “red berets” (i.e. Komando Pasukan Khusus or Kopassus) Vicente (m) village, Vemasse, Waige, Vemasse, Baucau. The two men were shot dead. Armando received three bullet wounds and Vicente Baucau. seven. Soldiers buried them in secret. Families frightened to look at first but found their bodies on 7 August 1993. Joana Soares (30) (f) Luwa, Viqueque October 1993. Onu Laran, Indonesian military, identified only as “Armed-4,” not a familiar appellation. Antonio Amaral (37) (m) Bartoli, 8km east of Vique- Joana Soares raped and then killed with a knife; her sexual organs cut after she was Tomas Gomes (41) (m) que. Place of killing four killed. Four witnesses then reportedly shot dead; one other man - José Soares - re- João Soares (32) (m) others unclear. portedly wounded at Ai-Na-Bein, Bartoli, Viqueque. Manuel Amaral (40) (m) Six people Osoala, Baucau 28 October 1993. Osoala, Indonesian troops; unspecified. Baucau. Opposition source claims the six were suspected members of the underground, while Indonesian military authorities claim they were killed by Falintil guerrillas (See Table B). Later information suggested they may have died in a non-political family dispute over land. Tomas Guterres (29) (m) Baguia, Baucau 5 January 1994. During military operation checking identity cards along main roads into Dili; precise Duarte Ximenes (17) (m) place of capture, detention and killing unknown. Possibly detained in Baucau. Matias da Costa (27) (m) Laga, Baucau Soldiers of Combat Detachment 515 (Detasemen Tempur 515), on the order of Lt. Col. Sarining Setoyo Utomo, Reg No. 28498. Iliomar, Los Palos Allegedly died in military custody following ill treatment and torture. No details of treat- ment. Arrest occurred during military operations prior to the visit to East Timor of Portu- guese General Carlos Galvao de Melo and Dr. Manuel Tilman. Earlier, opposition source claimed Duarte Dias and Matias da Costa were executed in Colmera prison 28/10/93 but Government denied this and claimed they were still alive. Francisco (m) Fatudu, Ainaro 10 January 1994. Near Soldiers of Indonesian Army Battalions 726 and 1633. Eusebio (m) “disap- Leolima village, Fatudu, Young brothers shot by soldiers after they refused to allow soldiers to take their water- peared” Ainaro. buffaloes. Francisco died immediately. Eusebio was wounded and taken by soldiers; Sons of Deolinda and whereabouts unknown as of end February 1994. Laura of Leolima Petrus Tomae (32) (m) East Timorese 29 January 1994. Found in Unknown. worker at PT Citeureup River, Bogor, near Victim’s corpse showed signs of physical abuse, leading human rights activists to Indocement, factory where he worked. suspect he had been murdered by security forces or company guards. This suspicion Citeureup, Bogor, was fuelled by lethargic police investigation. West Java APPENDIX III: TABLE B - REPORTED KILLINGS BY OPPOSITION GROUPS IN EAST TIMOR, JANUARY 1993 TO JUNE 1994 Name(s) Residence Date/place killing Alleged Perpetrators Extra details East Timor Documents, Volume 30. July 13-14, 1994. Page 29

Six Villagers Osoala, Baucau 5 October 1993. Falintil guerrillas Military sources claim the six were killed by Falintil, while opposition Osoala, Baucau source claim they were killed by government troops (See Table A). Later information suggested it may have been a family dispute, not politically motivated. Village Head 2 February 1994. Falintil guerrillas Victim was an alleged informer for Indonesian intelligence. After his death, Atsabe, Letifoho, Er- the parish priest for Ermera, Father Domingos Soares, was called in for mera District questioning in Dili. Fifteen people from the same village arrested.

APPENDIX IV: LETTER TO AMNESTY sentenced by the Court of Indonesia - five in pressly forbidden for five months, including INTERNATIONAL FROM relation to the events of 28 October 1991 at contact with some relatives of the prisoners Motael Church, and seven in connection who were seriously ill. This situation only CONFIDENTIAL SOURCE IN BECORA with the events of 12 November 1991 - ‘improved’ during the preparations for the PRISON, DILI were placed in the military prison of Balide Human Rights conference in Geneva, when A Short report on the Condition and (formerly Comarca), notorious to the prisoners were gradually allowed more con- Situation of Political Prisoners Timorese people for the barbaric treatment tact with their families; at first one hour per a) Following the tragic events of 12 No- meted out to the political prisoners that are week, then up to two hours per week. Mass vember 1991, the survivors were arrested held there. The prison building is old, a leg- was also allowed, in the presence of canon- and taken to the police prison in Comoro. acy of the Portuguese colonial government. esses and a Jesuit priest who came to cele- They remained in this prison from 12 No- The inhumane conditions, including the lack brate mass every Sunday, with the partici- vember to 20 August 1992. Provisions in of ventilation, the damp floor - the place is pation of the prisoners’ families. this prison were minimal; i.e. there were six situated on marshy ground - the unbearable c) In the interests of good international cells, two of which had no roof, and were heat, exacerbated by the building’s very low public relations/diplomacy with regard to exposed to the air. The number of prisoners roof, and the location of the cells, separated respect for human rights in East Timor and at the time totalled 37. The cells were very one from the other, combined to create sur- the treatment of political prisoners and in small for the number of inmates, five square roundings of total isolation and gloom. In preparation for the visit of the Special En- metres per five to eight prisoners. Water this prison the prisoners above-mentioned voy of the Secretary General of the UN, was in very short supply, the food was endured total isolation for five months. Mr. Amos Wako, on 5 April 1993, the pris- wretched and the prisoners slept on the They had no contact with relatives or law- oners were transferred from the military damp ground, without mats. All these fac- yers, nor with the prisoners who ‘lived’ in prison of Balide to the civilian prison of tors contributed to a deterioration in the the other cells. In addition to this, the pris- Becora. This prison building is new, re- physical condition of the prisoners, many of oners were not allowed fresh air and had to cently built and with 19 cells. It covers whom, like Boby Xavier, Antonio Belo and sleep on the damp ground, a factor which about 900 square metres, with walls about Francisco (from Viqueque), began to suffer contributed to the physical deterioration of 3.5 metres high. The cement floor is damp in from lung ailments. There was a lot of ma- the inmates and caused four of them to be- the area where the prisoners are lodged, one laria, owing to the huge numbers of mosqui- come seriously ill with anaemia and malaria. to a cell, without beds, and prisoners’ re- toes, and the lack of fresh air undermined One of these, Bonifacio Barreto, needed quests for beds and cushions have been the health of a large number of prisoners, urgent and intensive treatment and was rejected out of hand. The isolation continues many of whom also contracted anaemia. The taken to the Military Hospital after his as before. Contact with other prisoners is prisoners were not allowed to take mass or prison inmates had made insistent protests expressly forbidden and if any of these try have contact with priests, except at Christ- and pleas on his behalf. The outbreak of an to contact the prisoners of 12 November mas and Easter. epidemic affected all 13 prisoners in the cell. 1991 they are severely punished. Fresh For about a month the prisoners were not News of the incident was covered in the restrictions have been placed on family vis- allowed contact with their families. After international press, leading the Government its. Officially prisoners are allowed one hour that daily contact with the families was of Occupation to intervene and nominate a per week, but in practice only 45 minutes. allowed. Later, when the prisoners chose the medical team, comprising military doctors of Before visits the prisoners are searched at a YLBHI lawyers for their defence, rejecting the army, navy and air force. Subsequently post very close to the prison, as are the the local lawyer proposed by the Govern- the prisoners were allowed outside their families, both before and after a visit. Even ment, this contact was reduced to three cells to take the sunlight and fresh air. then, they are required to possess the neces- times a week and restricted by glass screens. During this time newsletters, official sary authorization from the Court of Dili. Restrictions placed on contact with fami- documents, etc., were not allowed in; nor This has to be obtained two days before- lies increased again when the trial began. were the pens and papers which the prison- hand and often the relatives are subjected to Relatives were only allowed to visit the ers needed to work on their appeal to the humiliating treatment and derision when prisoners after obtaining due authorization High Court of Indonesia, which was then news from abroad is not favourable to the from the Court. Meetings with relatives taking place. This prohibition led to the Indonesian Government. took place in the presence of the Deputy rejecting of the prisoners’ appeals by the Medical care is non-existent. To give an Prosecutor of the Republic (Jaksa). The Court on the grounds of failure to present an concrete example, Gregorio de Cunha prisoners and their families were the targets appeal in accordance with the Penal Code Saldanha is currently suffering from a debil- of continual threats, intimidation and hu- (KUHP). On another occasion all docu- ity in the arms as a result of lack of medical miliation throughout the trial period. Their ments relating to the legal proceedings were attention. (One arm was broken in a fall at houses were placed under continual surveil- confiscated, including the written sentence the military prison of Balide four days be- lance by strangers in civilian clothes, inflict- of the Court of Dili and drafts of the appeal fore being transferred to Becora). It is to be ing fear and distress on the occupants. to the Court, which was about to come to a feared that if in future something serious b) From 20 August 1992 to 5 April 1993 half owing to lack of official documents, etc. happens to one of the prisoners it will be the prisoners, 13 in all, who were tried and Any attempt to contact relatives was ex- difficult to get prompt and adequate treat- Page 30 East Timor Documents, Volume 30. July 13-14, 1994. ment, in view of the fact that for such arrested and held under investigation for a threats of persecution, as was said by the treatment it is necessary that there be some week. He was subsequently released into judge in the course of the trial proceedings. coordination between the different military conditional liberty, required, that is, to pre- When the Conference of Non-Aligned and civil institutions (according to the ex- sent himself three times a day at the intelli- Countries was held in Jakarta in November planations given on a number of occasions gence authorities’ command post in Baucau. 1992 many young nationalists were arrested by the prison officials). His brother, Custodio de Jesus, a 19- and taken to secret prison locations in Dili On 7 April 1993, after the visit of Mr. year-old student, has been imprisoned at in the wake of an attempt by the young Amos Wako, seven of the 13 political pris- SGI in Dili since 5 October 1992. And an- people to hold a peaceful demonstration in oners were deported from the territory other brother, Alcino Belo, aged 25, was Dili in protest at the arbitrary and illegal without prior warning being given to their barbarically murdered by the military in the actions of the Indonesian Government in families, and the remaining prisoners are course of reprisals for the attack made in East Timor. waiting the same fate. Baucau by nationalist guerrillas on 5 Octo- Afterwards some of the detainees were A part of the result of the appeal to the ber 1992. After being wounded, Alcino Belo taken to the same prison where we being High Court had already come to the knowl- was subjected to intensive interrogation by held, the military prison of Balide. In the edge of the prisoners. The appeals of Gre- the intelligence forces, with the aim of ob- prison, from their cries of pain and distress, gorio de Cunha Saldanha and Juvencio de taining information on the underground or- we became aware of the severity of the Jesus Martins, were not accepted on ganisations existing in Baucau. Because he treatment to which they were being sub- grounds of the failure to present an appeal remained silent, stubbornly refusing to give jected. We later learned that the detainees document, as mentioned above. On the other information, he was severely tortured and were being held in a block where the cells are hand the prisoners were approached through they crucified, on a cross, in an imitation of in much worse conditions that those else- representatives of the Government Prosecu- the crucifixion of Christ at Calvary, and on where in the prison; i.e. they were being tion Department (Jaksa) to sign ‘Grasi’ the cross he drew his last breath. This act held without water and without light, in fact appeals to the President of Indonesia. The was carried out behind the Military Hospi- in pitch darkness, even during daylight, and prisoners refused to do so. These overtures tal building of Baucau, located in the small the cells were filthy. According to the in- were made on several occasions, and the town of Kaibada, on 6 October 1992, at formation we obtained in that prison, the prisoners were brought a declaration made night. following happened to these prisoners: by Sudjono, supposed lawyer for the na- During the trial of the national leader, They were thrown out of their cells late tional leader, Xanana Gusmão, in which he Xanana Gusmão, Saturnino was taken to at night and forced to wash in a tank of wa- declares in the name of his client, Gusmão’s court to testify. Because of the demand he ter. Then, in their wet clothes, they were interest in petitioning the President. Never- made to the Indonesian Government while returned to the respective cells and left to theless, approaches of this nature were al- at the court to respect human rights in East sleep on the damp ground, without mats or ways rejected by the political prisoners. To Timor he was severely beaten and interro- covers. judge from the previous experiences of other gated by the military police. They threat- They were only allowed to eat twice a political prisoners, it is likely that other ened him by placing the barrel of a pistol day, and the rations were minimal. They kinds of approaches will be made, accompa- inside his ear and he was put in a cell and remained in their cells for weeks on end, nied by physical coercion. left there in total darkness, including during deprived of the opportunity to wash or take d) Another matter to which attention the day. Since he continued to refuse to fresh air. should be drawn is the situation of the po- apologise to the judge and did not admit to Their families, shocked and distressed, litical prisoner, Saturnino da Costa Belo. He any wrongdoing, he was never again brought were consistently refused reliable informa- was arrested in Dili and subsequently trans- to court as a witness by Indonesian Gov- tion as to their whereabouts. ferred to Baucau, where he was brought to ernment agents, on the basis of the ‘Pers’ After weeks of detention in that prison trial. He remained for a year in Baucau be- that the witness was ill and suffering from they were removed at dead of night by mili- fore being transferred, together with other migraine, when in fact he was not ill at all. tary personnel, and up till now their where- political prisoners connected with the It should be pointed out that the political abouts are unknown. events of 12 November 1991 in Dili. While prisoners of 12 November 1991 are being Their details are as follows: in Baucau he was badly beaten, both at the subjected to a very ‘special’ treatment com- 1. Marcos (Madini), 36 years old prison and at the courthouse, during the pared to the other prisoners. This violates 2. Gaspar Julião, 30 years old from Culu- trial. He was kept in a cell during this entire Indonesia’s own laws, since the Penal Code Hun, arrested in Cupao period, refused access to fresh air or contact contained no reference to a ‘special’ cate- 3. Arnaldo, 41 years old, from Hilok Laram with his family. During his trial, and also gory of treatment for prisoners, whatever while at the prison, he declared his opposi- their crime. We wish to end our brief report 4. Arnaldo, 29 years, from Vilaverde tion to the Indonesian military occupation by bringing attention the following facts; 5. Goveia, 25 years old, from Matadouro of East Timor and because of this he was During the period of pre-trial investigation Despite their families’ insistent pleas, the often refused food on successive days. His the houses of the prisoners of the tragic military authorities have never given them house was placed under permanent surveil- events of 12 November 1991 were raided by any reliable information. lance by the military, who seized all his the forces of occupation, notably: - Gregorio We herewith end this brief report on the household possessions - radio, catans, de Cunha Saldanha: His house was raided prison conditions under which we have been kitchen knives, clothes and shoes, swords and a number of documents were removed, living. Bem haja! Long live Freedom, Peace (or Surik) used in traditional ceremonies, including the ‘Alvara,’ study books on the and Justice in East Timor! This information money to the value of Rp 100.000 and Portuguese language, family photographs comes from: (Names Confidential). many other household utensils. These items and various other household items. - Juven- were later produced in court as evidence for cio de Jesus Martins and Filomeno de Silva the prosecution. Pereira: Their houses were searched several The prisoner’s father, Afonso Mareal, times and their families terrorized with aged 60, and living in Samalari-Baucau, was East Timor Documents, Volume 30. July 13-14, 1994. Page 31

APPENDIX V: LIST OF AMNESTY Indonesia/East Timor: Amnesty Interna- its foreign policy. To this end, Prime INTERNATIONAL REPORTS ON EAST tional fears further deterioration of hu- Minister Chretien expressed his concerns TIMOR SINCE 1990. man rights situation, press statement, 9 about human rights violations in East Timor November 1992 (ASA 21/WU 05/92) when he met with President Suharto in 1990 Seattle in November 1993. 1993 East Timor: Short-term Detention and Ill- However, the clearest indication of treatment, January 1990 (ASA 21/02/90) East Timor: Xanana Trial a Travesty of Canada’s expressed concerns has been Justice press statement, 21 May 1993 East Timor: Amnesty International State- reflected in its aid policies. After the 1991 (ASA 21/ WU 02/93) ment to the United Nations Special Dili Massacre, the Canadian government Committee on Decolonization, August Indonesia/East Timor: Seven East Timorese suspended three planned aid projects 1990 (ASA 21/09/90) Seek Asylum, 23 June 1993 (ASA totalling $30 million. Last November, 21/13/93) Canada informed the Indonesian government 1991 East Timor: Unfair Political Trial of Xanana of its decision to cancel these three projects East Timor: Update on Human Rights Con- Gusmão, July 1993 (ASA 21/05/93) from its development programme. In May cerns Since August 1990, January 1991 Indonesia/East Timor: Seven East Timorese of this year, the Indonesian government (ASA 21/01/91) still in danger, 5 July 1993 (ASA cancelled a Canadian aid project in Sulawesi East Timor: Amnesty International State- 21/14/93) totalling $38 million due to the strong ment to the United Nations Special human rights criticisms that were being East Timor: State of Fear, Statement before Committee on Decolonization, August raised by Canadian citizens concerning the the United Nations Special Committee on 1991 (ASA 21/14/91) Indonesian government’s genocidal actions Decolonization, 13 July 1993 (ASA in East Timor. These two cases are the best East Timor: The Santa Cruz Massacre, 14 21/15/93) November 1991 (ASA 21/23/91) expressions of the fact that the Canadian Indonesia/East Timor: AI Appalled at Mas- 1994 government is listening to the concerns of sacre, Calls for Impartial Inquiry, press Indonesia & East Timor: Fact and Fiction - Canadian citizens. statement, 14 November 1991 (ASA Implementing the Recommendations of I recently had the priviledge of attending 21/21/91) the UN Commission on Human Rights, the Asia-Pacific Conference on East Timor 16 February 1994 (ASA 21/05/94) in the Philippines. While there, I spoke on East Timor: After the Massacre, 21 No- the issue of human rights violations in East vember 1991 (ASA 21/24/91) East Timor: Who Is To Blame? Statement Before the UN Special Committee on Timor in the context of those experienced Indonesia/East Timor: AI Urges Rigorous Decolonization, 13 July 1994 (ASA by women. While I am not a Timorese Standards for International Inquiry into 21/31/94) woman, and I do not purport to speak on Massacre, press statement, 3 December their behalf, I would like to take a moment 1991 (ASA 21/WU 03/91) For further information on human rights or two to bring to your attention some of violations in East Timor see: East Timor: my findings. 1992 Violations of Human Rights - Extrajudi- East Timor: Violations Continue and cial Executions, “Disappearances, Tor- (A) HUMAN RIGHTS VIOLATIONS Doubts Remain Over Official Inquiry, ture and Political Imprisonment 1985 AGAINST THE WOMEN OF EAST press statement, 9 January 1992 (ASA (ASA 21/16/85) TIMOR 21/WU 01/92) There are two categories where Indonesia/East Timor - Santa Cruz: The EAST TIMOR ALERT Indonesia’s illegal occupation and genocidal Government Response, February 1992 actions have specifically affected women in (ASA 21/03/92) NETWORK/CANADA East Timor, namely those women who are actively resisting (i.e., involved with Indonesia/East Timor: Human Rights Pro- Honourable Chairperson, Honourary FALINTIL); and those who are passively testers Charged with Subversion, press Members, resisting.(1) I will focus on the second statement, 27 March 1992 (ASA 21/WU My name is Sharon Scharfe and I repre- category, namely passive resistance which 02/92) sent the East Timor Alert Network/ Canada can be broken down into two sub-categories, (ETAN). ETAN is a grassroots organiza- Indonesia/East Timor: Human Rights Activ- the first being women who are directly tion, with branches in fifteen Canadian cit- ists Convicted of Subversion, press affected and the second being women who ies. ETAN is present at this Committee statement, 27 May 1992 (ASA 21/WU are indirectly affected. 03/92) Hearings to add the concerns of Canadians EAST TIMORESE WOMEN DIRECTLY Indonesia/East Timor: Fernando de Araujo - relating to the ongoing tragedy in East Prisoner of Conscience, May 1992 (ASA Timor. AFFECTED BY INDONESIA’S 21/07/92) One of the activities ETAN pursues is ILLEGAL OCCUPATION OF EAST lobbying the Canadian government and Indonesia/East Timor - The Suppression of TIMOR Members of Parliament to bring a greater East Timorese women have been directly Dissent, July 1992 (ASA 21/09/92) East emphasis concerning to human rights in Timor: “In Accordance with the Law” affected by Indonesia’s invasion. Untold Canada’s foreign policy relating to Statement before the United Nations tens of thousands of women have been Indonesia. There have been some successes murdered, raped, sexually assaulted, Special Committee on Decolonization, which I will briefly outline. July 1992 (ASA 21/11/92) tortured, kidnapped and forcibly sterilized. POSITIVE MOVES BY CANADIAN Amnesty International refused access to While it is impossible to speak of all the GOVERNMENT WITH REGARDS TO East Timor for anniversary of Santa Cruz horrors that the women of East Timor have EAST TIMOR Massacre, press statement, 6 November experienced, I will give a brief overview of 1992 (ASA 21/WU 04/92) The Canadian government has stated that some of the crimes experienced speccifically human rights concerns are an integral part of by women. Page 32 East Timor Documents, Volume 30. July 13-14, 1994.

i) Rape and Sexual Assault hormonal contraceptive implant Norplant, (B) EAST TIMORESE WO MEN There are many documented cased of lasting five years, is termed an INDIRECTLY AFFECTED BY women who have been forced to become “MKE”(metode Kontrasepsi efektif) along INDONESIA’S ILLEGAL with IUDs and sterilization. local “wives” for the Indonesian military OCCUPATION posted in East Timor. This has led to The “informed consent,” which is essential in any birth control program if it is The second category I have identified children being conceived through these relates to women who have been indirectly imposed husbands. not to be regarded as a human rights violation, is often not present, according to affected by Indonesia’s illegal occupation. Other women have been raped by These include women who’s husbands, Indonesian soldiers in front of their East Timorese nurses who have observed 2 East Timorese women being injected (and children, parents, friends, other relatives families.( ) “For Timorese people, worse who have been killed, tortured or have than physical suffering was the moral since emigrated to Portugal). These nurses say that in many cases the women are never disappeared. This was reiterated in a recent suffering of these things, the humiliation, letter written to Hilary Clinton from a group taking away the dignity of people. I said to even told that the injection they are being given a contraceptive. In one specific case, of mothers in East Timor. I will be brief on Indonesian officers, “Don’t you have this topic due to time constraints. One mothers, sisters, do you know what it high school girls were injected with Depo Provera without their knowledge.(5) example of these indirect abuses relates to means to be human?”” Monsignor Martinho the Indonesian military who kidnaps male da Costa Lopes, a former parish priest and It is very difficult to refuse to take part in these programme because village leaders East Timorese children and takes them back assistant to the Bishop in Dili, recounts, to Indonesia to act as servants. “People came knocking at my door in the are urged to cooperate, and in come cases it day and the night, for years, whispering of is imposed as the norm where local clinics CONCLUSION terrible things. From 1975 the Bishop’s for birth control are under the supervision of What is happening to the women of East residence was full of girls seeking refuge. In military post. It is nearly impossible for the Timor is in direct contravention of many the Comarca prison were women who had women of East Timor to protest the forced international conventions. These include the all been raped and abused. They told me birth control. The villages of East Timor are Convention for the Prevention and Punish- when I spoke with them. We heard under the de facto control of the Indonesian ment of the Crime of Genocide(6); the Con- constantly of young girls being abused by military, and to protest against forced vention on the Elimination of All Forms of soldiers. The Indonesians often use injections, etc., is to lay oneself open to Discrimination Against Women (which In- Timorese not as people but as toys, young execution or disappearance. donesia has ratified); the UN Charter; the girls especially. They see a beautiful girl they The World Bank official who was Universal Declaration of Human Rights; the want, then after they have used her they responsible for the birth control program in International Conventions on Civil and Po- ignore what happens to her, like a child with East Timor stated that “Although at the litical Rights and on Economic, Social and a toy.”(3) beginning of the program there may have Cultural Rights; and, most relevant to the Many East Timorese women were raped been excesses or cases of force, now the Special Committee, directly contravenes the and sexually assaulted while in custody, Indonesian health officials are carrying out Declaration on the Granting of Independ- whether it was in the custody of the police proper guidance.” The non-governmental ence to Colonial Countries and Peoples. or while being held in jail. Often such rapes Indonesian Family Planning Association has Given that the people of East Timor have result in pregnancy. said that they do not have a project in East been subjected to alien subjugation, Timor because “the conditions are not ii) Forced Sterilization, Birth Control domination and exploitation for almost 19 present for carrying out family planning in and Depo Provera years by the illegal presence and genocidal East Timor.” actions of the Indonesian military, which In 1985, a family planning center funding Given that over 200,000 East Timorese constitutes a denial of fundamental human by the World Bank was built in Dili. have been killed since Indonesia invaded in rights; and given the human rights violations Already by that time, 183 of 442 villages in 1975, it is impossible for the Indoneisan that have been occuring systemically East Timor had family planning centers, and government to state that there is a problem towards women in East Timor during this the program most vigorously pursued in with over-population. In fact, the genocidal time and continue unto today, the East East Timor was the family planning policies of Indoneia have been so effective Timor Alert Network/Canada calls upon the program of the Indonesian government. that in 1989 the United Nations presented Special Commitee on Decolonization to Contraceptive methods promoted in East the UN Population Award to President send a special mission to East Timor to Timor and elsewhere include condoms, the Suharto. obtain first-hand information on these Pill, injection of hormones, IUD and Another effective method for keeping the abuses. Such a mission should be done in implants, but in East Timor the use of birth rate in East Timor to a minimum conjunction with the Government of injections (Depo Provera) is results when hospital staff kill new born 4 Portugal, who is the UN recognized proportionately greater than Indonesia.( ) It babies because the child’s parents are administering power of East Timor. is not difficult to understand the suspected of belonging to Fretilin. East Timor is the largest territory on the relationship between population control as a As a result of these and other abuses by Special Committee’s agenda of non-self- target-based programme and the type of hospital staff, it should be noted that many governing territories. Only when the contraceptive promoted. Condoms and the East Timorese, male and female alike, prefer Indonesian military has pulled out of East pill are falling out of favour with the family the clinics run by the Sisters over the Timor, and the state is given the right to a planning agency (BKKBN) because the horrors of the hospital. In East Timor, free and fair vote will the women of East effect depends on the decision of the people say “We go to the hospital to die.” Timor begin the long overdue healing individual, whereas IUDs and implants They cannot trust and depend on a hospital. process. which can only be inserted and removed by I thank you for the opportunity to trained medical staff are considered express our concerns today. effective. “Effective” is synonymous with “low user control.” The long-acting East Timor Documents, Volume 30. July 13-14, 1994. Page 33

NOTES long would this abhorent practice hospital in Dili after being given powerful 1) The following excerpt is from Michele continued. disinfectant, paraformaldehyde, in pill form, Turner’s book, TELLING: East Timor: 6) The Convention defines genocide as with the knowledge of Indonesian doctors. Personal Testimonies 1942-1992, who re- meaning any of the following acts com- Two survivors described some of the symp- ports a conversation with a man named mitted with intent to destroy, in whole or toms that resulted from taking the pill and Justino who states at page 183 the follow- in part, a national, ethnic, racial or reli- those symptoms were later confirmed by a ing: gious group, by: specialist in London who analyzed a tablet Timorese talk about the Resistance · Killing members of the group; of the exact type administered in the Dili as of two kinds, active and passive. · Causing serious bodily or mental harm hospital: burning sensation in the chest, Those in the town or the camp resist to members of the group; dizziness, lethargy, ataxia, and coma. When passively. It’s hard to explain. you · Deliberately inflicting on the group con- death occurs, it is attributed to circulatory must do whatever the Indonesians say, ditions of life calculated to bring about collapse. A Timorese lab technician who but what you think, that’s only for its physical destruction in whole or in witnessed soldiers administering the pills to you, you keep it inside yourself. We’ve part; the wounded who lay in ‘the hospital been resisting so long now we’ve · Imposing measures intended to prevent morgue, asserts that the pills could not have reached a point where even the simple births within the group; been released without orders from the Indo- kids are quite aware of what we all · Forcibly transferring children of the nesian medical personnel. Since there is no want. They can go the schools run by group to another group. benign medicinal use for this drug, “It is the Indonesians but that doesn’t clear,” said Mr. Stahl, “that the soldiers and assistants who administered them and the change them. They don’t need to learn FREE EAST TIMOR JAPAN that they aren’t free. They hear and authorities who released them from the see the wrongs all around. The motiva- COALITION medical stores did not do so to help the tion for Timorese to study in Indone- wounded, almost certain that they believed From Hideshi Kajioka, Secretary. Presented they would kill or assist them in the process sia is that to fight the enemy you have by Kan Akatani to know him. of finishing off the wounded who had been It is an honor to address this distin- sent to the morgue.” Throughout the orgy of 2) Testimony of Xavier as told in TELLING: guished committee, a committee overseeing killing and abuse of the wounded, hospital Friends of mine living in one of the most important tasks for which director Dr. Nyoman Winyata and a junior Manatutu, the husband went to Dili for the United Nations was founded, the de- doctor on six months national service were business. There were a lot of Javanese colonization of territories under colonial in attendance in the hospital, within sight soldiers there. They knew the husband rule. As the 50th anniversary of the estab- and supervising proceedings, according to was away – in a small place everyone lishment of the United Nations approaches, the witness. knows things – and they went to the it is the deep-felt hope of my organization If it is possible to say, as some do, that house and raped the wife. There were that all the territories which fall within the the shooting of mourners at the cemetery three little kids in the house, very committee’s mandate be able to exercise was an “aberration” or an overreaction to frightened. Nobody could help, this is their right of self-determination as expedi- provocation, it is certainly not possible to the army, they shoot you. They take tiously as possible. Certainly in the case of say the same for the action of the medical turns to rape the wife while others East Timor, failure to achieve this goal staff of the military hospital who helped to steal things from the house. When the would be a betrayal of the principles upon “finish off” the survivors. Mr. Stahl drew a husband returned he complained to which the United Nations rests and a cruel comparison with the Nazi doctors who their commander, but none were pun- denial of justice to the people of East administered disinfectants to Jewish victims ished. His wife survived but she was al- Timor. whom the doctors regarded as “vermin.” ways very sad. It is the belief of my organization that One is also reminded of the Japanese doc- 3) From Turner’s TELLING at 165. public opinion can play a positive role in tors of the infamous “Unit 731” who felt no 4) 1987, percentages support of the work of the United Nations compunction about performing unspeakably The IUD Depo Con- to find a solution to the East Timor issue. cruel experiments on live Chinese, Russian Pill Provera dom Therefore, this May, the Japan Coalition or Korean “logs” as they called their vic- Indonesia 48.5 24.1 19.0 4.4 invited British journalist Max Stahl to pub- tims. licly report on his findings from a three- This is not the first report of Indonesian E. Timor 23.0 12.6 59.7 1.4 month visit to East Timor in the latter part medical personnel in East Timor collaborat- SOURCE: Indonesian Central Information of 1993. His findings regarding a “second ing in the murder of East Timorese, but time Board, 1988 massacre” in Dili after the shooting of does not allow me to go into detail here. 5) Between 1987 and 1988, in almost all mourners at the Santa Cruz cemetery were What I wish to point out is that, as with the schools in East Timor, female students 13 presented by an eye-witness at the Human Nazi and Japanese doctors, it is evidently a years of age and older were given Rights Commission meeting in March of perception that the victims are essentially injections of “some medicine.” One of the this year and in Death of a Nation, a TV different from the doctors themselves that staff at a health center happened to find documentary shown in a number of coun- psychologically allows the doctors to col- out that it was a contraceptive and as a tries. will, therefore, present some conclu- laborate in their murder. Yet when Indonesia result the injection was stopped. At the sions from these disclosures which I believe seeks to justify its presence in East Timor, end of 1988, the governor of East Timor are particularly relevant to us here today. it asserts in a manner similar to the argument learned of what was happening, because his In contrast to the gunning down of Imperial Japan used to justify its colonial own daughter was a student at a school mourners at Santa Cruz cemetery by uni- rule in Korea and Manchuria, that the East where only girl students were being formed soldiers of the Indonesian armed Timorese are brothers. Hard reality gives the injected. One is left to wonder had the forces, many victims of the “second massa- lie to this assertion. Governor’s daughter was affected, how cre” are believed to have died at the military Page 34 East Timor Documents, Volume 30. July 13-14, 1994.

Another point which should be kept in cannot achieve a similar success in East · Supports CNRM’s peace proposal and other mind is that for fully two and a half years Timor if it has the will to do so. East Timorese groups’ initiatives for genu- after these events, no international body has ine self-determination. gone to the hospital to conduct an investiga- JAPANESE CATHOLIC · Requests UNHRC Special Rapporteur on tion. One has never heard even a suggestion COUNCIL FOR JUSTICE AND Torture to consult women in East Timor that the medical personnel involved will be regarding atrocities against women, sexual brought to justice. When some reporters PEACE violence/rape by Indonesian military. tried in February of this year to interview · Condemns Indonesia’s forced birth control c/o Catholic Bishops’ Conference of Japan, Bishop Belo about the second massacre, and aggressive family planning program in 2-10-10 Shiomi, Koto-ku, Tokyo 135. From they were prevented from meeting him. East Timor. Aloisius Soma, former Bishop of Nagoya Instead a Fr. Marcus Wanandi, an Indone- · Extends our solidarity to the women of East and former President, Japanese Catholic sian priest whose brother has been one of Timor. Council. Presented by Kan Akatani. the key strategists in Indonesia’s invasion · Urges the Indonesian Government to uphold and occupation of East Timor, met the jour- Some 19 years have already passed since its own promise to allow expanded access to nalists and told them that the events de- Indonesia, in violation of International Law, East Timor for Human Rights and Humani- scribed were not true. invaded East Timor. Although the East tarian organizations, the media, and UN After an excruciatingly long process, the Timor issue has drawn international atten- special rapporteurs. Commission on Human Rights succeeded in tion since the deplorable Santa Cruz Massa- · Expresses support to the pro-democracy sending its Special Rapporteur on Summary cre of three years ago, when it is asked movement in Indonesia. and Arbitrary Executions to East Timor, whether Indonesia is trying to change its · Recognizes East Timor as a sovereign peo- who I believe is there at this very moment. policies towards East Timor, the answer has ple and nation. All concerned are to be commended for to be a clear “no.” Although on the surface · Affirm our commitment to help in the achieving this visit, but the fact that it has and temporarily, it may be taking a “more struggle of the Maubere people for genuine taken so long for even this modest step open” policy towards East Timor, the in- liberation in any way we can. indicates the extent to which the occupying formation reaching our Council from East At the Conference I made a joint appeal power in East Timor considers itself free to Timor is that the pressure of the military on for East Timor on behalf of the participants do whatever it likes to the long-suffering citizens at large and on the Catholic Church from the Asia-Pacific Region. I appealed to Timorese without fear of serious interna- is only increasing, and the “Indonesian- Indonesia to resolve the East Timor issue tional censure. And it should be noted that ization” is moving with greater acceleration peaceably, as soon as possible, in line with the authorities have been preparing for the through such measures as emigration, so that the ideals expressed at the time of Indone- rapporteur’s visit by, among other things, a solution in line with international law is sia’s founding and the principles of the moving political prisoners from Dili to the called for at the earliest possible time. United Nations. I added that “When the island of Java to make sure that the Special I attended the Asia-Pacific Conference on people of East Timor achieve their inde- Rapporteur does not have contact with East Timor held at the University of the pendence, they do not want to be opposed them. Philippines in Manila between 31 May and to Indonesia as an enemy, but wish to create Indonesia takes pains to persuade the 4 June of this year. I believe that many of friendly and peaceful relations with Indone- world that it is improving the situation of you are aware of the what happened at this sia.” And addressing the United Nations, I the people in East Timor, but the above Conference. The Philippine Government asked them to carry out their work in de- examples show that as long as the East under pressure from the Indonesian Gov- colonization, which is one of their ideals, Timorese are forced to live under foreign ernment issued “Refusal of Entry” to many with even greater vigor than heretofore, and occupation, there can be little hope for a foreign participants to this Conference. I, to convince Indonesia, that the liberation of fundamental improvement in their lot. too, was refused the right to board the Paki- “East Timor,” although a small country of Distinguished Chairperson and Members stan International Airway plane at the Asia, was important to the world and to of the Committee, Colonialism is an affront scheduled time of departure. Fortunately for Asia. to the human dignity of the colonized, but me, Jaime Cardinal Sin of the Philippine In conclusion, I crave your forgiveness in as the past 19 years all too graphically Catholic Church interceded on my behalf touching on a personal matter. At the pre- show, it also brings out the worst character- with the Philippine Government and made sent time I am a retired bishop, and have istics in the colonizers. Many Indonesian my attendance possible. I wish to use this been relieved of all ecclesial duties. How- people are beginning to learn about the in- occasion to express my sincere appreciation ever, I wish to say that I intend to exert all dignities and atrocities that the East and admiration for my Catholic colleagues in my efforts from now on, so that my sisters Timorese have suffered under the Indone- the Philippines for taking the course of jus- and brothers on East Timor attain true hap- sian occupation and are ashamed and an- tice under incredibly intense political pres- piness. I gather that Jaime Cardinal Sin, the gered. Some are speaking out against the sure. Primate of the Philippines, deplored the occupation at risk to their own safety. I The Conference on its last day passed 18 undemocratic and inhumane action taken by believe that for the majority of Indonesians resolutions the most important of which are the Philippine Government in connection the liberation of East Timor will bring to an the following: with the above Asia-Pacific Conference on end a very sad chapter in their country’s · Calls for the release of Xanana Gusmão and East Timor and conveyed them to Bishop history and be greeted with tremendous all political prisoners and for Xanana’s par- Belo in East Timor. In the resolution of the relief. In the case of South Africa, the untir- ticipation in negotiations to resolve the East Timor question, the time has come to ing struggle over decades, led by the United East Timor situation. do away with all manner of political and Nations against the apartheid system, re- · Advocates an immediate cease-fire, the religious manoeuvering. The time has come sulted in a victory which has ushered in an complete demilitarization of East Timor, a for the United Nations to recognize anew era of hope for both blacks and whites. fair and honest referendum under supervi- that it is its true function to push for the There is no reason why the United Nations sion of the United Nations. resolution of this question. East Timor Documents, Volume 30. July 13-14, 1994. Page 35

I wish to close my statement by asking government does agree that the respect of villages, a little more than one hour from Dili the United Nations to exert their best efforts human rights is a universal matter, but in by car. It reminded me of the so-called stra- towards that end. practice they do not accept international tegic villages that I have seen in Iraq. There I thank you for your kind attention. criticism about violations of human rights. is no doubt that the majority or maybe all of Therefore, it is not surprising that Indonesia the inhabitants would like to return to their PARLIAMENTARIANS FOR still refuses to approve and ratify the Con- own villages. EAST TIMOR vention relating to human rights. That is During the first period after the Indone- why it is necessary to increase observation sian invasion, many of the inhabitants were International Secretariat: Sharon Scharfe, and criticism of the Indonesian regime. killed, and an estimated 80% were forced to P.O. Box 1031, Station B, Ottawa, ON K1P The Oppression Apparatus leave their villages. The population were grouped together in so called strategic vil- 5R1 CANADA. fax: (613) 834-2021, e-mail: There are approximately 10,000 Indone- lages. The aim of this was to separate the [email protected] sian soldiers in East Timor. Vice Military people from the guerrilla. Commandant Brigade General Sulatin ex- Presented by Ingela Martensson, MP, Par- It is estimated that more than 250,000 plained that there are at present ten battal- liament of Sweden East Timorese have died since Indonesia ions, whereof nine are so-called territory Chairperson and Honourable Members, invaded in 1975. battalions and one is an attack battalion. Thank-you for giving Parliamentarians Torture for East Timor the opportunity to express This information is extraordinary, consider- its concern with the ongoing illegal occupa- ing that earlier last summer, Military Com- The head of the Catholic Church in Dili is tion of East Timor. My name is Ingela mandant General Syafei told United Nations Bishop Belo where he has been the Bishop Martensson, and I am a Member of the observer Amos Wako that there were eight for the last ten years. He told us that the Swedish Parliament. It is an honour to be battalions compared with 12 in 1991, and of harsh treatment of those who do not recog- able to address the Special Committee on these six were fighting battalions, and that nise Indonesia’s authority over East Timor Decolonization, which has taken upon itself these fighting battalions would be replaced has intensified. He also told us that he has the noble task of eradicating colonialism by by territorial troops. He assumed that by received letters and information from pris- the end of this decade. September 1993 the total number of battal- oners and ex-prisoners about different kinds Parliamentarians for East Timor is an in- ions would be reduced to six, all territorial of torture. ternational organisation comprised of more battalions. Therefore, there is reason to Indonesian Troops Out of East Timor question the validity of the Indonesian mili- than 250 Members of Parliament from over Bishop Belo stated that the situation tary information. Other sources say that 20 countries. I am glad to be here today on with regards to human rights has simply not there are 14 battalions and that the number behalf of this organisation. changed. He said that a total withdrawal of of soldiers is as high as 14,000 to 15,000. the Indonesian troops is absolutely neces- VISIT BY THE SWEDISH The Vice Military Commandant claimed sary. PARLIAMENTARY DELEGATION TO that the troops mainly occupied themselves The Bishop feels that the meetings with EAST TIMOR, SEPT. 4-17, 1993 with the building of roads, villages and the United Nations Secretary General houses for the population. The aim of this Since the last meeting of the Special Boutros Boutros-Ghali are important, but was to move the Timorese to the agricultural Committee, I have had the privilege, along the East Timorese own views will be forced areas. with two other Swedish MPs, to visit East into the background if they are not present It was officially confirmed that there is Timor. This visit was the first visit by par- at the Talks between the Foreign Ministers no external military threat, and no great liamentarians since the Santa Cruz Massa- of Indonesia and Portugal. threat within the country. Therefore, I asked cre, when Indonesian government troops Bishop Belo had suggestions about East for an explanation for the vast military pres- opened fire against a peaceful demonstration Timorese persons who could take part in ence in East Timor, which is further and approximately 275 East Timorese were the negotiations. He was also willing to strengthened by a police force of nearly killed. Based on my first-hand experience participate himself if the church agreed. 3,000. The police force works in close co- from visiting East Timor, I wish to draw Bishop Belo feels that it is imperative that a operation with the military forces. My sug- your attention to the following concerns of solution is reached that secures East gestion that it would be more economical both myself and Parliamentarians for East Timor’s independence and that a referendum and rational to allow professional civilians Timor. is held regarding the future of the country. to build roads and housing was, of course, Ratify and Respect the United Nations’ Imprisonment of Xanana Gusmão Human Rights Convention! difficult for them to answer. And the an- swers were complicated and constructed, Xanana Gusmão is a symbol for East It should be noted that there was no criti- and even less convincing when one considers Timorese resistance. He rejects Indonesia’s cism by the Indonesian government of our the fact that the soldiers salaries are twice as claim that they have integrated East Timor visit while we were in the country; however, high as other professional labourers. The into Indonesia. He denies that he has been or the Foreign Office’s political supervisor was true explanation is that military and police is an Indonesian citizen. Gusmão is now very irritated. His irritation was not only forces are all a part of the enormous oppres- serving a 20-year prison sentence. Along about our visit, but in general he felt we sion apparatus against the country’s with my colleague, I applied for permission were putting our noses into Indonesia’s Timorese inhabitants. The new roads have to visit with Gusmão. Unfortunately, it was internal affairs, i.e. human rights. His objec- fulfilled an important military function in not possible. We also had a conversation tions were not about specific details but that the fight against the guerrillas. The military with two judges at the court in Dili where we in general behaved as inspectors and that forces have, they say themselves, built ap- Gusmão was tried. After interviews with our visit appeared official. We assured that proximately 5,000 houses. Some 40 new these judges and other authorities, and after we were visiting as observers and individual villages have been established in various studying certain written documents, our members of the Swedish parliament, and we parts of the country. On the first day of our conclusions were as follows: were not officially sent by the Swedish visit to East Timor, we visited one of these government or parliament. The Indonesian Page 36 East Timor Documents, Volume 30. July 13-14, 1994.

The verdict seems to have been preceded PET Meeting with UN Secretary Gen- Vendrell to visit Lisbon, Jakarta, East Timor by conclusions and judgments which have eral, Boutros Boutros-Ghali, February 3, and Australia to work out an initiative that been made by other authorities in Jakarta 1994 will pave the way towards solving the core and Dili. The method of trial used was not Earlier this year I had the privilege to issue of self-determination. We welcome the in accordance with the rights of the accused, participate in a meeting of Parliamentarians fact that in Lisbon, Jakarta, East Timor and and did not comply with the international for East Timor with His Excellency, Dr. Australia, the mission held meetings with standards for a just and correct trial. Neither Boutros Boutros-Ghali. At this time, I East Timorese groups to hear their views. In did the trial comply with the Indonesian would like to reiterate some of the issues particular, we were delighted to know that laws for criminal trials. The violations that PET raised that are applicable to the the mission held a private consultation with against Gusmão started immediately after considerations of the Special Committee. jailed East Timorese resistance leader, the arrest. No lawyer was present during the At a prior meeting with Sr. Xavier Perez Xanana Gusmão, in Cipinang Prison, Ja- police and military interrogation. The claims de Cuellar, on March 25, 1991, he confirmed karta. This mission signals for the first time from the Indonesian authorities that Gus- that all the Resolutions of the Security a move by the UN to consult East Timorese mão did not wish for any lawyer to be pre- Council and General Assembly which had opinion, as required by Resolution 37/30. sent does not seem to be the expression of been passed in the years following the An- UN initiatives in East Timor his free will. And these claims do not seem schluss of 1975 remained in force, including The East Timorese people have suffered convincing when one considers the outcome Security Council Resolutions 384 of De- from war and foreign occupation for nearly of the case. A defence lawyer was later as- cember 22, 1975, which called on the Gov- two decades. It is high time for the UN to signed to the case, but it is well known that ernment of Indonesia to withdraw its forces take concrete initiatives to bring an end to he has close contacts with leading Indone- from East Timor without delay, and Secu- their suffering in the short-term in a way sian military figures, and his actions did not rity Council Resolution 389 of April 22, that will lay the basis for resolving the core seem to be in Gusmão’s best interests. The 1976, which urged member states to co- issue of self-determination. PET feels that two judges I talked to could not give me a operate with the United Nations in facilitat- the time has come for specific moves to clear answer on whether or not Gusmão had ing the decolonization of the territory. pave the way for a formal act to assess the been given a lawyer of his own free choice. The Core Issue of Self-Determination views of the people regarding their future; to The trial was public but international ob- this end, PET recommends the following: servers were not given the opportunity to Since the breakdown of the arrangements 1. The Secretary-General should formally look at any documents on the matter. I my- for a visit to the territory by Portuguese propose, to all the parties concerned, the self asked to be allowed to look at the courts Parliamentarians in November 1991, and the withdrawal of the Indonesian armed forces files (unconfidential sections) but this was Santa Cruz massacre of November 12, 1991, from the territory, and the holding of a ref- refused. This was explained by the fact that there have been four meetings of the Foreign erendum under strict international supervi- the entire file had been sent to President Ministers of Portugal and Indonesia under sion, in accordance with the Resolutions of Suharto. There were no copies of the file left your auspices. No progress has been made the General Assembly and the Security at the court. in addressing the issues of principle dealt Council. He should also propose the estab- The courts refusal to allow Gusmão to with in the Resolutions of the Security lishment of a temporary administration in present his own defence is not only against Council and the General Assembly. the territory, to ensure that the registration Indonesian law but also in conflict with The Indonesian Government has stuck to of electors is conducted properly and that international standards and conventions. their position that the annexation of the freedom of expression and of assembly is Many of the witnesses who appeared in the territory was validated by the vote of the observed during the period leading up to the trial were themselves prisoners, either after “Regional Popular Assembly” of May 31, referendum. their sentencing or prior to their own trials. 1976, and that the process complied with 2. Pending moves to deal with the core There seems to be doubt about how volun- the requirements of General Assembly issue of self-determination, it is proposed tary the witnesses’ accounts were. It was a Resolution 1541 of 1960. They claim that that the UN establish a permanent presence large handicap for the witnesses, knowing the members of this Assembly were chosen in East Timor under the direct supervision that what they said at the trial might be used on the principle of one man one vote in the of the Secretary-General’s office, for the against them at their own trial later on. capital, Dili, and elsewhere they were ap- following purposes: However, the fact that the so-called anti- pointed “in accordance with the tradition (a) to oversee the demilitarisation of subversive law was not used against Gus- and identity of the people of East Timor.” the territory and the removal of all heavy mão was positive. But on the other hand, There is no evidence that any elections were weapons and military equipment; strong objections could be made – and were held even in Dili. According to many (b) to enable the UN specialised agen- made – against the implementation of Indo- Timorese who were there at the time, all the cies to take care of the humanitarian needs nesian laws and trial procedures. This is not 37 members of the “People’s Assembly” of the people; in compliance with international standards were hand-picked by the occupying forces. (c) to monitor the human rights situa- as Indonesia’s authority over East Timor The conditions for a free and fair election tion in co-operation with the East Timorese has not been internationally recognised by in Dili did not exist since many of those church and independent Indonesian human the United Nations. who would have been eligible to vote had rights NGOs such as the Legal Aid Founda- Due to all of these faults, Parliamentari- fled into the countryside, and the town was tion; ans for East Timor feel that the judgment under military occupation. (d) to restore to the people of East against Gusmão cannot be accepted. He Implementation of the Secre- Timor freedom of assembly, freedom of should therefore be set free immediately and tary-General’s mandate under 37/30 association and freedom of expression. guaranteed a sanctuary of his own free PET notes with satisfaction that in Janu- It is recognised that the Indonesian Gov- choice. ary 1994, that the Secretary-General in- ernment would not take to these ideas im- structed a team of Secretariat officials led by mediately, but over the 18 years since the Director of Political Affairs, Mr. Francesc invasion, the absence of any sign of deter- East Timor Documents, Volume 30. July 13-14, 1994. Page 37 mination to uphold the principles of the PAX CHRISTI taken to Wira Husada military hospital. The United Nations Charter and of the Declara- massacre has yet to be fully investigated. tion on the Granting of Independence to INTERNATIONAL Pax Christi calls for the release of all Colonial Countries and Peoples has been a Presented by Tom Mahedy Timorese political prisoners, including serious hindrance to progress. Xanana Gusmão. In summary, Pax Christi International would like to While a long term solution in East Timor thank the Chairman and the Special Com- It is recommended that the Special is debated, initiatives can provide a founda- mittee of 24 for this opportunity to present tion for mechanisms to deal with self deter- Committee in Conjunction with the UN an intervention on the question of East Secretary General: mination issues. Initiatives could include the Timor. Pax Christi International, the interna- honoring of commitments agreed to by the (i) Make it clear to the Indonesian au- tional Catholic peace movement, appreciates UN Human Rights Commission, access by thorities that their compliance with the your efforts in working with the interested UN Special Rapporteurs, Working Groups terms of the 1994 Chairman’s Consensus parties to implement the committee man- and Specialized Agencies, freer access to Statement of the UN Human Rights Com- dates. East Timor by International and Human mission represents an important confi- The Universal Declaration of Human Rights Groups, dialogue with Governments, dence-building measure needed, as an ex- Rights and the United Nations General As- nongovernmental and intergovernmental pression of their goodwill and recognition of sembly Resolution 1514 (XV) of 14 De- organizations, reductions in military per- the wishes of the international community. cember, 1960 (on decolonization), and UN sonnel, and implementation of all interna- (ii) impress upon the Indonesian authori- Security Council Resolutions 384 and 389 tional human rights instruments. UN spon- ties the need to allow free and unfettered provide a basis for working for specific sored dialogue should continue, but any access to the territory for parliamentarians, human rights, including the right to self- serious proposal must include the Timorese for journalists as well as for human rights determination. people in the negotiations. organisations, in particular Amnesty Inter- The United Nations Human Rights Let us work together in open and coura- national and Asia Watch. Commission continues to provide recom- geous dialogue to establish mechanisms to (iii) urge the Indonesian authorities to re- mendations to investigate and prevent respect the religious and cultural traditions lease unconditionally all East Timorese po- abuses against the Timorese people, includ- of the East Timorese people, and to protect litical prisoners, whether tried or not. ing recommending use of the UN Special their social, economic, and political rights, (iv) press for the annulment of the mani- Rapporteur on Torture. including the right to self-determination. festly unfair trial of resistance leader, Pax Christi International supports all Xanana Gusmão, and to secure his release so these UN efforts, including the use of the EAST TIMOR ACTION that he can play his rightful part in consulta- Secretary General’s good offices for achiev- tions to reach a solution to the question of ing a just, comprehensive and internationally NETWORK / UNITED STATES East Timor. acceptable settlement of the question of P.O. Box 1182, White Plains, New York However, respect for human rights is not East Timor. 10602 USA. Tel. 914-428-7299 fax 914-428- enough. The people must be allowed to Human rights organizations and all in- 7383. Presented by Charles Scheiner choose their own future. volved parties have a role to play in this Mr. Chairman, East Timor is the largest process. Amnesty International’s Feb. 16, Mr. Chairman, distinguished members of territory left on the agenda of this commit- 1994 report, Fact and Fiction: Implementing the committee and guests, my name is tee. The only reason it is still there is the the Recommendations of the UN Commis- Charles Scheiner, and I am coordinator of intransigence of the Indonesian dictatorship. sion on Human Rights, provides valuable the East Timor Action Network. I am also Ultimately, the solution will come from the documentation. It includes a Jan. 14,1994 the U.N. representative for the International people of Indonesia, many of whom have no letter from Bishop Carlos Felipe Ximenes Federation for East Timor, an NGO affili- wish to cling to East Timor. If Indonesians Belo of Dili, to a friend. He wrote: “With ated with the Department of Public Infor- were allowed a real democracy, with all this letter I would like to let you know that mation. people free to speak their minds, I expect torture continues in East Timor. On Jan. 4, Today, I am addressing you on behalf of that East Timor would soon be free. 1994 in Dili, the military were waiting for a the U.S.-based East Timor Action Network. Mr. Chairman, I ask that this committee young man named Salvador Sarmento, who We appreciate your taking the time to listen also listen to the Timorese voices that are is a student at the Pastoral Institute. When to us, and to other NGO’s and individuals pleading for their rights. The Special Com- he left the classroom they took him, stuck speaking here today. Over the past year, mittee on Decolonization has an opportu- him in a military vehicle and took him to a several organs of the United Nations have nity today to take a step towards freedom place where he was kicked, beaten, tortured shown an increased interest in non- for another colonised territory. I hope that until he was almost dead. Then they forced governmental views on the situation in East you will take that step and help end the his parents, who are illiterate, to declare that Timor, especially from the East Timorese suffering of the East Timorese people. they had seen their son participate in sub- people themselves. This is a positive devel- Thank you. versive meetings. With these kind of injus- opment, and we hope that the perspectives tices, they want to force a declaration that and information gained from such meetings Father Sancho Amaral is a priest who is will help the United Nations move the proc- against Indonesia.” ess of decolonization to a successful and A Pax Christi International intervention rapid conclusion. to the 50th Meeting of the UN Commission The East Timor Action Network was on Human Rights, Feb. 18,1994, reported formed a little over two years ago, following that witnesses interviewed by Mr. Max the mass murder outside the Santa Cruz Stahl testified that survivors of the Nov. 12, cemetery in Dili. But the Indonesian mili- 1991 Dili massacre were killed after being tary’s killing and its occupation of East Timor have been going on for nearly two Page 38 East Timor Documents, Volume 30. July 13-14, 1994. decades. We fervently urge you to help to start a third decade under Indonesian never reached the full Senate, it marks the push the Indonesian government into seri- military rule. first time that Congress has tied arms ous negotiations – beyond talks for appear- During the past year, the East Timor Ac- sales to human rights violations in a spe- ance sake only. The three-stage peace plan tion Network has grown to more than 1,500 cific country. advanced by the National Council of members, with about 15 local groups around · After an extensive interagency review of Maubere Resistance is an excellent frame- the United States. Using a variety of means U.S. policy toward Indonesia, the Clin- work to move the discussion process along. and media, we have tried to inform as many ton Administration now denies licenses It is imperative that East Timorese repre- North Americans as possible, both about for exports of light arms to Indonesia. sentatives, as suggested by Bishop Belo and East Timor and about the disgraceful role Washington feels that these are the others, be included in the negotiations. played by the United States in arming and weapons which have been used recently We realize that it will not be easy to supporting the Indonesian occupation since to kill people in East Timor. move Jakarta. The recent banning of three 1975. · Two weeks ago, the Senate Appropria- major newsweeklies in Indonesia, combined As Americans learn about the horrible tions Committee approved legislation to with a wave of repression against labor ac- situation in East Timor, they become en- prohibit the use in East Timor of all le- tivists and heightened arrests and terror raged and energized, and we help them thal weapons purchased by the Indone- against the East Timorese, demonstrate that channel their outrage into constructive work sian government from the U.S. govern- the Jakarta government is feeling both inter- to change United States government policy. ment in the future. Although the measure national and domestic pressure. Unfortu- It would be overly optimistic to say that was defeated on the Senate floor, it nately, they are responding by killing the U.S. policy has turned around; rather, it is in represents a marked increase in the will- messenger, by trying to suppress discussion flux. Some in the Administration and in ingness of Congress to openly confront and hide unpleasant realities. But cosmetics Congress defend the status quo and are re- Indonesia, and will be followed up by are no cure for cancer. luctant to say anything that Indonesia might further activity this week or next. Last month, I had the privilege of attend- find uncomfortable. They are afraid of af- ing the Asia-Pacific Conference on East fecting American companies’ profits from · Other legislation approved by Commit- Timor in Manila. Although Indonesia co- trade, mining and weapons sales in Indone- tees and still in the Congressional process erced the Philippine government into exclud- sia. would challenge U.S. support for multi- ing several East Timorese leaders and world- But an increasing number feel differently lateral loans and non-humanitarian aid for renowned advocates for peace and human – they know that the violations of human countries with excessive military in- rights, more than 50 foreigners met with rights and continued denial of self- volvement in their economies or which over 200 Filipinos for five days, discussing determination for the people of East Timor falsely report their military spending. In- how to achieve self-determination and other are so blatant that it is inhuman to continue donesia has been the principal illustration human rights for the people of East Timor. with “business as usual.” I would like to cite of these problems. We had a very productive conference de- several events since the Committee’s 1993 The Indonesian government places a high spite the clumsy efforts of the ex-Generals session which illustrate that point. priority on getting the U.S. government to in Jakarta and Manila to prevent it. And · Since 1992, the Congress has prohibited overlook its repressive practices. Last April, what would have been just another calm all U.S. military aid to Indonesia, which the Asia Society hosted a conference on the discussion of East Timor, such as we are involved Indonesia soldiers coming to the U.S.-Indonesia relationship, underwritten having in this room today, became a world- United States for training. Although the by major mining and banking interests, and class news event because the blatant actions State Department has tried to circumvent featuring Foreign Minister Ali Alatas, 30 of the two governments so violated the the ban by continuing the training with other visitors from Indonesia and the entire norms of accepted civic behaviour. The Indonesia paying for it, the House of U.S.-based Indonesian diplomatic corps. casual observer could not but ask “What are Representatives passed legislation last This event began an ongoing campaign to they trying to hide?” May which closes this loophole. The revamp the American people’s perceptions Mr. Chairman, this Special Committee matter is still before the Senate. of Indonesia. knows what they are trying to hide. You, as · Last July, the State Department refused Nearly all conference participants believe well as other United Nations bodies, have to allow the resale of four U.S.-made F- that the problems are image, not substance. heard 19 years of testimony and petitions 5E fighter planes from Jordan to Indone- Few of the assembled corporate and politi- from East Timorese people and others at- sia. They were responding to public and cal leaders seem able to comprehend that it testing to the gross inhumanity of the geno- congressional pressure about East Timor. is wrong to kill people and deprive them of cide and occupation. Special rapporteurs When President Clinton met with Presi- their basic political and human rights, even if and envoys of the Secretary-General have dent Suharto in July in Tokyo, the two it doesn’t hurt the bottom line. gone to East Timor and reported on their discussed East Timor and human rights in I’d like to close by quoting a political findings; one was just there this week. Al- Indonesia itself. leader with long involvement in the East though today’s hearing will add some more Timor issue. Daniel Patrick Moynihan, now · Over 150 members of the House of Rep- information to your inventory, we hope that a Senator from New York, was the United resentatives and the Senate have signed States Ambassador to the United Nations in it will do more than that. letters to President Clinton urging him to Action is the middle name of the East 1975 and 1976. In his book, “A Dangerous take action to support human rights and Place,” he boasted that after Indonesia in- Timor Action Network, and we urge the self-determination in East Timor. United Nations to take some. For only the vaded East Timor: U.N. has universally recognized standards · Last fall, the Senate Foreign Relations “The United States wished things to to measure political and human rights, stan- Committee unanimously approved Sena- turn out as they did, and worked to dards which the Indonesian government has tor Feingold’s amendment which would bring this about. The Department of legally agreed to uphold. It is time to enforce link arms sales to Indonesia to human State desired that the United Nations those standards: East Timor should not have rights concerns in East Timor. Although prove utterly ineffective in whatever the bill which included this amendment measures it undertook. This task was East Timor Documents, Volume 30. July 13-14, 1994. Page 39

given to me, and I carried it forward opinion, the media, NGOs and personalities If echoes of the Campaign in the main with no inconsiderable success.” of our country sensitive, and to keep them press were modest, it received a wide sup- Senator Moynihan has since had a change regularly informed of developments. port from other organisations and on the of heart. Last March, he wrote constituents: At the beginning, our action received an ground. We can mention Reporters Without “I share your concern for this echo mainly from the Portuguese commu- Borders, the Federation of National Educa- longstanding violation of the Charter nity in France – the most important exp atri- tion, 8 groups of help/support to the Ti- of the United Nations and for the hu- ated Portuguese community. We saw how- betan people, the Corsican anti-racist collec- man rights abuses which Indonesian ever other organisations become increasingly tive Ava Basta, Tribal Act, ICRA Interna- troops continue to commit. Even Indo- attentive to the issue and we can, this year, tional... Several groups and activist media nesia concedes that the people of East inform the Committee of an initiative group- mentioned the campaign, which yielded Timor have the right to “self- ing 12 French NGOs, the Campaign “4 many queries from individuals wishing to determination” and yet it refuses to months for East Timor.” act locally. Information actions thence took permit them to exercise that right. And Launched in March 1994, this campaign place in more than 20 cities in France, in- the killings continue, as when Indone- aimed to “turn on the spotlight” on East cluding Aix-en-Provence, Angouleme, Ar- sian troops slaughtered participants in Timor, prior to the meeting of the Consulta- genteuil, Aubervilliers, Bourges, Caen, a peaceful march at the Santa Cruz tive Group on Indonesia (CGI) which was Cannes, Clermont-Ferrand, Dijon, Dunker- cemetery near Dili in 1991. held in Paris last week. Excluding our asso- que, Grenoble, Le Mans, Lille, Lyon, “I have repeatedly urged the De- ciation, the participating organisations are: Nanterre, Paris, Plouzare, Versailles, Vier- partment of State to take a stronger · Peuples Solidaires, an organisation of soli- zon... stand on human rights in Indonesia darity with the peoples of the South; Besides its action towards the “civilian and East Timor and I support the ter- · France Libertés/Fondation Danielle Mitter- society,” one of the most important suc- mination of all non-humanitarian aid rand; cesses of the Campaign is the beginning of to Indonesia. ...The time has long since · the International Federation of Human an awareness of French parliamentarians. come for the United States to take a Rights Leagues; For the first time since 1986, a senator tougher approach with the Indonesian · CIMADE, an international solidarity (from the government’s majority) asked the government.” organisation; Foreign Minister a written question on “the I hope that my government listens the · Justice and Peace; violent repression committed by Indonesia words of former Ambassador Moynihan, · the Third World Information Network in the occupied territory of East Timor,” and that others who have been involved (RITIMO); asking “what steps France is undertaking to since 1975, especially in Indonesia, can · CRID, a collective grouping 35 develop- guarantee the protection of persons and follow his example. ment and solidarity NGOs; respect of international law in this terri- The “Situation in East Timor,” as we so · the Co-ordination of Portuguese Collectiv- tory.” Other parliamentarians wrote the glibly call two decades of invasion, occupa- ities in France (CCPF); Campaign to inform it of their attention. tion, genocide, murder, rape, torture and · the National Union of Secondary Teaching This stir in a national parliament little con- terror, will only be resolved when politi- (SNES); cerned until now bodes well for the future. cians and diplomats step back from their · the Unitary Syndical Federation (FSU); This panorama, finally, would not be hardened positions and consider inalienable · the General Confederation of Work complete if we did not point to other groups human rights and international law as some- (CGT). which, without participating the Campaign, thing more than an problem to be explained Here are some details on the conception have a parallel action for East Timor. We away. of this campaign. Hints for action were can notably mention Amnesty International Ambassador Moynihan has done that. given, but the mode of functioning was left and the Action of Christians for the Aboli- We hope that Minister Alatas and President to each participating organisation, according tion of Torture. Suharto can do so as well. This Committee to its own sensitivity and possibilities. Each This qualitative and quantitative leap of and the entire United Nations bears major one at least published an article on East solidarity with the East Timorese people in responsibility to advance the process of Timor in its bulletin; some called on the France does not take place in an isolated changing Jakarta’s position, so that the East activism of their members for sensitization manner. For three years, the renewal of Timorese people can finally decide their actions or fundraising for East Timorese consciousness and commitment worldwide own destiny in peace. students in Indonesia; others wrote the In- is undeniable, most of the time from activist Thank you. donesian embassy or held a press confer- circles, sometimes in the media, still very ence. rarely at the level of governments. Such an AGIR POUR TIMOR But the Campaign in itself also had an in- evolution gives us the hope, still an utopia a formation action, by making documentation few years ago, that the East Timorese peo- Translation from French. Presented by José available and publishing a “campaign bulle- ple will at last be able to exert its right to Maria Albuquerque. tin” sent to active components of the public self-determination in a near future. But this Mr. Chairperson, Members of the Com- opinion (NGOs, unions), militants, a num- feeling of progress should not mask interna- mittee, ber of journalists, and to the members of the tional obstructions, the lack of good will Founded in 1990, Agir pour Timor is a France-Indonesia (National Assembly) and from the Occupying Power and the fact that French organisation which aims to defend France-South East Asia (Senate) Friendship the human rights situation does not become the right of the East Timorese people to groups. Two text and photo exhibitions on better in the territory. self-determination. It submitted petitions to East Timor are currently circulating in We shall not develop the last two points, this Committee in 1991 and 1993. France. Finally, the Campaign addressed knowing that the Committee will certainly The knowledge of the East Timor issue in participants of the INFID (development be informed on them by other petitioners. France has been traditionally weak. Our NGOs on Indonesia) conference, the Indo- Concerning the first, we have to lament initial priority was therefore to make public nesian embassy, the French Ministry of before this instance the immobility and bad Foreign Affairs... faith of the French government. True, Page 40 East Timor Documents, Volume 30. July 13-14, 1994.

France does not recognise the annexation of · That this Committee recommend the Husada Military Hospital by ‘one of East East Timor by Indonesia, as successive Secretary General to do whatever is in his Timor’s most prominent priests.’ This governments have stated several times. True power to obtain the release of Xanana priest was Marcus Wanandi, an Indonesian too, the French diplomacy does not any- Gusmão, as a symbol of the East assigned to ‘assist’ Bishop Belo. One of more feign to ignore the massive human Timorese resistance movement, without Wanandi’s brothers is the business partner rights violations and recognises the serious- neglecting to act for the release of the of President Suharto’s daughter in ‘tourist ness of the situation. True, finally, the Dep- other East Timorese political prisoners. development’ in East Timor; the other, uty Foreign Minister of a former govern- · That this Committee recommend the Jusuf Wanandi, was a BAKIN agent whose ment and the President of the Republic ex- Secretary General to make public the two role in Operasi Komodo, the plan to inte- pressed their “concern” to Indonesian au- reports of Mr. Amos Wako. grate East Timor, was to drum up diplo- thorities, and France voted – not whole- We thank you for your attention. matic support in the United States and heartedly – the 1993 resolution of the Hu- Western Europe. Bishop Belo has since man Rights Commission concerning East affirmed that the second massacre did take Timor. BRITISH COALITION FOR place. But no pressure is made by our country EAST TIMOR Although the FCO is always ‘grateful for on Indonesia to have it put an end to its their interest,’ members of the British public human rights violations, not to mention Presented by Richard Koch apparently make ‘a mistake to confuse past conforming to international law. Much Mr. Chairman and Honourable Members, history with today’s realities’; and are worse, the Foreign Ministry explicitly con- Since the Santa Cruz massacre in 1991, ‘wrong to suggest that widespread abuses of siders that it is not “opportune” to link the issue of East Timor has reestablished human rights persist in East Timor.’ The economic aid to the respect of human rights, itself firmly on the international agenda. FCO is ‘encouraging Indonesia to live up to even though this link was requested by the This fact has been reflected in new diplo- its human rights obligations.’ There is much Council of Foreign Affairs Ministers of EC matic initiatives. In January this year evidence to the contrary. Last June, FCO countries in a statements already dating back Francesc Vendrell, the Secretary-General’s officials fostered the impression that the to November 1991. Director of Political Affairs, and Tamrat government was pushing for International This refusal of any concrete action is of Samuel visited Lisbon, Jakarta and East Red Cross access to political prisoners. A course due to the economic interests of our Timor: In Jakarta they visited Xanana Gus- ‘restricted access’ telex from the British country. According to a French diplomatic mão in prison; In East Timor they had dis- Embassy in Jakarta stated the opposite, that source, 98% of development aid in 1992 cussions with Bishop Belo and other East external pressure would contribute little. An was a disguised subvention to national in- Timorese. For the first time the Secretary- internal memo described letters in response vestment in the country: Alcatel, Alsthom, General’s mandate from the 1982 General to questions on the subject as ‘for stone- Dumez. But France is also one of the main Assembly resolution 37/30 to ‘consult with walling.’ providers of arms and military equipment to all parties directly concerned’ was being put The FCO’s main energy has been de- Indonesia: Puma helicopters, notably, are into practice. After their May talks the voted to defending ‘its own clear policy on fabricated there under licence. Quite re- Foreign Ministers of Portugal and Indonesia arms sales to Indonesia’ especially concern- cently, twenty light cannons of type 105 informed the Secretary-General of their ing the sale of Hawk jet fighters worth £500 LG were sold by GIAT for US$ 17 millions. readiness to meet leading East Timorese million, finally confirmed last June after France is very present in Indonesia in the supporters and opponents of integration months of denials. This policy is based on domain of telecommunications, part of respectively, a potentially ground-breaking the right to self-defence under article 51 of which has been provided to the Army. initiative. the United Nations Charter. ‘This is a right Indonesia has no known enemies, real or It is then, sad to note that in Paris last we claim for ourselves and it would be in- potential. Arms sold to this country can Friday (July 8), the donor nations that make consistent and discriminatory to deny it to therefore be used only for repressive, up the Consultative Group on Indonesia others.’ Actually the British government counter-insurrectional or offensive aims, e.g. (CGI) yet again decided to increase aid to denies that right to Bosnia. There is no con- in East Timor. It is known, thanks to pre- Indonesia for the next year to a record $5.2 ceivable threat to Indonesia from any of her cise inquiries of the British journalist John billion. This is surely the most explicit evi- neighbours. The expansionist power in the Pilger, that development aid given by the dence of western nations’ double standards region is Indonesia:. In the early sixties Ja- United Kingdom goes together with arms – expressing hope that Indonesia’s record on karta’s policy of konfrontasi posed a very sales (Hawks planes). Knowing this exam- human rights will improve while doing noth- real threat to Malaysia’s sovereignty; in ple, who can guarantee it is not the same ing that might actually pressurise Jakarta to 1963 Indonesia occupied West Papua, and with France? change its ways. in 1975 of course, invaded East Timor. To conclude this petition, we cannot do The record of the British government is Supplying Indonesia with arms stokes a less than repeat suggestions made last year particularly shameful. Following the show- regional arms race, irrespective of the moral to this Committee: ing of John Pilger’s documentary Death of a and legal considerations. The FCO’s ‘own · That this Committee provide, as far as Nation: The Timor Conspiracy there has clear policy’ also undermines initiatives possible, information to the public on its been a massive upsurge both in press cover- such as that last August by the United action in favour of the right of the people age and in popular concern for East Timor. States government to block the sale of F-5E of East Timor to self-determination. The British Foreign & Commonwealth Of- jet fighters from Jordan. Indonesian generals · That this Committee exclude Indonesia, fice (FCO) however, remains unmoved by simply said that they would buy from Brit- as a member, from any decision process public opinion and continues to give identi- ain or France instead, having already ruled concerning East Timor, by the principle cal stock answers to the questions of MPs out buying from Russia. of law that one cannot be judge and party and general public alike. Instead it prefers to The FCO has moreover a whole arsenal at the same time. propagate Indonesian falsehoods such as the of secondary justifications for the sales. It ‘refutation’ of evidence of a second massa- says it has an assurance that the Hawks will cre on 12 November 1992 at the Wira not be used against civilians – in 1984 it said East Timor Documents, Volume 30. July 13-14, 1994. Page 41 that it did ‘not normally seek assurances lic (The report was headed ‘Confidential... This ‘conditionality’ is a long way from which can offer no reliable guarantee about not, repeat not, intended for use in the the conditionality that Douglas Hurd was the uses to which the equipment might later press’). He asked the local commander in espousing in 1990 and 1991: be put.’ The shadow Foreign Affairs Dili, Colonel Lumitang, about Indonesian ‘Countries tending towards pluralism, spokesperson wrote to Foreign Secretary military strength in East Timor. The com- public accountability, respect for the rule of Douglas Hurd on 28 October 1993 to spell mander eventually admitted the presence of law, human rights and market principles out just what those assurances were. He has ten battalions which are rotated every nine should be encouraged. Those who persist still not received a reply. months. He gave no timetable for with- with repressive policies or corrupt man- The FCO says that ‘the government drawal but hoped to ‘have it all under con- agement... should not expect us to support would not licence for any export any defence trol in 1995’ with only ‘indigenous battal- their folly with scarce aid resources which equipment likely to be used for internal re- ions’ left. Of his meeting with East Timor’s could be better used elsewhere.’ [Speech at pression.’ Other ministries admit though deputy governor the military attaché re- Overseas Development Institute, 6 June that the siting of equipment is a matter for marked: ‘The lasting impression was of petty 1991] the purchasing country and that it is not provincial bureaucracy devoting more effort By August 1991, this view had crystal- practical to monitor their use once it has to the production of statistics than the ad- lised into three principles of good govern- reached its destination. The FCO says that ministration of the province.’ ance that Douglas Hurd suggested should be the Hawks that Indonesia has and is pur- Along with officials from other embas- applied to the EC budget: chasing are trainers. This contradicts Air- sies, the British military attaché insisted on 1. Respect for human rights and the rule of force Chief of Staff Marshall Sukardi’s an- visiting the Santa Cruz cemetery. ‘[We] law nouncement in January 1985 that Hawks were keen to judge whether the shootings 2. Pursuit of sound economic and social delivered in the early eighties were serving in there two years previously might have taken policies the new airforce ‘for purposes of advanced place because the area was restricted with 3. Competence and accountability of gov- training and tactical combat.’ Similarly In- no exits along which the demonstrators ernment institutions donesia’s Minister of Research and Tech- could have been dispersed. [We] observed nology, Dr. Habibie, said on 17 April 1994 that there were at least four exits and that the Even at that time aid agencies suggested that the new Hawks ‘will be used not only to cemetery walls were not high... This physical that small and unimportant countries would train pilots but also for ground attack.’ The layout should have allowed well-trained be made an example of, while the transgres- FCO’s assertions of the impossibility of troops to disperse a demonstration with little sions of larger states such as Indonesia converting the trainer version of the Hawk bloodshed.’ [source: John Pilger, New would continue to be overlooked. Their to the full ground attack version are bla- Statesman, 3 June 1994] predictions proved correct. Conditionality tantly contradicted by British Aerospace’s Britain’s diplomatic tolerance of Indone- of aid has since been ditched, luckily for promotional literature. sia over East Timor dates back to the events Indonesia, since it would not pass any of These are just so much more ‘stonewall- surrounding the invasion. In July 1975 the the above principles. The Santa Cruz mas- ing.’ The British Coalition for East Timor’s British Ambassador in Jakarta suggested sacre and the resulting trials of both soldiers concern is not about the particular use of that London lie low and ‘avoid siding and demonstrators clearly demonstrated the any individual item, but rather the ‘seal of against the government’ as it was ‘in Brit- Indonesian regime’s total lack of respect for approval’ that our government gives to the ain’s interest that Indonesia should absorb human rights and the rule of law, as if there Indonesian armed forces (ABRI). Despite the territory as soon and as unobtrusively as did not already exist ample evidence of that its role in the genocide of the East Timorese possible.’ By 1985 Indonesia had become throughout the Indonesian archipelago. The people, the British government effectively the biggest recipient of British aid outside recent banning of the only free trade union is says that ABRI are responsible and trust- the Commonwealth. Since 1991 diplomatic yet another nail in the coffin of Indonesia’s worthy. Eye-witness testimony of East activity has stepped up dramatically with ‘sound economic and social policies.’ Timorese about the use of Hawks in the numerous ministerial visits and trade mis- The centrepiece of Indonesian govern- bombing campaigns in the east of the island sions – aid, mainly in the form of Aid and ment’s policy of openness, keperbukaan, is during the mid-eighties is dismissed out of Trade Provision projects, has been lavished supposedly the ‘free’ media. The revoking hand as ‘not cast-iron’; Indonesian propa- on Jakarta. On 7 April 1994 Alistair Good- of the licences last month of three magazines ganda is accepted at face-value. ‘I think lad announced a ‘soft loan’ of £80 million, a and threats to numerous others because they those making such allegations would have to large part of which will cover spending on published unpalatable truths merely con- do a bit better. We’ve said that we are ready telecommunications. It is no coincidence firms the pattern of contradiction between to consider hard evidence that Hawks are that the companies providing this ‘aid’ are the government’s stated policies and its being used for repressive purposes in East the same companies supplying the Indone- actions. ‘Is the government so weak that a Timor, but no-one has come up with any.’ sian military with communications, radar few articles can shake government stabil- says Junior FCO Minister Alistair Goodlad. and electronic equipment. This follows last ity?’ asked Aristides Katappo who himself The FCO will not though give a categorical year’s £65 million ‘soft loan’ agreed by had been previously banned. Interviewed assurance that Hawks have not been used in Douglas Hurd for a power-generating plant last month in one of the last editions of East Timor. in Kalimantan, where British mining compa- Editor, the courageous academic George Mr. Goodlad also claims that Indonesia is nies have substantial interests. Not only are Aditjondro articulated another unpalatable reducing its troop levels to the average such agreements tied to British trade, they truth: ‘The issue of East Timor has been strength for a small province (a claim that are typically channelled towards top-down maintained since 1975 at the UN, meaning Indonesia seems to make every year). How- infrastructural development projects which that it is very durable. Just as durable as the ever this is not borne out by the report of benefit large scale British investment pro- question of Palestine. This is really a prob- the British military attaché who visited East jects, rather than encouraging development lem.’ More and more Indonesians are begin- Timor last November whose ‘hard evidence’ by local people. ning to grasp this – in Jakarta leading human reveals a very different side of East Timor rights activists Haji Princen, Adnan Buyung than that passed on to members of the pub- Nasution and Hendardi, all told Vendrell’s Page 42 East Timor Documents, Volume 30. July 13-14, 1994. mission that East Timor’s self- Indonesian military in these 18 years has choose one of the five officially accepted determination is integral to the human rights been unable to crush the Timorese resis- religions and are building mosques every- situation there. tance. That in itself is already a defeat. where in the territory with the expectation Mr. Chairman, But the Indonesian regime is losing the that the East Timorese would choose the The Indonesian government has said that war in many other fronts. Jakarta planned to Islamic religion. Jakarta hoped that with a it wants dialogue, but it has imprisoned win the hearts and minds of the new genera- majority of Muslims, integration would be Xanana Gusmão, lied about his supposed tion of Timorese, those who did not wit- facilitated. However, the East Timorese appeal for clemency, is attempting to split nessed the invasion and the subsequent chose Catholicism which became another the Timorese resistance abroad, persecutes massacres until the end of the 70s. This form of protest against the occupation. those Indonesians who dare to speak the proved to be wrong. The massacre of Santa Most of the Catholic priests in East Timor truth about East Timor, and commits yet Cruz shows that the Timorese youth is are allies in the political and cultural resis- more human rights abuses as it continues its willing to fight for freedom. They refuse to tance to the invader. Bishop Carlos Ximenes genocidal occupation in breach of eight Gen- be Indonesian, including the few that are Belo is one of the best examples. During eral Assembly resolutions and two Security being educated in Jakarta. The Javanese interviews in the last months with foreign Council resolutions. colonialists did not learn the lessons of Ho journalists and parliamentarians who visited Finally the British Coalition suggests that Chi Minh, Amilcar Cabral or Agostinho him, he has reaffirmed his support to a UN- the members of the Indonesian delegation Neto. But the young Timorese did, and that supervised referendum in East Timor. As ask themselves what Indonesia has to fear of is why they will lead their country to inde- you certainly recall, he appealed for a refer- an independent East Timor? The words of a pendence. endum to Mr. Perez de Cuellar in a letter statement to the Indonesian Bishops’ Coun- The Indonesian administration realizes its dated February, 1989. cil on 10 November 1974, of which George failure, and thus increased the repression In reply, the Indonesian military have Aditjondro was one of its authors, still have against the youth and students. During the augmented the repression on the clergy in an uncanny resonance today: last months killings, detentions and trials East Timor. Many priests have been threat- ‘If people think that the independ- have occurred in East Timor and in Indone- ened and persecuted. Bishop Belo is also ence of Portuguese Timor would rep- sia. Two months ago in the locality of Uelau being a victim of such persecution. Re- resent a threat to the existence of the the military murdered by machine gun fire cently, he told a visitor how the Indonesian Republic of Indonesia, then it is obvi- an unarmed young boy named Marcelo. military had tried twice to assassinate him. ous that something is not right in our After playing with his dead body they Just a few days ago, Agence France Press Republic.’ threw it into a river. In early May eleven reported that soldiers committed sacrilege in Thank you. persons were arrested for previously dem- a Catholic church by stamping on sacred onstrating in Dili before foreign journalists. communion wafers. Such gratuitous act INTERNATIONAL PLATFORM At least three of them were sentenced to reveals the desperation of the military be- OF JURISTS FOR EAST prison for 20 months for allegedly having fore this particularly sensitive defeat. “planned actions of hostility and hatred The Indonesian regime is also losing the TIMOR against the Indonesian government.” In June war on East Timor at home. For years, due two young Timorese were sentenced to to the curtain of silence around East Timor Secretariat: Gruttohoek 13, 2317WK Lei- prison for three years for raising the flag of and the censorship of the media, the Indone- den, The Netherlands. Phone and Fax: (3l)- Fretilin. In May two other Timorese, Anto- sian Government managed to keep its own 71-221065 Email: [email protected] nio Soares Araujo and José António Neves, citizens ignorant about what was going on in Statement by Pedro Pinto Leite, Secre- were arrested in Malang in East Java. José the occupied territory. The tables turned tary-General of IPJET António is one of the leaders of RENETIL, after the massacre of Santa Cruz and the Mr. Chairman, distinguished Delegates: the Maubere students’ resistance move- trial of Xanana Gusmão. More and more The International Platform of Jurists for ment. He has phoned or faxed IPJET’s Se- Indonesian personalities and organizations East Timor wishes to convey to this Com- cretariat several times to denounce the de- are publicly questioning the occupation of mittee its concern on the very critical situa- tention and torture of Timorese. I still re- East Timor. One of the leading figures in tion taking place in East Timor. For more member his calm and courageous voice de- this anti-colonialist movement is Dr. George than 18 years the government of Indonesia nouncing the crimes of the Indonesian au- Aditjondro, of the Satya Wacana Christian has denied the East Timorese their right to thorities. Like others, he is now facing University, in Salatiga. Taking into account self-determination. Now it is clear that Ja- prison and torture. IPJET urges this Com- these developments some Indonesian news- karta is losing its infamous war. Similarly to mittee to intervene and seek his release since papers increased their reports on East many colonialist regimes the generals of this case involves the violation of the right Timor. Jakarta are aware of their defeat and inten- to self-determination. We also hope that the Again, a new wave of repression was the sify the repression in the occupied territory. UN Special Rapporteur on Summary and government’s reaction. As you know, many We urge the United Nations to intervene Arbitrary Executions, who is visiting East people have been arrested these last weeks actively to stop that repression. Timor, has been able to investigate the mas- in Indonesia for expressing opposition to I had stated that the Government of In- sacre of Santa Cruz and those which fol- the military dictatorship. others, like Dr. donesia is losing the war in spite of the lowed, including the aforementioned barba- Aditjondro, were repeatedly threatened. On abyssal difference of military forces. After rous killing of Marcelo. June 21, the government shut down three many promises Indonesia has not with- Mr. Chairman, influential magazines (Tempo, DeTik and drawn its forces from the territory and Another area where the Indonesian re- Editor). Six days later the detention of doz- keeps an occupation army of more than gime is losing the war concerns religious ens of civic leaders was ordered during a 10,000 men. On the other hand the beliefs. There is no religious war in East non-violent protest against this censorship. Timorese armed resistance does not surpass Timor. However, the generals have created According to the New York Times, one thousand fighters. The fact is that the an artificial religious problem. They forced “Diplomats and human rights advocates said the East Timorese who were animists to the closing of the magazines was the most East Timor Documents, Volume 30. July 13-14, 1994. Page 43 serious blow to freedom of the press in release of Xanana Gusmão and of all other among peoples in the Asia-Pacific with the Indonesia in decades ... “ (NYT, 6/23/94). detained East Timorese. We have collected embattled people of East Timor. IPJET welcomes the quick reaction of the 1,873 signatures from mainly legal profes- The coalition is temporarily based at the American press and the very recent and sionals, government officials and public offices of the Initiatives for International strong protest of many organizations, like figures of around 40 countries from all the Dialogue, an independent Filipino interna- Friends of the Earth, National Wildlife Fed- continents. Among them are 50 parliamen- tional NGO working for South-South soli- eration, Robert F. Kennedy Memorial Cen- tarians, two former foreign ministers, dip- darity. IID was instrumental in organizing ter for Human Rights, Greenpeace, Lawyers lomats, judges of Supreme Courts, bishops, the recent Asia-Pacific Conference on East Committee for Human Rights and Human heads of universities and law schools and Timor. Rights Watch/Asia. leaders of more than 30 NGOs. I hereby Giving impetus to the birth of APCET is Finally, the Indonesian dictatorship is deliver to you, Mr. Chairman, the product the indifferent, nay, amoral attitude of our also losing the war in the diplomatic front of this appeal. As Nelson Mandela, Xanana governments with regard to East Timor. particularly in ASEAN and in other coun- Gusmão has to have the main role in the Political leaders in the Asia-Pacific region tries of their own region. In Bangkok, more solution of the East Timorese problem. have chosen to remain silent to the patently than a hundred Asian human rights organiza- As the Economic and Social Council illegal annexation of East Timor by the Soe- tions have made a strong appeal for the self- stated in paragraph 2 of its resolution 1978 harto military regime albeit relevant UN determination of East Timor. In Manila, the (LIX) of 31 July 1975 (a few months before resolutions asserting the contrary. This Asia-Pacific Conference on East Timor, of the Indonesian invasion of East Timor), “the duplicity has emboldened Indonesia to flay which IPJET was a co-convenor, has recognition by the General Assembly, the its power in the region and bully its neigh- reached the front pages of many Philippine Security Council and other United Nations bors. newspapers for three weeks despite of des- organs of the legitimacy of the struggle of This was starkly displayed when Soe- perate attempts by Jakarta to stop it. Other colonial peoples to achieve freedom and harto recently arm-twisted the Philippine petitioners will certainly elaborate on the independence entails, as a corollary, the government on the Asia-Pacific Conference significance of the Manila conference and its extension by the United Nations system of on East Timor. Indonesia threatened to conclusions. Just two weeks ago, in Kuala organizations of all the necessary moral and withdraw billions of so-called potential Lumpur, a special forum on East Timor material assistance to the peoples of the investments in the Philippines. Seeking to organized by a group of 30 NGOs, criticized colonial territories and their national libera- appease Jakarta, Philippine president Gen- the governments of the ASEAN countries tion movements.” Now that the problem of eral Fidel V. Ramos moved to ban all foreign for tolerating human rights violations like East Timor is reaching a decisive moment, I delegates to APCET. They even deported those in East Timor. We heartily welcome am confident that this Committee will pro- Nobel Peace awardee Mairead Maguire and the recent words of Hussein Ali, president mote a stronger assistance of the United included in the banned list the French First of the opposition Malaysian Popular Party: Nations Organization to the martyred peo- Lady Danielle Mitterand. Ramos’ govern- “Every thing is done in the name of the ple of East Timor. ment capitulated to the extent of carelessly solidarity between ASEAN members, but Thank you so much. using subterfuge to bring about a court order ASEAN should not be used to conceal hu- banning the conference anywhere in the man rights violations and genocide.” The ASIA-PACIFIC COALITION Philippines. also recent and also laudable stance of the FOR EAST TIMOR (APCET) But the Filipino people and the peoples Parliament of New Zealand, demanding the of the region were not to be denied their right of self-determination for East Timor, Honorary Chair: Bishop Aloisius Nobuo rights. We defied and asserted as the Su- signifies another defeat for the Indonesian Soma; Coordinator: Augusto N. Miclat, Jr. preme Court allowed the conference to pro- diplomacy. ceed. Mr. chairman, Secretariat: No. 2 Matulungin Street, Cen- Indonesia’s bullying of the Philippines In IPJET’s petition of 1991 I welcomed tral District, Diliman, Quezon City, and the latter’s submission unleashed a dip- the success achieved by the Namibian and PHILIPPINES; Post Office Box 44-38, Uni- lomatic furor never before experienced the Saharwi peoples in their struggle for versity of the Philippines Shopping Center, among ASEAN states. The row was exten- self-determination. Last year, I witnessed Diliman, Quezon City, PHILIPPINES. Tele- sively covered by the international media. the Eritrean independence. Those cases fax: (6)(32)921-67-74 Instead of putting a lid over Indonesia’s confirm a future solution for the question of Email:[email protected] illegal occupation of East Timor, Indonesian East Timor pursuant to the rule of Law. I Presented by Lita Killup. pressure on the Philippines served to un- am very glad to be able to add the name of Mr. Chairperson and honorable members, ravel the lie it sought to perpetuate particu- South Africa to that list now. The apartheid We thank you for allowing the larly among the peoples in the Asia-Pacific. regime implied also a clear violation of the Asia-Pacific Coalition for East Timor Even in South-East Asian countries, East right of the people of South Africa to self- (APCET), as represented by its secretariat Timor was relatively obscure and isolated. determination. During many decades, as based at the Initiatives for International During the Manila conference on East with Namibia, the Western Sahara and Eri- Dialogue (IID), to convey the collective Timor, the barbarity and callousness of the trea, colonialist forces were repeating that voice of representatives of the peoples in Indonesian military regime’s invasion and the situation in South Africa was irreversi- the Asia-Pacific who wish to see the dawn- subsequent occupation of the territory was ble. ANC and the anti-apartheid solidarity ing of freedom in East Timor. laid bare before its Asian neighbors. movement knew better. Until very recently, APCET is a fresh initiative among civil These facts presented before APCET Nelson Mandela was a political prisoner; he libertarians, non-governmental organizations were stark and indisputable. No doubt, they is now the president of a new South Africa. (NGOs) and people’s organizations (POs) have not escaped your attention. No doubt, IPJET initiated an appeal addressed to in the Asia-Pacific. It is a formation that they have been presented before you many the UN Secretary-General urging him to seeks to articulate the burgeoning fellowship times over by the seemingly countless dis- intervene and exercise his influence in order cussions on the East Timor question. Thus to obtain the immediate and unconditional we do not wish to benumb you with the Page 44 East Timor Documents, Volume 30. July 13-14, 1994. number of East Timorese who were mur- CEASEFIRE AND REFERENDUM APCET enjoins the committee to take an dered due to what Indonesia terms as their An immediate ceasefire between expedient examination of the preceding “common brotherhood.” Nor do we need to FALINTIL and the Indonesian occupying propositions. It is further suggested that remind the committee of the thousands of forces including complete demilitarization of such measures be taken as part of the spe- East Timorese who continue to bear the East Timor must be implemented and a cific components of the Secretary-General’s yoke of Soeharto’s military oppression and genuine peace process should be set in mo- report to the General Assembly. APCET exploitation. tion. While this is underway, a fair and hon- fervently hopes that by doing this, the con- But the peoples of the Asia-Pacific were est referendum must also be held to deter- flict in East Timor will be squarely ad- horrified by what the conference revealed. mine the will of the East Timorese. All these dressed in the General Assembly’s action To the representatives of peoples organiza- must be done under the direct supervision of plan to free all colonized people’s by the tions and NGOs in South-East Asia, it was the United Nations. 21st century. This will be a fitting accom- hard to comprehend how Soeharto and his While the UN is indispensable in execut- plishment in this Decade for the Eradication military could murder 200,000 East ing such measures, the sentiments of the of Colonialism. Timorese and still hide this dastardly act representative organizations of the East Enacting them is certainly complex and from his neighbors. Disgusting too is that Timorese people must be given primary difficult. The interests of the leaders of the governments in the region chose to swallow consideration. In this regard, the coalition world’s biggest Muslim country obstructs the lie peddled by the Indonesian govern- expresses its support to the Peace Plan the way. But isn’t this the kind of dilemma ment. But what was most appalling was the which was drafted by the National Council that gave impetus for the establishment of apparent ineptitude of the United Nations of Maubere Resistance (CNRM) and initia- the United Nations? To give all countries, to discipline a so-called leader of the tives towards self-determination advanced big and small, powerful and powerless, Non-Aligned Movement, Indonesia. by other genuine East Timorese groups. strong and weak, equal opportunities before The United Nations was swift in its ac- the bar of world opinion? Isn’t it the UN’s RELEASE OF POLITICAL PRISONERS tion against Saddam Hussein and was effec- mandate to impose the full weight of inter- tive in its peace-keeping role in Angola, Steps must be taken immediately for the national law upon recalcitrant states with Namibia, and Cambodia, not to mention it’s release of all East Timorese political prison- the same dispatch and concern it did during peace-making efforts in Nicaragua and El ers. This call should be taken as part of a the Gulf War? Salvador. APCET is therefore baffled by the package of confidence-building measures. The effectiveness of the United Nations UN’s apparent idling on its task to resolve Among those who should be immediately rests upon common grounds that its member the conflict in East Timor. Compounding freed is Kay Rala Xanana Gusmão, Chair- states are able to achieve. It was under- this perplexity is the fact that the General person of CNRM and Commander-in-Chief standable then that finding such commonal- Assembly has already entrusted the Secre- of FALINTIL. ity was frustrated by the superpower ri- tary-General with specific tasks as regards Freeing Mr. Gusmão is essential to the valry which dictated the contours of interna- the status of East Timor as a non self- gov- resolution of the conflict. He must be given tional as well as regional politics during the erning territory. a direct role in any negotiations regarding Cold War era. The world has since regained Even then, while we question the United East Timor. Xanana Gusmão must assume a that opportunity. However, the “end” of Nation’s apparent dilly-dallying and inutile- leading role in the East Timorese panel that East-West tensions have instead only served ness on the East Timor question, we also will negotiate with the Indonesian govern- to highlight regional conflicts caused by recognize its ability to enforce the consen- ment. regional bullies like Indonesia. sus of the General Assembly on other fronts ON THE SITUATION OF WOMEN The UN General Assembly and the Secu- especially on the issue of non self-governing APCET enjoins the UNHRC Special rity Council have already spoken. It is time territories. (This is actually what behooves Rapporteur on Torture to seek and heed the to apply the UN Decolonization Declara- us!) We take cognizance of a number of such voices of women in East Timor regarding tion in East Timor. Resolutions from both territories that have won the right to deter- atrocities against them, including sexual bodies attest so. What remains to be mus- mine their own future in recent years with violence such as rape, being perpetrated by tered is the political will to apply these significant assistance from the UN. the Indonesian military in East Timor. resolutions and exercise the mandate be- The UN knows its obligation to enforce Likewise, Indonesia’s forced birth control stowed by the UN Charter upon the mem- the sovereign right of the East Timorese program and its aggressive family planning ber states to help colonized peoples gain people to design their own destiny. For program should be investigated. The coali- their inalienable right to self-determination. certain, the United Nations will have to tion views these measures with alarm in the Yet despite the world’s condemnation of enforce the two Security Council resolutions light of reports that these are being used to its illegal occupation of East Timor, Indone- and the eight others that were passed by the terminate population growth among the East sia adamantly clings to its claim over the General Assembly in favor of East Timor in Timorese. The UN should also inquire into territory. It has chosen to ignore the United the soonest possible time. allegations that these measures are part of Nations. It has chosen to ignore worldwide Governed by this circumstance, we ap- the “transmigration” program of Indonesia. public opinion. It has chosen to run rough- peal to this honorable body to not only cast Under this scheme, the rich culture and heri- shod and blackmail its neighbors and force its attention to the proceeding themes but to tage of the East Timorese people will be them to kowtow, nay, kneel to its demands. sink their teeth to them as well. These are obliterated. We cannot, should not, allow this to the requirements recognized by the Coali- To achieve the above recommendations, happen. tion as essential to the preservation of the the United Nations should do everything Surely, it is the apex of hypocrisy for the East Timorese nation. We pray that the within its mandate to expand access inside United Nations and regional bodies such as Committee take cognizance of the urgency East Timor. Indonesia has already promised ASEAN to tolerate the continuing persecu- of resolving the East Timor question and this to human rights and humanitarian or- tion of the East Timorese while at the same take the following recommendations as part ganizations, media, and the UN special rap- time heaving a mouthful for peace and dis- of the steps that the UN shall undertake: porteurs. armament. East Timor Documents, Volume 30. July 13-14, 1994. Page 45

How much longer will this tragedy con- Strongly support the demand of the · Provincial Integrated Development Coor- tinue? CNRM for the full involvement and partici- dinating Council, Pagadian City The answer is lurking somewhere within pation of the East Timorese peoples them- the halls of the United Nations. selves in any negotiations towards the just U.S. REPRESENTATIVE NITA The answer, partly, if not totally, actu- resolution of the East Timor question, M. LOWEY (D-NY) ally rests upon this body’s will. Demand the release of Fretilin leader, Thank you very much. Xanana Gusmão and all other political pris- Statement presented by staffer Jonathan oners languishing in Indonesian jails, Birenbaum Demand a halt to Indonesia’s transmigra- PHILIPPINE SOLIDARITY FOR Mr. Chairman, members of the Commit- EAST TIMOR AND INDONESIA tion and “Javanization” policy and other genocidal practices in East Timor, tee of 24, thank you for this opportunity to address the Special Committee on Decoloni- c/o PCISP, 3-B Potsdam St, Cubao, Quezon Strongly advocate, through the Untied Nations, the imposition of legal, moral, cul- zation. City, Philippines; Telephones: 912-0346/ The fundamental right of a people to 912-8093; Fax 922-8069 / 921-6774 tural, economic and political sanctions against Indonesia for the illegal occupation choose its own government has always had We, the Philippine Solidarity for East of East Timor and the resulting irreparable strong resonance for Americans. The princi- Timor and Indonesia (PSETI), human and material losses, ple of self-determination is rooted in the Denouncing the amoral maneuvers of our Appeal to the international community idealism of Woodrow Wilson, and codified very own government to stop the holding of particularly to the United Nations, the in the Charter of the United Nations. Cou- the Asia-Pacific Conference on East Timor Catholic Church and other humanitarian pled with decolonization, it has been a major (APCET) for fear of damaging official Phil- organizations to take a persistent, more force of democratization around the world. ippine-Indonesian relations, active and constructive engagement in East It is clear that the people of East Timor Decrying the hypocrisy and insincerity Timor’s decolonization process. have never known this right; they have of the Ramos government with regard to Signed on the 8th day of July 1994 never had the opportunity to elect their own freedom of speech and assembly and respect Renato Constantino, Jr. officials or to determine their own futures. for human rights, They were freed in 1975 from Portugal’s Subscribing to the just cause of the East Initial Members colonial yoke only to be burdened with that Timorese peoples for self-determination and A. Metro Manila of Indonesia less than a year later. Numer- recognizing East Timor as a sovereign nation ous human rights abuses now add greatly to · AKSYUN (Coalition for Peace) and neighbor in the same South East Asian the outrage we must feel at their situation. · Alliance for Mindanao Concerns (AMIC) region, As a United Nations member and a world Strongly condemning the orchestrated · Ateneo University Human Rights Center leader, the United States must help to en- genocide and obliteration of the Maubere · Bukluran Para sa Ikauunlad ng Sosyalistang force the U.N. Charter. As a democracy, we people and culture by the Suharto govern- Isip at Gawa (BISIG) take particular interest in its self- ment and its continued illegal occupation of · Caucus of Development NGOs (CODE- determination provisions. In both of these East Timor in utmost defiance of UN reso- NGO) roles, we must take a strong and coherent lutions, · Consortium for Peoples Democracy stand against the Indonesian presence in Strongly concerned over the unabated · Council for National Freedom and Democ- East Timor. plunder of East Timorese human and natural ratic Rights (Confreedem) In the past, the United States has opted resources by Indonesia, Australia and other · Ecumenical Bishops Forum (EBF) for a balancing act; we have weighed eco- non-East Timorese interest groups, · Initiatives for International Dialogue nomic and military goals against humanitar- Strongly denouncing Indonesia’s forced (IID) ian ones, believing that cooperation with the mass sterilization of East Timorese women · Lean L. Alejandro Foundation Indonesian government would induce it to and other acts of atrocities against them, · Moro Human Rights Center expand human rights. Alarmed by Indonesian policy to deny · Movement for Popular Democracy Administrations since 1975 have taken representatives of human fights and other · Partido Demokratiko-Sosyalista ng Pilipi- this approach, and it has failed. According international humanitarian and aid forma- nas to reports from international human rights tions, media practitioners, church represen- · People’s Council for International Solidar- groups including Amnesty International and tatives and other relief and mercy missions ity and Peace (PCISP) Asia Watch, the Indonesian government has and delegations access to East Timor, not seriously investigated human rights · Salinlahi Declare our solidarity with the East claims or moved toward compliance with · Sandigan ng Lakas et Democrasya ng Sam- Timorese peoples and reiterate our firm 1993 recommendations of the United Na- bayanan (SANLAKAS) belief in the justness of their cause for self- tions Commission on Human Rights. determination · SARILAYA Women’s Organization Mr. Chairman, the United Nations must Strongly reject and protest the ploy to · Siglo ng Paglaya (SIGLAYA) now take a stronger stand. Rather than al- treat the East Timor question as an issue · Women’s Legal Bureau (WLB) lowing ourselves to be put off by the possi- internal only to the Suharto government on B. Regional Members. ble consequences of antagonizing Indonesia, grounds of its amoral claims to it as its 27th · Action for Community Empowerment and we should recall the successful stands we province. Services, Inc. (ACES), Northern Samar took against repression in South Africa. our Renew our commitment to the universal- · Concerted Actions for the Upliftment of stubborn insistence on human rights guaran- ity of human rights, particularly in the Phil- Student Endeavors (CAUSE); Dumaguete tees let us watch as government changed and ippines, East Timor and Indonesia, City its people reclaimed their rights. Affirm our support to the peace pro- As the Commission on Human Rights · Notre Dame University Peace Center, posal of the National Council for Maubere has done in the past, we must continue to Cotobato City Resistance (CNRM), urge Indonesia to open East Timor to inves- Page 46 East Timor Documents, Volume 30. July 13-14, 1994. tigators and journalists. Their reports are INTERNATIONAL LEAGUE sembly. But more important than the unrep- invaluable in pointing out to the rest of the resentative makeup of the Assembly or its world the Indonesian government’s weak- FOR HUMAN RIGHTS faulty processes is the fact that no true nesses and lack of support at home. By Charles Norchi, Executive Director, In- choice was possible in the context of what Indonesia is clearly concerned with its ternational League for Human Rights was an ongoing military invasion. Under public image; a judge sentenced Fernando such conditions it is hard to make the claim Araujo in 1992 to nine years imprisonment On behalf of the International League for that a territory that has known independ- for “disgracing the nation in the eyes of the Human Rights, a nongovernmental organiza- ence for only two weeks prior to a massive international community.” We must make tion in consultative status with the Eco- invasion has attained the “advanced state of clear to Indonesia that the way to eliminate nomic and Social Council, I want to thank self-government” that Principle IX requires. embarrassing criticism is not to suppress the you and your colleagues for the opportunity The United Nations understood that the critics but to reform treatment of the ac- to speak before this committee today on Regional Popular Assembly was not an cused and prisoners. East Timor. The matters of decolonization acceptable vehicle for a choice on integration Reports alone are not enough, though and self-determination that this committee and hence rightfully declined to observe (and they help to rally international support. We regularly addresses have long concerned the hence lend legitimacy to) its proceedings. must also be willing to press hard to ensure League. Since our founding in 1941, we have But today there is no need to dwell on that Indonesia’s leaders act on the Commis- rendered assistance to advocates of inde- these and other legal arguments. Not only sion’s recommendations, that they are not pendence from over thirty countries which have we made the arguments many times only aware of their failings but also working have since become members of the United before, but these arguments have been ac- to correct them. They must recognize the Nations. In fact, one of the League’s proud- cepted by the relevant United Nations or- rights of the Timorese people, and we must est achievements in this regard is the assis- gans. As this Committee well knows, both oblige them to do so. As the United States tance that we provided to Dr. Mohammed the General Assembly(2) and the Security House Appropriations Committee has Hata, one of the “Founding Fathers” of Council(3) have deplored Indonesia’s use of urged, we must put force behind our words, Indonesia, a man who worked tirelessly for force and have called for self-determination for example, by completely cutting off arms his country’s independence from its Dutch for the people of East Timor. The General sales until they comply. colonial rulers. It is therefore with irony and Assembly has rejected the claim that East As the imprisoned leader of the East sorrow that we find it necessary to appear Timor has been incorporated into Indonesia, Timorese independence movement, Xanana before this Committee once again to protest inasmuch as the people of the territory have Gusmão said, “The so-called Indonesian Indonesia’s denial to East Timor of the not been able to exercise fully their right to provisional government was formed over the rights of self-determination and equality that self-determination and independence.(4) corpses of the Timorese massacred,” in it sought so properly for itself almost fifty Indonesia’s arguments as to how it has actu- December 1975. Despite the Indonesian years ago. ally allowed for self-determination in East government’s claims to the contrary, there The International League for Human Timor have wisely and in no uncertain terms has been no valid act of Timorese self- Rights has been active regarding the situa- been rejected. determination. Nor can “cultural differ- tion in East Timor since Indonesia’s inva- Mr. Chairman, we repeat these facts be- ences” obscure the government’s abuses. sion and purported annexation in 1975. We fore this body today not to advance new Detention of prisoners without legitimate first spoke on this matter at the Fourth arguments as to why Indonesia has acted in trials and government complicity in massa- Committee of the General Assembly in flagrant violation of international law, but cres is criminal wherever in the world they 1978 and we have appeared many times only remind you of what has already been occur. since – before the General Assembly until determined. As we discuss the human rights We must solidify our position. Indonesia 1982, and subsequently before this Commit- situation in East Timor we ask this Commit- must be made to recognize that the human tee. On each of these occasions we have tee not to forget the backdrop: an occupa- rights of the Timorese, and of its own citi- emphasized the illegality of Indonesia’s tion that has been deemed illegal by the zens, are non-negotiable. Only a referendum actions – the ways in which these actions United Nations of a nation that has never among the East Timorese themselves can constitute flagrant breaches of the United known self-determination. legitimately determine their status. Nations Charter and of the relevant resolu- According to foreign journalists, NGOs Until the people’s votes are counted and tions of the Assembly interpreting the Char- and reports to the United Nations, funda- their voices heard, the international commu- ter on both the use of force and the principle mental human rights continue to be widely nity and its principle of self-determination of self-determination. abused in East Timor. The central problems cannot be satisfied. In particular, the League has often argued are an atmosphere of fear created by the Mr. Chairman, I appeal to this Commit- that Indonesia’s claims regarding the “incor- large military presence and the treatment of tee, to the United States, and to the rest of poration” of East Timor do not meet the individuals who are suspected of having the world to recognize the clear danger to requirements of Principle IX of Resolution pro-independence sentiments, even if these universal human rights that Indonesia’s 1541 (XV) of the General Assembly(1), sentiments are expressed peacefully. To give flagrant violations present. In standing up which deals with the method by which a the Committee a recent example, three East for the rights of the East Timorese, we will non-self governing territory can become Timorese – Issac Soares, Miguel de Deus be standing for the rights of all free peoples. voluntarily integrated with another state. and Pantaleao Amaral – were just last month Thank you. The ways in which the Indonesian “incor- sentenced to 20 months in prison for shout- poration” fails to satisfy Principle IX are ing pro-independence slogans to foreign numerous: the Regional Popular Assembly journalists in April. These detained of East Timor that Indonesia created to Timorese were reportedly tried as many rubber-stamp the annexation was not independence activists are tried in East formed on the basis of one-person-one vote, Timor – without legal counsel during either nor was there serious debate on integration, interrogation or trial.(5) nor were other choices offered to the As- East Timor Documents, Volume 30. July 13-14, 1994. Page 47

The very serious human rights problem nesians, never having the chance to assert its into the territory it occupies” and Resolu- on the island continues to be noted by the own destiny. tion 25/118 against the same actions particu- United Nations itself. In early 1994, the In this way, the abuses of human rights larly when they “may constitute a major Special Rapporteur on the Question of Tor- in East Timor are not isolated outbreaks of obstacle to the genuine exercise of the right ture, the Special Rapporteur on Extrajudi- cruelty, but symptoms of something more of self-determination and independence by cial, Summary or Arbitrary Executions, the systemic. Put simply, there would not be the people of those territories.” Working Group on Arbitrary Detention and human rights violations by the security Mr. Speaker, we come before you today the Working Group on Enforced or Involun- forces in East Timor if there were not more with the realization that no resolution that tary Disappearances all filed reports with than 5,000 Indonesian troops and military your Committee passes on this matter will sections on East Timor. intelligence officers occupying the territory. by itself bring decolonization and self- The Special Rapporteur on the Question There would not be troops occupying East determination to East Timor. The United of Torture included in his 1994 report(6) Timor if they weren’t needed to suppress Nations is often unable to apply its deci- several well-documented accounts of torture the population’s desire for independence. sions, no matter how fair those decisions of political prisoners in East Timor, which And the population wouldn’t be crying out may be. But the point, Mr. Speaker, is that he forwarded to the Indonesian government for independence if it was allowed to exer- the United Nations and its various bodies in 1993. cise that most fundamental of rights, the can still make those decisions, can still af- The Special Rapporteur on Extrajudicial, right to self-determination. firm and promote what is lawful and what is Summary or Arbitrary Executions wrote in Self-determination. East Timor proves just. What is important is that the East his report(7) that “East Timor continued to once again the broad importance of that Timorese continue to strive for self- be particularly affected by violations of the political principle. When it is denied, ig- determination and that this Committee can right to life perpetrated by the Indonesian nored, or forgotten the price is paid in hu- play an important role in helping them real- security forces” and stated his concern that man suffering. Such is the case in East ize their legitimate claims under international “the perpetrators of human rights violations Timor, a nation where all human rights are in law. continue to enjoy impunity.” jeopardy because a fundamental right – the NOTES The Working Group on Arbitrary Deten- right of a non-self governing territory to 1) G.A. Res. 1541 (XV), 15 U.N. GAOR, tion(8) assessed the case of Fernando de freely choose its political status – has not Supp. (No. 16) 29, U.N. Doc. A/4684 Araujo, an East Timorese arrested in Balie yet been realized. (1960) who was sentenced to nine years imprison- Mr. Speaker, there is some urgency to ment for protesting against the massacre of this matter. Last July, the League brought to 2) G. A. Res. 3485 (XXX), 30 U. N. GAOR, peaceful demonstrators by Indonesian the attention of this body a practice which if Supp. No. 34, at 118 (1975) troops on 12 November 1991 at the Santa continued could prevent the East Timorese 3) S.C. Res. 384,30 U.N. SCOR, Resolutions Cruz cemetery in Dili. The Working Group from ever being able to freely choose their and Decisions, at 10, U.N. Doc. S/INF/31 decided that his arrest and continued deten- status. I am referring to “transmigration,” (1975); S.C. Res. 389, 31 U.N. SCOR, tion was arbitrary, that his trial did not meet the Indonesian resettlement policy whereby Resolutions and Decisions, at 18, U.N. international standards for fairness, and that population is transferred from densely Doc. S/INF/32 (1976) there was evidence that he may have been populated to sparsely populated parts of 4) G.A. Res. 31/53, 31 U.N. GAOR, Supp. tortured while under detention. the archipelago. This policy, whatever its No. 39, at 125, U.N. Doc. A/31/39 (1976) During 1993, under its urgent action pro- merits for Indonesia proper, takes on more 5) Amnesty International, Urgent Action cedure, The Working Group on Enforced or foreboding overtones when applied to East Appeal UA 198/94 (23 May 1994) and Involuntary Disappearances(9) transmitted Timor. An Observer article of May 1993 follow-ups (2 June, 20 June, 27 June) to the Government of Indonesia 17 newly estimates that half of the population of Dili 6) U.N. Doc. E/CN.4/1994/31, par. 325-343 reported cases of disappearances of persons was born outside of East Timor and about a 7) U.N. Doc. E/CN.4/1994/7, par. 343-56 who had been reportedly arrested in Dili third of the total population is now made up 8) Full Report in U. N. Doc E/CN. without a warrant and held incommunicado. of immigrants.(11) Edward Theberton, a 4/1994/27, par. 1 - 11 In its response, the Indonesian government journalist for the Australian daily The Age 9) Full Report in U.N. Doc. E/CN.4/1994/26, called the cases fabrications but was unable who travelled to East Timor in February, par. 260-9 or unwilling to provide information on the received reports that two ships arrive in Dili 10) C.H.R. Res. 1993/97, U.N. Doc whereabouts of any of the particular indi- per week carrying Javanese settlers who are E/CN.4/1993/L.11 Add.9 (1993) viduals mentioned. provided with backdated identity cards so 11) East Timor: “Web of Terror Traps Indonesia may claim that the Rappor- that they would be able to vote if a plebi- Timorese,” The Observer, May 30, 1993, teurs and Working Groups have received scite on East Timor’s future were to take p.11 false reports, yet if the government of Indo- place.(12) 12) "In Dili, even your waiter can be a nesia did want to further access to informa- Resettlement of Indonesians into East spy,” The Age, 25 February 1994 tion, it could invite the Working Groups and Timor, as we pointed out last year, runs 13) 35 U.N. GAOR, Supp. No. 48, at 21, Rapporteurs to East Timor to assess the counter to at least two significant interna- U.N. Doc. A/35/48 (1980) situation for themselves, an action which tional instruments – Article 49 of the Fourth Human Rights Commission resolution Geneva Convention of 1949 (to which In- 1993/97(10) strongly urged the government donesia is party) and GA Resolution 25/118 NATIONAL COUNCIL OF of Indonesia to undertake. “Plan of Action for the Full Implementation MAUBERE RESISTANCE Mr. Chairman, as much as we look to of the Declaration of the Granting of Inde- these branches of the problem we cannot pendence to Colonial Countries and Peo- Presented by Constâncio Pinto forget its fundamental root: decolonization ples"(13). Both of these instruments contain I am Constâncio Pinto, the Representa- has never reached East Timor. The nation rather blunt obligations, the Geneva Con- tive of the National Council of Maubere has travelled directly from domination by vention against the occupying power trans- Resistance to the United Nations. the Portuguese to domination by the Indo- ferring “parts of its own civilian population Page 48 East Timor Documents, Volume 30. July 13-14, 1994.

Allow me, Mr. Chairman, to explain the of the Southeast Asian and South Pacific UN Secretary General’s mandate to find a Organization that I belong to. The National regions. The CNRM aspires to a strong solution to the East Timor conflict. The Council of Maubere Resistance, CNRM, is democratic state based on the rule of law, plan is congruous with statements by East the main organization of East Timorese emanating from the will of the people ex- Timor Catholic Church leader Bishop Belo, nationalists struggling for self-determination pressed through free democratic elections. and consistent with current UN and Portu- and independence. The CNRM was created Development of a free information media, as guese approaches. The plan has also re- in 1988 by Resistance Leader Xanana Gus- independent as the judiciary, will be encour- ceived support in the US Congress, Europe, mão as a unifying non-partisan body bring- aged. Firmly believing in the universality of Canada and Japan. Indonesia’s friends have ing together the Timorese political forces, human rights, transcending state boundaries been able to perceive its value as a potential “Forças Armadas de Libertaçao de Timor- and prevailing over state sovereignty, an means of assisting Jakarta to conveniently Leste” (FALINTIL), and all the under- independent East Timor will contribute to extricate itself from its East Timor quagmire. ground East Timorese political resistance the strengthening of human rights. The crea- Allow me, Mr. Chairman, to elaborate groups operating in East Timor and Indone- tion of an International Human Rights Court on the CNRM Peace Plan. sia. and a penal court to try crimes against hu- Phase One (one to two years): Indonesia- The CNRM has thus emerged as the or- manity will be actively supported. All hu- Portugal talks under the auspices of the UN ganization embodying all currents of East man rights treaties will be submitted to the Secretary General, with East Timorese par- Timorese nationalism, and the chief vehicle East Timorese Parliament for ratification. ticipation, to achieve an end to armed activi- through which it is expressed, both inside Free education and health care is essential ties in East Timor; release of political pris- Indonesia and occupied areas, and the Dip- for the welfare of the population, and thus oners; reduction of Indonesian military per- lomatic Front operating overseas. significant investments in these areas will be sonnel; removal of armaments; expansion of The CNRM’s leadership inside East required. The money saved from not sup- the activities of the International Committee Timor is grouped into the Executive Council porting a standing army will be well used in of the Red Cross; reduction of Indonesian of the Armed Resistance (made up of four these areas. A healthy, sane and happy civil servants; population census; access by people) and the Executive Council of the society cannot be based on hatred and re- UN specialized Agencies for restoration and Clandestine Front (made up of five people). venge, therefore a general amnesty and na- protection of the environment, resettlement, The Armed Resistance is led by Falintil, tional reconciliation will be proclaimed, district development, women and child care whose main leader is Nino Konis Santana, aimed at forgiving current enemies. Because and public health and immunization; restora- who is also the chief of Fretilin. The Clan- of its credibility and good standing over the tion of all human rights, removal of restric- destine Front is led by Sabalae. past twenty years, the East Timor Church tions on Portuguese and Tetum languages; Aware of the country’s location, the will be expected to play a major role in the setting up of an independent Human Rights CNRM believes in close and harmonious healing process. The issues of resettlement Commission; establishment of a United relations with all neighboring states in Asia for the many thousands up-rooted through- Nations headquarters in East Timor. and the South Pacific. The independent out the last two decades, as well as compen- Phase Two – autonomy (five years): Republic of East Timor will seek member- sations for properties lost will need to be This is a transition stage of autonomy in ship in both ASEAN and the South Pacific addressed. Also, over 100,000 Indonesians which East Timorese would govern them- Forum. Close ties with Portugal will also be have settled in East Timor, many of them selves democratically through their own maintained given the high moral standing it looking for a better life. Those who are will- local institutions. This would require de- has shown through its abiding commitment ing to abide by East Timorese laws and live mocratic elections of a local Assembly with to East Timorese self-determination. in harmony as members of the society will a five - year mandate under the supervision East Timor is at the crossroads of three be welcome to stay and join in building a and assistance of the United Nations. Only major cultures and religions: Melanesian, better future for everyone. The wealth of East Timorese may vote and be elected; binding its people to the South Pacific; Ma- their culture could be an enriching contribu- election of an East Timorese Governor for a lay-Polynesian, as many East Timorese tion to the future of East Timor. five year term by the Assembly; Assembly trace their roots to Southeast Asia; and, East Timor is potentially self-sufficient powers to include legislation concerning European, a result of the four centuries of in most agricultural goods, meat and fish. It international trade relations, investment, Portuguese Catholic presence. This influ- has large oil reserves and other minerals. property, immigration and other matters; ence give the East Timorese nation-state a After independence, economic resources will withdrawal of all Indonesian troops and distinct character. It could be a valuable be channeled into food production for the further reduction in the number of Indone- partner for ASEAN and South Pacific Fo- population. Government policies will be a sian civil servants; territorial police force rum member states in their relations with result of close consultation with the people organized by the United Nations placed the European Union, Africa and Latin in each region, town and village. The coop- under the command of the governor, the America. The majority of East Timorese eration of UN Specialized Agencies will be territory is to have no army. Phase two may exiles are resident in Australia and Portugal. sought to implement a reforestation program be extended by mutual consent between They could contribute to the bridging role of to save the badly damaged environment. Indonesia and the East Timorese population East Timor between their adopted countries International partnership in the explorations expressing their views through a referendum. and South Pacific states. of underground natural resources such as oil Phase Three – self-determination: Covers The CNRM envisages an independent will be sought. However, the environment preparation for a self-determination referen- Republic of East Timor without a standing must not be sacrificed for short term gains. dum, to be held within one year of the army. External security will rely on a Treaty The “Timor Gap Treaty” will be looked at, commencement of this phase, whereby the of Neutrality, guaranteed by the Permanent clarification sought, and renegotiated. The population may choose between free asso- Members of the UN Security Council. sea boundary dispute will have to be settled ciation or integration into Indonesia, or in- Working with its neighbors and the United through an international tribunal. dependence. Nations, East Timor will endeavor to declare Consistent with the enhanced peace- Now, I would like to provide information the country’s surrounding seas a Zone of making role of the United Nations, the about the current situation in East Timor. Peace, and to work towards demilitarization CNRM has advanced a plan to assist the East Timor Documents, Volume 30. July 13-14, 1994. Page 49

Based on a report by the Head of the Ex- repression. Solemn commitments under- meeting with the foreign ministers of Portu- ecutive Council/Armed Front, Nino Konis taken by the Foreign Minister of Indonesia gal and Indonesia, there will be real progress Santana, dated June 16,1994 members of the Mr. Ali Alatas to the Commission on Hu- in the human rights situation in East Timor Indonesian security forces continue to en- man Rights and to the Secretary General in and the discussions of the political aspect of gage in gross and systematic abuse of human New York on September 17, 1993 and at the this problem. rights. Geneva talks on May 6, 1994 have been Nino Konis Santa reports referred to an systematically violated. The practice of MAUREEN TOLFREE incident that took place on May 6, 1994 in torture is routine. the locality of Uelau, approximately 3 kilo- We hope that the Indonesian authorities Esteemed members of the UN Special meters West of the village of Mau Kate. “A allow Mr. Bacre Waly Ndiaye, the United Committee, young boy named Marcelo, son of Mau Nations special rapporteur, who is now in May I first of all thank you for allowing Buti and Si Mau, was assassinated by an East Timor to investigate all these atrocities me to present a petition to this Session. Indonesian military patrol. and especially to investigate the massacres My name is Maureen Tolfree and I am Marcelo and his 3 brothers went on a of November 12, 1991, and at the Military from Bristol in England. I am the sister of food hunting expedition (“Sari hidup”) with Hospital in Dili, both shown in the film Brian Peters, one of the five journalists a permission granted by the local military “Death of a Nation.” murdered in Balibo, East Timor on 16 Octo- authorities. The brothers’ dog spotted a Mr. Chairman, allow me to explain the ber 1975. Brian, who was four years deer, chased it, and after hunting the deer reconciliation talks. We know that Mr. younger than me, was the oldest of my three down killed it. The boys made a fire to cook Abilio de Araújo, who was recently expelled brothers. He went to Balibo on assignment the deer and when the smoke rose from the from the Fretilin party and who master- as a cameraman for Channel 9 television, fire, it attracted the attention of one platoon minded the reconciliation talks, visited the Sydney, Australia. from either battalion 745 or 717 operating in United Nations. His visit had as main pur- I have a personal interest in all this. I was that zone. The soldiers went in the direction pose to convince the United Nations to send not only his sister but almost his mother. of the smoke and surrounded the four boys observers to the second reconciliation talk in Our mother left home when I was fifteen so who were unarmed civilians. In spite of Rome. This talk is being cosponsored by the it was left to me, with my father, to bring knowing that, the commander of the platoon Indonesian Secret Service. Therefore the my brothers up. ordered his men to open fire emptying a full National Council of Maubere Resistance My brother died a terrible death when he magazine from M16 automatic rifles, as if publicly denounces the persistence of Mr. was trying to help the people of East they were firing on armed guerrilla fighters Abilio de Araújo to continue a political ad- Timor. I have come here to speak to you in open combat. Marcelo was shot in the venture that only causes upheaval among because I know that he would have wanted stomach, and could not move, while the the Timorese, and delays the United Na- to call on this Committee to do everything other three were able to escape. Marcelo tions’ efforts to obtain a peaceful outcome for the East Timorese to be allowed to de- called out identifying himself but the sol- for East Timor based on the UN resolutions. cide on their own future. diers continued to fire. The commander then These reconciliation talks have not been You will understand from what I have to ordered that a hand grenade be thrown to kill accepted by the different forces that are say, why I never came to speak to you be- Marcelo. As if this was not enough, the struggling for East Timor’s independence, fore. commander put Marcelo’s dead body particularly by the Catholic church in East When he was about 18, Brian emigrated against a tree and invited his soldiers to see Timor and the Resistance movement in and to Australia. In September 1975 he wrote what a good shot he was and how they outside of the island. There is no doubt that and told us he had had an incredible week in should shoot the “ GPK” ( security disturb- the reconciliation talks are orchestrated by a place called East Timor. Though there had ers) and their supporters, and proceeded to the Indonesian government with the pur- been some fighting between Fretilin and empty another magazine into the boy’s pose of demobilizing the Timorese Resis- UDT, he and Gerald Stone, his news direc- corpse. Marcelo’s heart was expelled from tance, and of halting any diplomatic at- tor from Channel 9, discovered that Fretilin his body out through his back. After this tempts by the international community. was in control of most of Dili. When he left, inhuman crime, they threw his dead body The CNRM position is inalterable: We he helped a group of 140 UDT refugees to into the river and cracked open his skull are ready to participate in any dialogue that go to Darwin. He also brought out an urgent with rocks.” seeks an effective solution to the conflict in appeal from the then president of Fretilin, Marcelo’s case is not isolated. On June East Timor under the United Nations’ aegis. Francisco Xavier do Amaral addressed to 10, six prisoners were removed from Dili to Moreover, we are ready to participate at the “the brotherly people of Australia” asking Semarang prison in Java without informing meeting that was convened in Geneva on for help. He spoke of his people’s “inalien- their families. The six prisoners are Fran- May 6, to be held in the near future, be- able right” to “total and complete independ- cisco Miranda Branco, Jacinto Alves, Filo- tween Timorese pro independence and ence” and asked the Australian people to meno Pereira, Juvencio Martins, Gregorio Timorese pro integration with Indonesia, “give the Timorese people help in order to Saldanha and Saturnino da Costa Belo. with representatives from Indonesia and avoid any foreign intervention.” Other cases are José Manuel da Silva Portugal respectively. This meeting, which I have this photo of Brian’s arrival back Fernandes, a young boy, arrested in January is being organized by the United Nations, is in Darwin. 1992, who is now being held by the army in the only one format that the CNRM consid- Because he had done so well on his first Vikeke and is not allowed any visits by the ers credible and valid. assignment, he was asked by Channel 9 to International Red Cross nor by his relatives. Mr. Chairman, to conclude I wish to ex- go on a second assignment to East Timor. Horacio da Costa, arrested in Same in Au- press our gratitude to the Secretary General This was when he went to Balibo. gust 1992, is now being held by the army in of the United Nations for his steadfastness The first I heard of what had happened Betano. in addressing the problem of East Timor and was when Brian’s ex- girlfriend phone me on The situation prevailing in East Timor is to find a just and lasting solution based on 18 October to say he had gone out with four characterized by an escalation of military our inalienable right to self-determination. other journalists and that four bodies had aggression and intensification of political We hope that by the time we arrive at the been found. She told me the fifth man had Page 50 East Timor Documents, Volume 30. July 13-14, 1994. not been found, so we hoped that it might Apart from a statement by an Australia by the National Council of Maubere Resis- be him and he had gone into hiding. official and an account of an investigation tance (CNRM), is a Member of the Unrep- But the next Monday, Gerald Stone said to have been conducted into the five resented Nations and Peoples Organization phoned to say he feared all five journalists deaths suggesting that they had died in mor- (UNPO). The Member nations and peoples had been killed. He said we’d get a telegram, tar fire, I heard nothing more. of UNPO, now numbering over 40, work which we did. There seemed to be a lot of I got some clippings but every time I together to realize their legitimate aspira- confusion, but we got no more news. I felt I looked at them, I got upset and so did my tions through non-violent means (See Annex had to do something so I went to Australia father. I couldn’t risk upsetting him. He I to this Statement). For some UNPO on 20 November 1975 to sort out Brian’s suffered three heart attacks between Brian’s Members, such as East Timor, those aspira- effects. It was all very distressing. death and his own death in 1990 so I let tions include decolonization of their nation Soon after I arrived in Australia, I had a things lie, meaning to do something, eventu- and the full exercise of their right to self- phone call from Foreign Minister Andrew ally. determination. Peacock or perhaps it was an official from Then some months ago, I heard about a The right to self-determination of the his department, saying how sorry he was radio programme when John Pilger spoke people of East Timor is recognized by the about the death of my brother but “there about East Timor. Then I heard of a demon- United Nations and is legally beyond ques- was nothing I could do or say in the matter stration about East Timor in Bristol in tion. The invasion of East Timor by Indone- that would help in any way.” March this year. For the first time, I realised sia in 1975 was condemned several times by On my way back from Australia, because that many people in the UK were working the UN Security Council. Res. 384 (22 De- Qantas workers were on strike, I had to take for East Timor. Since then I have discovered cember 1975), for example, not only con- a charter flight to Jakarta and pick up a Pan many amazing things. I have heard that demns the invasion but also calls on Indone- Am flight to England. Someone told me the journalists tried to contact me and my father sia to withdraw its armed forces without remains of my brother would be taken to after Balibo but were told by the Foreign delay and reaffirms East Timor’s right to Jakarta so I thought I should try to stop by Office not to do so. I’ve also found out that self-determination. Yet, for 19 years the in Jakarta. I asked the air hostess to arrange the Foreign Office was informed about the government of Indonesia has persisted in this. She did and four men came to fetch me deaths of the five journalists within 24 violating its international obligations. That, from the plane. I’m sure they were soldiers hours. They knew the details, knew that the in no way diminishes the peoples right to as they were in khaki and had guns in their Indonesians had killed those men, knew it the full realization of their inalienable right holsters. They took me to a room and one of officially from Australia’s Defence Minister to self-determination. If anything, the brutal them stood guard at the door. About 15 but hid the fact. treatment of the people, which resulted in minutes later, a phone rang and he indicated So, why am I here? What do I want? the death of one third of the entire popula- that I should pick it up. It was someone Many things. I want you to call for the tion of that nation, strengthens not only the from the British or Australian embassy - I people of East Timor to have an interna- claim to self-determination, but the obliga- couldn’t tell which - advising me that they tionally-supervised referendum on their tion of the international community and, in couldn’t guarantee my safety and urging me future. I also want governments, including particular, of the United Nations, to take to get on my booked Pan Am flight. So my own, to stop lying about East Timor. I measures to ensure its full and free realiza- that’s what I did. want to know why my brother and his col- tion. UNPO’s General Assembly Resolu- Back in Bristol, I got two letters from my leagues are buried in Jakarta. I want their tion (GA3/1993/11) adopted on 01-24-1993 MP, Tony Benn. The second one was all bodies to be re-buried in East Timor or Aus- strongly condemned the “continuous gross about the personal effects of the five miss- tralia, as their surviving relatives want. violations of human and indigenous rights of ing journalists, and four boxes, containing I want a properly conducted investiga- the people of East Timor” . the remains of four of the journalists. The tion into the deaths of the five journalists. We are pleased at the continuing efforts letter said “the Australian embassy doctor But most of all, I want everything possible of the Secretary General, Boutros Boutros- confirmed that positive identification of the to be done for the people of East Timor. I’m Ghali, to seek a just, comprehensive, and bodies was not possible.” It also said “the a hundred per cent sure that that is what internationally acceptable settlement to the authorities handed over documents and a Brian would have wanted if he had not been question of East Timor in successive rounds camera said to have been found beside the murdered. of talks with Indonesia and Portugal. We body of a fifth European whose remains had I’d like to close by showing this plaque have followed the fourth round of meetings been burned.” which my brother was awarded posthu- with the Foreign Ministers of Indonesia and Later I read a Newsweek report of 10 mously by Thorn-EMI, for his coverage of Portugal in Geneva in May 1994 with inter- November 1975 which said that one of the East Timor. est. UNPO believes, however, that it is journalists “Malcolm Rennie, reported Thank you very much. imperative, in seeking a just and lasting reso- shortly before the battle that he had film of lution of the question of East Timor, to Indonesian warships and helicopters taking UNREPRESENTED NATIONS include the representatives of East Timor in part in the fighting on Timor.... ‘It’s no AND PEOPLES the Secretary General’s talks. At the last secret that Indonesian troops are crossing round of talks, Indonesia and Portugal de- the border,’ said one Australian diplomat in ORGANIZATION clared their readiness to meet with “leading Canberra last week. ‘And the last thing they East Timorese supporters and opponents of Delivered by Dr. M. C. van Walt van Praag, want is to have a foreign TV crew catch integration.” The Secretary General of the General Secretary them red-handed.’“ United Nations should do no less. We urge The Newsweek report was illustrated by Mr. Chairman, Distinguished Members that he meets with the Chairman of CNRM, three photos. One was of the building used of the Special Committee on Decoloniza- Mr. Xanana Gusmão and the CNRM’s by the TV crews with “AUSTRALIA” in tion, Special Representative, Mr. Ramos Horta huge letters on the wall. Two smaller photos We are pleased to address this Commit- before or as part of the next round of talks of Brian and Malcolm Rennie were cap- tee today as it once again reviews the situa- to be held in January 1995. We propose that tioned: “Strong suspicions of foul play.” tion in East Timor. East Timor, represented this Committee recommend this course of East Timor Documents, Volume 30. July 13-14, 1994. Page 51 action to the Secretary General. The gov- a referendum. “Indonesia says that the peo- UN Commission on Human Rights and the ernment of Portugal must be complimented ple of East Timor have already chosen inte- UN Secretary General to increase access to on its continuing efforts on behalf of the gration, but the people of Timor themselves East Timor for the United Nations and for people of Timor. Nevertheless, the problem have never said this. And we continue to die human rights organizations. I would like to cannot be solved without the participation as a people and a nation,” wrote Bishop request permission for UNPO to send a of the leaders of the East Timorese resis- Belo. mission to Indonesia and regions under its tance, regarded by their own people as the At the last round of talks in Geneva, the administration, including East Timor, before legitimate representatives of East Timor. need for access to East Timor for the United the end of this year. Mr. Chairman, UNPO believes that the Nations, human rights organizations and The objectives of the mission are to East Timor Peace Plan first articulated by humanitarian organizations was once again gather information on the human rights the Resistance leader Xanana Gusmão and stressed. This was in keeping with the situation in East Timor and elsewhere, and then officially presented by CNRM’s Sp e- Commission on Human Rights’ “consensus to promote a reduction of tensions and to cial Representative, José Ramos Horta to declaration” adopted in Geneva on March 9 help find peaceful and just solutions to ex- the Political Committee of the European of this year. The Special Committee on isting problems. Parliament in 1992, provides the best basis Decolonization should be informed, how- We will be glad to provide details of the for a process that can lead to a just and last- ever, that in practice access is still very proposed composition of the mission and ing peace. The 3-phase plan is consistent limited. UNPO had twice asked for permis- the places we wish to visit at your request. with statements by Bishop Belo, the East sion to visit East Timor with human rights It is my sincere hope that the Indonesian Timor Catholic Church leader, and has been experts, but received no response. A third Government will honor its commitments endorsed by Portugal, who presented it to request was sent to the Foreign Minister of and respond favorably to our proposed the UN Secretary General. We recommend Indonesia this week (See Annex II). After mission. that the plan be used as a basis for discus- the renewed commitment made by H.E. Mr. If there is any further information you sion both by this Special Committee, and by Ali Alatas to the UN Secretary General, we require, please do not hesitate to contact us. the UN Secretary General in discussions hope a favorable reply will be obtained in Thanking, Your Excellency, for your kind with Indonesia, Portugal and East Timor. the near future. attention and cooperation I remain, In a recent interview Bishop Belo de- In closing, Mr. Chairman, let me quote Yours sincerely, nounced the “routine nightmare” suffered from the text of Xanana Gusmão’s defense Dr. M.C. van Walt van Praag under Indonesian occupation (The Times, plea, which he tried but was prevented from General Secretary London, 8 July 1994). He reiterated the reading at the close of his trial in Dili on need for a referendum to decide the future May 17, 1993, four days before being sen- CATHOLIC INSTITUTE FOR status of East Timor and called for a “spe- tenced to life imprisonment. Xanana Gus- INTERNATIONAL RELATIONS cial status” of autonomy for the interim mão has become the Nelson Mandela of (Catholic Institute for International Rela- East Timor, which the conscience of the Presented by Sally K. Levison tions, 8 September 1993). The requirement world cannot ignore. He must be released if of a referendum and the need for a special peace and justice is to be restored to East ‘A persevering dialogue, which I have called autonomous status in the interim are both Timor. In his words, for in the past, is needed so that all parties also contained in the 3-phase Peace Plan. “The question of East Timor is the re- which play a role in the life of East Timor Bishop Belo also rejected the attempts sponsibility of the international community, will lay the foundations for a political and a by some to hold “reconciliation talks” which a question of international law. It is a case in social life in harmony with the aspirations of would not include all Timorese leaders, par- which universal principles are at stake, a the people.’ ticularly those of the CNRM, FRETILIN case where the decolonisation norms of the – Pope John Paul II, 1992 and UDT. In line with the UN Secretary UN have been manipulated, a case where General’s views, expressed in point 8 of the Indonesia has disregarded the resolutions of Chairperson and honorary members of Statement on the Question of East Timor the UN, a case therefore of the flagrant vio- the Committee, released by the UN on 6 May 1994, we lation of the principles of the Non-Aligned The Catholic Institute for International believe that all intra-Timorese dialogue must Movement, and of the universal pattern of relations has continued to monitor the situa- take place under the auspices of the UN law, peace and justice.” tion inside East Timor since we presented Secretary General. Thank you Mr. Chairman our petition to your committee last year. It Bishop Belo should be praised for his ANNEX II: LETTER TO MINISTER is a year during which we have continued, loudly and clearly, to hear the cry of the consistent efforts to promote the interests ALATAS of the people of East Timor through peace- people of East Timor, especially it mothers, ful means. He has succeeded in preventing H. E. Ali Alatas for freedom, for justice and for the return of worse outbursts of violence on the island Minister of Foreign Affairs of the Republic their children missing and still unaccounted through moderation, and continues to speak of Indonesia for since the Santa Cruz massacre of No- out on the human rights abuses inflicted Jl.Taman Pejambon 6 vember 1991, in which at least 273 people upon his people by Indonesian authorities, Jakarta, Indonesia died. The Hague, May 24, 1994 despite the great risks of doing so. In fact, In their heart-rending appeal to the first there have been two attempts to kill the Your Excellency, lady of the United States of America last Bishop. The first was shortly after he sent a The Unrepresented Nations and Peoples autumn, these mothers spoke of the ‘silence secret letter to the then UN Secretary Gen- Organization presents its compliments to of this immense sorrow, [not] knowing eral Javier Perez de Cuellar in 1989. The the Government and the People of Indone- where our beloved, martyred children are second attempt was in 1991. In the letter to sia. buried.’ Yet they still knew where they Mr. Perez de Cuellar, Bishop Belo called for In reference to my earlier letter to your stood: ‘We are a little people, frail in all a genuine and democratic process of decolo- Ambassador of July 12, 1992, and in line aspects of life, but we wish to keep alive the nisation to be initiated in East Timor and for with your Government’s commitment to the Page 52 East Timor Documents, Volume 30. July 13-14, 1994. flame of our resistance, which identified us the integration of East Timor into Indonesia Once more, assuming our responsibilities, as a free and honourable people.’ whilst (quote) ‘People still live in fear. They allow us to remember yours. Nothing can be more distressing than the don’t dare go out at night. Many people, Since 1975 that United Nations General disappearance of one’s child: the constant including the young are called for interroga- Assembly condemned Indonesia to with- hope that each day brings of the longed-for tions... If people talk about their rights, they draw its Armed Forces from East Timor return, the dashing of the same hopes as the are accused of being members of Fretilin, or under Resolution 384 of Security Council. sun sets without news, and the inability to the clandestine....’ Until now without substantive results. mourn and come to terms with death – The Bishop calls for autonomy to be On General Assembly thirty-seventh which might at least resolve the pain of the granted to East Timor in which its religious Session by Resolution 37/30 of 23rd No- relentless incertitude of days, months, years traditions be respected. The referendum for vember 1982, the Secretary-General was of waiting. which he called in 1989 is both ‘necessary entrusted of consultations with concerned Yet how many children have disappeared and urgent.’ As he says, ‘if the situation has parties, to explore possibilities and ways to never to return in this ravaged land? How improved, and people already live in calm arrive to an acceptable solution being re- many more are yet to do so, whisked away and quiet ...why should we be afraid of a ported next Session. From 1983 to 1994, by soldiers in the dead of night, beaten, referendum?’ eleven years passed, and, in spite of the tortured, disfigured, buried in unmarked The issue of East Timor is political and Secretary-General efforts, General Assem- graves? can only be settled by careful and protracted bly as been apprised of unsatisfactory an- How can we hope that the Indonesian negotiation. In recalling the UN Charter, swers to his good offices. military will change the habits of years of which states that it is the sovereign people Under the Secretary-General auspices in- abuses, and take pity? In a letter last au- alone who should determine their future, we formal talks had been conducted at Foreign tumn to a friend, Bishop Belo spoke said would underline that the UN mandate will Ministers level, in New York December ‘We are living in an environment of terror be diminished if the East Timorese people 1992, in Rome April 1993, in Geneva May and pressure. The Indonesians are saying are denied this fundamental right. We appeal 1994. Unfortunately nothing really changed that they have already withdrawn battalions to the Indonesian government to abide by in the Maubere people’s lives, owing to the from East Timor, but it is not true. On the the statement to which it gave its consent at fact that Indonesia is only interested in or- contrary they are increasing the presence of this year’s United Nations Commission on nating their International image, recently military units in all places.’ ... ‘as long as Human Rights, to ‘continue its investiga- unmasked by, several sources denounce, of there is not a reduction in military forces or tions on those still missing [from Dili on 12 Human Rights more sophisticated viola- reduction in military personnel, this is November 1991] and the circumstances tions. purely and simply a military occupation and surrounding the matter.’ Just to improve Indonesia’s image and dictatorship....’ Finally, we ask that Indonesia continues International opinion, a group of journalists CIIR is concerned for the safety, not to dialogue with Portugal and the legitimate was allowed to visit the territory last April, only of all East Timorese people who representatives of the East Timorese people but, always under escort. choose openly to manifest their rejection of including its imprisoned leader, Xanana Reporting in the Guardian on 16th Indonesian rule, but especially of its repre- Gusmão, under the auspices of the United March, a journalist said: “the ruthless con- sentatives among the Roman Catholic Nations, with resolve and goodwill, to settle trol apparatus built up by Indonesia since Clergy. We are concerned for Bishop Carlos this tragic and unnecessary conflict. Let 1975 was still operating, and that there was Ximenes Belo, apostolic administrator of disappearances and abuses in East Timor a climate of terror, threats and war. the diocese of Dili. It has come to our atten- end. Let the mothers grieve no longer. A brief demonstration of a few students tion that the Catholic Church has been Ladies and gentlemen, CIIR thanks you in front of the journalists’ hotel and another placed under increasing pressure since for your attention. nearby the church, supporting Xanana Bishop Belo came to the assistance of those Gusmão’s struggle for East Timor freedom who took part in the Santa Cruz demonstra- ELISA DAMIÃO, was scattered by police. Seven days later tion. PORTUGUESE DEPUTY Indonesia announced six detentions, for According to accounts both from the questioning. East Timorese sources in- Bishop and clergy and religious inside East FROM SOCIALIST PARTY formed that 12 persons have been detained Timor, the Indonesian military regularly without specific charges. Mr. Chairman and Distinguished Mem- intervenes in church affairs, harasses church- Amnesty International says: “These ar- bers of the Committee, Ladies and Gentle- goers with threats and accusations, and rests are consistent with a long-standing men sows vindictive disinformation in a blatant pattern of short-term detentions and ill- Since 1977, Portugal in it’s capacity as attempt to discredit its personnel. There treatment of real or alleged political oppo- administering power of East Timor, as per have been attempts on the life of the nents to Indonesia rule.” articles 73º and 74º of the Charter of United Bishop, as well as his clergy, and it is our Only one of these 12 detainees had been Nations has repeatedly informed the Secre- view that they conduct their duties in a released. On June 24th it was reported that tary-General that the occupation by Indone- situation of daily danger. We know that three students were sentenced to twenty sian Armed Forces, a former victim of colo- neither the Bishop nor the East Timorese months in jail for staging a demonstration, nialism converted into a violent colonizer, is clergy fear death, and that they look to the for expressing their anti-Indonesia feelings in going on. martyred Bishop of El Salvador, Arch- front of visiting foreign journalists. Again and again Portugal claims, having bishop Oscar Romero for inspiration. In spite of Secretary General efforts, been prevented “de facto” from performing Archbishop Romero was assassinated by United Nations - Committee for Human its duties towards a non-self-governing terri- death squads whilst saying Mass in March Rights and this Special Committee, have tory under its administering power. Particu- 1980. Throughout his life he spoke out fear- been unable to stop violence and repression. larly unable to secure the right of East lessly against injustice and oppression. More than one third of the East Timorese Timorese to exercise by “referendum” a free As Bishop Belo says, the current situa- people have been killed. The remaining two- choice of their future. tion will never bring about UN approval of third’s future is our deepest concern. East Timor Documents, Volume 30. July 13-14, 1994. Page 53

For how long they will resist to military portunity to express my sincere apprecia- people were gunned down by Portuguese and police abuses trying to destroy, by fear tion to the United Nations, to the various soldiers on the beaches of Watulari and their identity, culture and hope in the Inter- Governments and NGOs, and to all people Watukarbau. Others were deported to An- national Solidarity, if it never comes. who have given their time and have worked gola, Mozambique and Portugal. Since the Santa Cruz massacre, at least on behalf of the East Timorese people. Your History will also show that it was Portu- 400 Timorese were detained without efforts and consideration are not unrecog- gal that did not want United Nations in- charges. Too many of them have been de- nized by the East Timorese. volvement in East Timor after proclaiming it nied access to their relatives, lawyers and Mr. Chairman, to be an overseas province. In fact, they the I. C. R. C. I have not come to this Committee to even wrote in their constitution that Portu- Under International Law on violently oc- condemn or speak against any individual or gal remains attached to its responsibilities cupied territories the right to resist is recog- people. For I must believe that the actions towards the decolonization and independ- nized, although, twenty Timorese are sen- that have been taken by those involved were ence of East Timor. Yet, it was only after tenced to life imprisonment for subversion done so with sincerity and in the belief that events took an unexpected direction that and other political crimes, three of them are at the time it was correct and just. Neverthe- Portugal turned to the United Nations. in detention since 1984. less, since the debate on the status of East Today, certain Portuguese politicians Due to International pressure and to In- Timor emerged on the international scene I persist in pursuing their own agenda, and in donesian Human Rights Organizations’ have noticed the tendency to view East the process try to sell our dry bones to get actions, it was possible to protect more Timorese history as having begun in 1975. what they want. Do they really believe that human lives and improve access to East Before that time, East Timor seems not to the East Timorese can survive another civil Timor. Nevertheless last year, military au- have existed and remains a mystery to the war. God forgive me but I do not believe so. thorities imposed closely monitored visits world. But we did exist. We were a colony I am convinced that if Indonesia, like Portu- to I.C.R.C. and foreign delegations. of Portugal for 450 years. Sadly, having gal, abandons East Timor that it will only Last January, Xanana Gusmão was pun- been forgotten by the world for so long, we plunge us once again into civil war, with ished with temporary suspension of visits have now emerged as an issue to be used by perhaps even more dreadful consequences after it was known that he had written let- some to pursue their own agendas, again at than the first. ters to Portuguese authorities and Interna- the expense of the real interests of my peo- Let us clearly and realistically look at tional Commission of Jurists. ple. This makes me both sad and angry, and what is happening in East Timor today. On behalf of the Portuguese people, as this is why I have asked to speak here to- There are people who by holding out false one of their representatives may I ask you, day. hopes and unfounded dreams are turning the with gravest concern to act, and act fast! The presentation of facts regarding East Timorese youth against each other, just as The unbearable postponing of on accept- Timor have for the most part been one- they did to my generation. 450 years of able and dignifying solution costs each year, sided, presented by people who like to in- bitter life for us is apparently not enough each day, more and more suffering to the dulge themselves with the sound of their for them to learn the lesson. And why, we East Timorese people. voice and notions of what occurred. But if must ask? To me the reason is clear. The It is unforeseeable the capacity of we are to be privileged to hear the facts of East Timor issue has become a “political Timorese to resist invading violent rule. But, what has happened to East Timor, then lets commodity” to be exploited to suit vested we know, this Committee knows, that the have the full story. We must acknowledge interests. pursuit of Indonesia’s intent in East Timor the cruel colonial experience of the East Let us look, Mr. Chairman, at some of is the evidence of United Nations increasing Timorese, when the Portuguese came from the claims that are made. It is said that East weakness to secure peace. the other side of the world to oppress, ex- Timor is a closed territory. Not true. East Taking these facts into consideration, we ploit, divide and kill my people. It was Por- Timor is in fact open to serious, fair minded reaffirm the urgent need to create conditions, tugal who in 1975 instigated the fighting and visitors and professional human rights or- within the framework of United Nations, for killing among the Timorese, turning brother ganizations. It has been visited by foreign carrying out incumbent upon Portugal as the against brother, and son against father. It journalists, members of parliaments, diplo- administering power leading to self- was Portugal who deliberately left us in a mats, the ICRC and many other organiza- determination of East Timor people. state of civil war, washing their hands of our tions. And in fact, while some of the reports fate. This I know because I was one of the of journalists have not been complimentary, Three other Portuguese M.P.’s -- Luis main participants in that civil war, struggling the very fact that those reports were possi- Manuel Geraldes, Narana Sinai for the independence of East Timor. ble is testimony of the openness of East If I may, I would like to relate some of Timor. But I must admit, in one aspect East Coissoro and Miguel Urbano my own experience, which has become Timor is closed. It is closed to foreign activ- Rodrigues, also spoke, but we were linked with the history of East Timor. In ists and politicians whose main goal is not unable to obtain their statements. 1946, following World War 11, when I was to obtain a firsthand view of the situation, 11 years old, there was a large deportation but to manipulate the facts to their own FRANSISCO XAVIER AMARAL of more than 1,000 Timorese to the island of interests. Had I, in fact, been a member of Atauro. These people were considered dan- the Government I too would have restricted Mr. Chairman, gerous because they could read and write. their access which can only be seen as a My name is Fransisco Xavier Amaral. I Only 200 survived, including 2 of my cous- form of blackmail, pure and simple. am the former chairman and founder of ins, one of whom is still alive. For the head Much attention has been directed by the FRETILIN, the East Timorese Liberation of my brother, who escaped this prison, the international community to the tragic Santa Party, and later became the first President of Portuguese Governor, Captain Antonio Cruz incident, which took place on 12 No- the Democratic Republic of East Timor. I Maria Da Serpa Rosa, offered a good re- vember 1991. How did this happen? The would like to thank the committee for this ward. communiqué of the Fretilin secretariat is- opportunity to speak on East Timor. I In 1956, in the aftermath of an uprising, a sued on 24 February 1994 has itself stated would also very much like to take this op- good number of women, children and old that the incident took place “during a cli- Page 54 East Timor Documents, Volume 30. July 13-14, 1994. mate of extreme political and social turbu- sions call for the action of youth and PAULINO GAMA lence,” while confirming the presence of prompt them to commit acts and risk their “provoking elements” within the crowd. lives in a hopeless and questionable venture President of The Timorese International My own inquiry, in which I contacted and for some at Santa Cruz to have made the Secretariat for Human Rights and The Timorese who were either directly involved ultimate sacrifice. Timorese Prisoners Fraternity as demonstrators or bystanders who wit- I myself had been fighting for the inde- Mr. Chairman, nessed the incident, also confirmed that the pendence of East Timor and in fact I was I wish to thank you very much for this demonstration was wild, unruly and pro- among the few who began and led the fight- opportunity to address myself to this dis- vocative. ing. But now I am proud to say that having tinguished Committee. I have not the slightest intention to jus- analyzed all the pros and cons of the best I am the former operational commander tify the shooting. I deeply regret the inci- way for East Timor to continue I con- of FALINTIL, the Fretilin’s Armed Resis- dent. It was the blood of my Timorese sciously accepted Indonesian citizenship tance and I was in mountains of East Timor brothers that spilled in Santa Cruz. But this and for East Timor to be united to the other during 10 years 1975-1985 to oppose the profound regret was also shared by the provinces of Indonesia. After all, Indonesia presence of Indonesian administration in my people of Indonesia as well as President is a country of 360 ethnic groups. We East homeland. Soeharto, who has taken measures to pre- Timorese belong to the same ethnic group as In 1990, I managed to escape from Ja- vent the recurrence of such an incident. Yet, those living in West Timor, a part of the karta to Thailand to found two East there remain people who continue to use Indonesian family since independence in Timorese Human Rights organizations: The this incident for whatever purpose they 1945. Our ancestors were divided not be- Timorese International Secretariat for Hu- may have against Indonesia. The nauseating cause they wanted to be, but as a result of man Rights and The Timorese Prisoners thing as they go about this is that none of colonial design. Fraternity. I decided, therefore, to seek new them have condemned the people who were Should we continue to spill our blood and ways how to protect the physical integrity behind the scene manipulating these youths, in sacrificing the lives of our young people of my own people against some abuses who are still at the dawn of their lives, into a and lose all hope for the future. Should we committed by some Indonesian authorities. situation of potential harm. sacrifice lives because we have been After the Santa Cruz incident of Nov. 12, These people still continue to hold out prompted by foreign politicians and activ- 1991, TISHR and TPF have strongly de- false hope to the youth of East Timor. They ists who remain safe and secure, and when nounced the behaviour of Indonesian mili- willingly sacrifice their young lives, as they all is said and done will write a fine eulogy tary but has acknowledged the immediate scheme and maneuver, and seek leverage for East Timor, express their regrets and initiative of Indonesian Central Authorities with Jakarta. I had an occasion to speak move on to the next crusade where failure to carry out the investigation and to find the with one of the young survivors of Santa offers limited risk to themselves. Or should responsible ones for the sad happening. Cruz and to ask him why he involved him- we realize that Indonesia’s concern with Finally, after having crossed checked In- self in political demonstrations. He said East Timor has brought development, a donesian reports and our own made on the proudly, “as a young Timorese, I have to hope for stability and an end to 450 years of spot, we recognized that the incident was fight for independence.” “You are too young occupation. only an isolate action of same individuals as to know what independence is all about and In conclusion, to my Timorese friends I the result of circumstances of place, time all its consequences” I said to him. To which would appeal that we Timorese stop listen- and motivation created by Portuguese inter- he replied “Never Mind.” I continued to ask ing to the promises and empty dreams given ference at distance. him if he was sure independence will come by politicians and their international friends. The people of East Timor today is more soon. “Yes” he replied, “because according To be sure. many who work on behalf of confident on a growing respect for its Hu- to the news I heard the Portuguese MPs will East Timor do so out of sincerity, and I do man Rights as the Indonesian Authorities come to East Timor with the members of really appreciate the efforts they extend. are implementing the observation of the the UN.” “How?” I asked “Do you really Indeed, we are all ultimately working to- recommendations made by the United Na- think the Portuguese will put political will wards a better world. But for the East tions Human Rights commission, not only and resources to put an end to a new civil Timorese, I believe we must recognize that in East Timor but also in all Indonesia. war? I don’t believe so because they had the greater interests of global politics and of Recently, TISHR and TPF were prom- abandoned us before in order to get rid of us the big powers dictate our future. And if we ised to be permitted to act openly in East who they considered a burden those years. are to secure for our children a better life, Timor and therefore we hope that very soon Look at Angola and Mozambique now. Are then our course must be through integration we will open a small office led by the noto- those Portuguese and those activists really with Indonesia and as Indonesians work for rious Timorese Human Rights activists. helping to stop the suffering there?” There our common prosperity. Integration means Therefore, in slow path we have to con- was no reply. I am sure if the same question not only that East Timor belongs to Indone- tinue to release ourselves from a long drama, were put to the international community, sia, but that the whole of Indonesia belongs we have to give a change of understanding the reply would be the same. to East Timor. And although Indonesia is a on the dialogue between Portugal and Indo- The reason I relate this story is to illus- developing country, at least they are willing nesia to allow the existence of a global solu- trate to the Committee that the false hopes to share whatever limited resources they tion for East Timor with the participation of and dreams that are offered to the young have to build East Timor. Our Timorese exclusive Timorese representations of all people in East Timor have dire conse- youth should be pushed hard to construct – kinds and historically recognized as long as quences. Here, in this committee, we may not destruct – their future, and to build our 1975. indulge ourselves in debate on questions of native land, East Timor in particular and TISHR and TPF support therefore and right or wrong, and whose interpretation of Indonesia in general. This is the dream that unconditionally the initiative of His Excel- history is correct. After which time we fold we should work on and realize. This is the lency the Secretary-General of the UNO to our papers away, enjoy a good meal and surest way we can survive and prosper in achieve confident building measures between turn to other preoccupations. For the young this less than perfect world. Portugal and Indonesia in order to reach the people of East Timor, however, such illu- Thank you. East Timor Documents, Volume 30. July 13-14, 1994. Page 55 best possible solution for our Peoples Committee of the Red Cross (ICRC) also situation in East Timor, but security officers stability, harmony and progress. allowed the family of resistance leader became aware of their plans. In addition to I trust that this respected Committee give Xanana Gusmão to visit him in Cipinang Gaspar, a man named Malacu is reported to also its contribution to help the United Na- Prison, Jakarta. It was the first time in al- have been arrested and severely tortured; his tions to perform its role of preserving peace most twenty years that Gusmão was able to fate is not known. Gaspar was taken to the in a very impart area of the globe. see his wife, Emilia, and their two children, SGI office in Colmera, Dili and from there a Thank you, Mr. Chairman. all residents of Melbourne, Australia. The few days later to the Comarca prison in humanitarian gesture was welcome – but it Balide, Dili. Shortly thereafter, he was taken HUMAN RIGHTS WATCH/ASIA came after Gusmão had been in prolonged out of the prison at night and has not been solitary confinement in Cipinang, without seen since. The family has made repeated Thank you, Mr. Chairman, for the op- access to visitors or newspapers, allegedly inquiries to the military in Dili without suc- portunity to address this committee. As for smuggling out letters to supporters. The cess, and recently sought help from Indone- you know, Human Rights Watch/Asia, for- United Nations Standard Minimum Rules sia’s National Commission on Human merly Asia Watch, takes no position on the for the Treatment of Prisoners, in Article Rights. Gaspar’s wife and two children political status of East Timor, but it believes 37, state that prisoners should be allowed remain in Dili. His employers, Bank Bumi that full information on the human rights “under necessary supervision” to communi- Daya, fired him after his arrest, and the situation there must inform the committee’s cate with family and friends and to be kept family has no regular source of income. deliberations and discussions on the issue of informed regularly of news. In its report to the United Nations decolonization. In this connection, we regret the decision Commission on Human Rights, the UN East Timor is neither a Rwanda nor a of the Indonesian government to move six Working Group on Enforced or Involuntary Bosnia. It is not a place where massive car- East Timorese sentenced in connection with Disappearances reported that of twenty nage is taking place nor does it have concen- events in October and November 1991 from disappearance cases from Indonesia and tration camps with emaciated prisoners. It is Dili to Semarang, Central Java, where they East Timor submitted by the Working a place, however, where arbitrary detention will have no access whatsoever to friends Group to the Indonesian government for and torture are routine, and where basic and family. The transfer of prisoners, in- clarification, the government reported that freedoms of expression, association and cluding Gregorio da Cunha Saldanha, Fran- five had returned home. “In the remaining 15 assembly are non-existent. Disappearances cisco Miranda Branco and Jacinto dos Ne- cases, the names of the persons contained in and politically-motivated killings have be- ves Raimundo Alves, all sentenced in con- the Government’s reply did not correspond come relatively rare, but when cases are nection with the peaceful demonstration on to the names of the missing persons con- reported, controls on information and access November 12, 1991 on which Indonesian tained in the lists of the Working Group.” to the territory are such that it is virtually troops opened fire, took place on June 9, It should be noted that in its resolution impossible, even for Indonesian non- 1994. 1993/97 in March 1993, the UN Commis- governmental organizations, to conduct Finally, we welcome the decision of the sion on Human Rights urged the Govern- investigations that would meet international Indonesian government to allow seven East ment of Indonesia to invite the Special Rap- standards for impartiality and thoroughness. Timorese students who had sought asylum porteur on the Question of Torture, the The Indonesian Human Rights Commission, at embassies in Jakarta to leave for Lisbon Special Rapporteur on Extrajudicial, Sum- which for all its many flaws, has at least last December under ICRC auspices. mary or Arbitrary Executions, the Working been a useful sounding board for complaints These positive steps notwithstanding, Group on Arbitrary Detention and the from the Indonesian public, had not, as of the human rights situation in East Timor Working Group on Enforced or Involuntary June 1994, visited East Timor or looked into continues to be grim. Disappearances. The Special Rapporteur on any of the many reported cases of human Disappearances Summary Executions has just left East rights violations there. Timor, but no invitation has been extended As we noted above, new cases of disap- The Indonesian government has taken to the Working Group on Arbitrary Deten- pearances are rare. But there are hundreds of some steps for which it deserves credit. We tion or the Working Group on Disappear- outstanding, unresolved cases. No progress welcome, for example, the visit to East ances. has been made on accounting for those who Timor just concluded of Mr. Bacre Waly Extrajudicial Executions N’Daiye, a distinguished Senegalese lawyer remain missing in the aftermath of the No- who is currently Special Rapporteur on vember 1991 Dili massacre, for example, or, Several cases of summary executions Summary and Arbitrary Executions for the indeed, for more recent incidents. have been reported to HRW/Asia since our United Nations Commission on Human In May 1994, relatives of Gaspar Luis last presentation to this committee, although Rights. At the same time, however, we note Xavier Carlos in Dili revealed to a visitor because of lack of access, we have not been that East Timorese sources tell us repeat- that Gaspar remained missing after his arrest able to independently confirm the incidents. edly of the extensive security preparations by military intelligence (Satuan Gerakan Even if the facts as stated could be verified, taken by the Indonesian military in advance Intelejen or SGI) on September 3, 1992, just it is possible in the two cases described of high-profile visits of foreigners to East prior to the summit meeting in Jakarta of the below that there were circumstances, not Timor. These preparations often involve the Non-Aligned Movement (NAM). Aged 30 known to HRW/Asia, that could affect the rounding up of potential “trouble-makers” – at the time of his disappearance, Gaspar characterization of these killings as extraju- as we understand happened before Mr. was an employee in Dili of a national bank, dicial executions. But it is important to rec- N’Daiye’s visit; warnings to residents in Bank Bumi Daya. His family was told by ognize that East Timorese in Lautem re- areas the group is likely to visit; and book- the military that he was arrested in connec- ported these incidents as such to Indonesian ing by officials of most of the rooms in ei- tions with security measures being taken in human rights monitors in Jakarta, suggest- ther of the two hotels in Dili where the visi- connection with the Jakarta summit. Gas- ing, at the very least, that a full investigation tor is likely to stay. par, other sources said, had been planning to should be undertaken, with prosecution of On June 30, the Indonesian government, go to Jakarta with a few others to present those responsible should the executions be through the intercession of the International information to NAM delegates about the confirmed. Page 56 East Timor Documents, Volume 30. July 13-14, 1994.

In the first case, in the hamlet of As- the Indonesian government. (Over eighteen (East Timorese Students Organization), an salaino, Lautem district, a farmer and father years after Indonesia’s annexation of East association outlawed by the Indonesian of four named Tito Teles, aged thirty-three, Timor, access to the territory remains re- government because of its alleged links to was reportedly killed by members of army stricted, and journalists must apply for Fretilin. The defendants were not repre- battalion 611 on November 1, 1993 as he special travel permits.) The day before they sented by legal counsel, and it is not known was leaving his home to go hunting. He had left, on April 14 at about 7:00 a.m., a small whether this acknowledgment was made reportedly obtained a permit from security group of East Timorese held a pro- under duress. forces in the region to hunt in an area known independence demonstration in front of the The lengths to which the Indonesian gov- as the “free zone,” as he had on two other Mahkota Hotel in Dili where the journalists ernment went to try and prevent the Asia- occasions. People in the village heard him were staying. Pacific Conference on East Timor (APCET) calling his dog as he was moving toward the The demonstration became the focus of from taking place in Manila from May 31 to zone, but special forces hidden along the most of their subsequent articles, to the June 2 reflect its efforts to control freedom path from the village opened fire. When the Indonesian government’s great indignation. of expression not only inside Indonesia but dog returned alone to Tito’s house, villagers On April 17, a military spokesman in Dili, beyond its own borders. questioned the security forces who claimed Major L. Simbolon, accused the journalists Access to East Timor by Human Rights they had no knowledge of Tito’s where- of “defecting” from the official agenda and Organizations abouts. Only after Tito’s body was discov- conducting an “investigation” rather than Despite the claims of Indonesian Foreign ered on November 2 did they acknowledge looking at “existing reality.” Minister in early May that he was inviting the shooting. But it was the demonstrators who in fact Amnesty International and Asia Watch In the second case, a fifteen-year-old represented East Timor’s “existing reality.” (now Human Rights Watch/Asia) to visit elementary school student named Ilario Following the demonstration, they were East Timor, no human rights organizations Rodrigues, son of Teofilo and Benefito Rod- briefly arrested for questioning, then re- have been given access since Asia Watch and rigues of the hamlet of Foema-a, Souro vil- leased. After the foreign reporters were the International Commission of Jurists lage, Lautem, was shot and killed on July safely out of East Timor, however, the real were allowed to attend selected sessions of 30, 1993 by men described by villagers as arrests took place. On May 1, Nuno Cor- the Xanana Gusmão trial in March 1993. army commandos as he was going into a velo was picked up. On May 2, it was Rui Human Rights Watch/Asia was explicitly nearby garden to cut down coconuts to sell. Fernandes’s turn. And on May 3, nine more refused permission to visit East Timor in He was a student of State Elementary young people were arrested: Pedro de June 1994. School No.6 in Souro. His body was imme- Fatima; Rosalino dos Santos, twenty-two; France Libertés, a human rights founda- diately buried by those who shot him; it Octavianus; Miguel de Deus, aged twenty; tion headed by Mme. Danielle Mitterand, was exhumed the next day by his neighbors. Marcus; Pantaleao Amaral; aged eighteen; has also been refused access. One of the It is not clear why he was killed. Lucas dos Tilman: Anibal; and Isaac Soares, people invited to the Manila conference but twenty-two. All are Dili residents. Accountability subsequently denied a visa by the Philip- A week after their arrest, their families The Indonesian commander in East pines government (at Indonesia’s request), had not been informed of their whereabouts Timor, Colonel Johny Lumintang, has disci- Mme. Mitterand had asked the Indonesian and were too frightened to ask. At least six plined some Indonesian soldiers responsible government through private channels in were, in fact, taken to the regional police for abuses; two soldiers were court- September 1993 whether she and the Paris- command (Polwil) in Dili; the Indonesian martialled for murder earlier this year, ac- based International League for Human government never acknowledged holding cording to a July 5 Reuters dispatch, and Rights could visit East Timor; she was told more than six. two others have been detained after commit- that it was “not the right time” and to wait The trials of three of the eleven began on ting sacrilege in a Catholic church in Re- another six months. After six months, Fran- June 16. At issue was not only the demon- mexio by spitting out the sacrament during ces Libertés made another request, this time stration, but the fact that the young men had communion. The incident occurred on June not mentioning Mme. Mitterand’s name. taken part in an “illegal meeting” on April 28, 1994. (Eleven villagers, it should be The request was turned down. 13 at Pedro de Fatima’s home in Kuluhun, noted, were then detained for then attacking It is not only international human rights Dili, to discuss the display of pro- the soldiers.) organizations that have difficulty getting to independence banners that the journalists It would be a welcome development if East Timor; some Indonesian human rights would be able to see. According to interna- soldiers were routinely held accountable for organizations do as well. In early May, a tional standards on human rights, the meet- abuses in East Timor, and it will be impor- seminar on the topic of sustainable devel- ing was a peaceful exercise of freedom of tant for the human rights community, both opment and the environment was due to assembly, just as the demonstration itself Indonesian and international, to monitor the take place at the University of East Timor, was a legitimate exercise of freedom of ex- prosecutions and punishments in the above co-sponsored by a number of Indonesian pression. cases. But until the climate of fear substan- NGOs including members of a coalition But the Dili court saw it differently. On tially changes in East Timor and people feel called the Joint Committee for the Defense June 24, Pantaleao Amaral, Isaac Soares and both free to register complaints against of the East Timorese (Komite Bersama Miguel de Deus were sentenced to twenty members of the armed forces and confident Pembelaan Masyarakat Timor Timur.) The months in prison after being found guilty of in the legal system in place there, many coalition includes some of Indonesia’s most violating Article 154 of the Criminal Code, soldiers will continue to act with impunity. respected NGOs: the Legal Aid Institute spreading hatred toward the government of (Yayaysan Lembaga Bantuan Hukum Indo- Controls on Freedom of Expression Indonesia. On July 7, Rosalino dos Santos nesia); the Indonesian Council of Churches A single incident demonstrates the extent was given the same sentence for creating (Parpem Persekutuan Gereja-Gereja Indone- of restrictions freedom of expression in East public disorder and inciting separatist sen- sia or PGI); the Institute for Social Advo- Timor. From April 12 to 15, 1994, twenty- timents. According to a UPI dispatch, Rosa- cacy and Study (Lembaga Studi dan Advo- six foreign journalists were taken on an offi- lino admitted in court that he was a member kasi Masyarakat or ELSAM); and the cial visit to East Timor at the invitation of of Juvente das Estudantes de Timor Leste East Timor Documents, Volume 30. July 13-14, 1994. Page 57

Catholic organization, LPPS Caritas Katolik. tions in the field, to harmonize Portugal and people to have finally Peace, Order, Har- A week before the seminar was to take Indonesia if all of us the real political leaders mony and Development and because actual place, the military commander for the region of East Timor, we don’t sit in a table facing Portuguese Minister of Foreign Affairs His that includes East Timor called the univer- each others without any interference of no Excellency Durão Barroso has given evi- sity rector and told him the conference matter whom? dence of a real Statesman by listening differ- would have to be postponed. When it even- I am the oldest political veteran of East ent East Timorese tendencies. tually did take place, the Indonesian NGOs Timor politics as far as 1962 the year I was All of us three herein present have a goal: were not permitted to attend, nor was Flor- a political prisoner of the Portuguese colo- to respect Indonesia as the Ancestral Milli- entino Sarmento of ETADEP, an East nial power and therefore I am the person nery Tree of the Ancestors we come from, Timorese environmental NGO. who can dismiss one by one the assertions which is the same biological and human Conclusion and the argumentation of all those, including common stadium where we belong and to all Portuguese political parties and interna- honor Portugal for its gentle light of Christi- In short, Mr. Chairman, East Timor re- tional groups, by proving that never oc- anity when our ancestors brothers were mains a troubled place where human rights curred a “decolonization process” in East exterminated in large scale by colonialist abuses continue. Greater openness – defined Timor but a simple conspiracy to launch the terror and violence. as freedom for East Timorese to gather in East Timorese against East Timorese in a Today some people want to discuss In- private houses without permits and to bloody inhumane civil war just to please donesian presence in East Timor in the last freely express their own opinions, unham- foreign interests opposed between Commu- 18 years. But who cares to understand what pered access by foreign journalists, less nism and Democracy. was the dramatic submission to Portuguese control over foreign visitors, and access by I am not sure the moment I write this colonialism under the most horrible circum- international human rights organizations – statement if Mr. José Ramos Horta is com- stances, in the time that there did not exist would almost certainly help prevent such ing here too because we could perhaps set “mass media” or any international forum? abuses and ensure some form of redress for up together in an informal meeting of broth- For us, protectors of our People survival the victims. But if the last few months are ers of same blood to establish the most im- and continuity, we want Peace and Har- any indication, the trend is not toward portant target that the world opinion ex- mony with Indonesians, Portuguese and the openness but the reverse. The closure on pects from all of us: the respect, service and World, instead of sacrificing the People to June 21 of three important news weeklies in sacrifice for our beloved East Timorese minor gods of perturbancy and exploitation. Jakarta has implications for East Timor, people, after all the sole human entity I dare to think that among this honorable because it suggests a desire to control infor- merged during 500 years in continuous Committee members some may be originally mation that the politically powerful find Holocaust. from States which were submitted to Colo- offensive. Restricting information prevents I and Ze Horta we always understood nialism in the past with the consequence problems from being aired and solutions each other’s political positions and even we that parts of their own peoples were arbi- from being found on all fronts, not just hu- were companions in the Resistance outside trarily “transferred” to political borders man rights. For East Timor as well as Indo- front for many years. José Horta, however, idealized by foreign powers with no respect nesia, that may prove very damaging. is compromised with 20 years old acquaint- for ethnic and language original patterns. ances which he knows very well that their This is certainly a drama which many times JOSÉ MARTINS III own target is to use East Timor against In- is in the basis of permanent conflicts. Former President of East Timor K.O.T.A donesia. Myself, I decided last year not to The case of East Timor is similar. The Party, President of TLO - Timorese Libera- contribute any further to support a Resis- Dutch and the Portuguese with no permis- tion Organization tance whose leaders technically, financially sion whatsoever have divided the island of and ideologically are not anymore real Timor in two parts just to consolidate their Mr. Chairman, Asuains Barani of East Timor because Indo- own exploiting colonial interests. Since As to my best knowledge from the nesia has improved a lot of respect for our 1914, we the Timorese had to close our eyes Timorese side, Mr. José Luis Guterres has People integrity and welfare and we have when the Switzerland arbitrarily have sanc- addressed this Committee on July 13, 1993 guarantees that the sad case of the 12 No- tioned the division of Timor Island between with an East Timorese dignity which has vember Santa Cruz incident will not be re- Portugal and the Netherlands as a result of jeopardized the role of the outsiders using peated by personal initiative on the spot by the 1851 illegal private sale of Flores, Adu- the name of our People for personal interna- alteration of public order. nara, Solor, Alor and West Timor by the tional image. Therefore, Mr. José Luis My brothers herein present have the Portuguese Commissar Lopes de Lima to Guterres in some extent has contributed to highest East Timorese qualification and the Kupang Dutch Resident. correspond to the efforts of His Excellency background in the Resistance to talk to the We are in fact tired of business in our the Secretary-General of the United Nations world opinion. Mr. Xavier do Amaral was backs and also we have to say that Portugal teaching to all of us, the Timorese, to first the President of the Democratic Republic of never respected the conditions agreed with create among ourselves a platform of dia- East Timor and to save many lives himself the Liurais of East Timor “to protect the logue which will allow Portugal and Indone- was martyred by radical revolutionary territory with full respect for its own Peo- sia to find out a fair solution for East Timor members of Fretilin almost to death. Mr. ples.” East Timor was abandoned by Portu- internationally accepted. Paulino Gama was during 10 years the most gal precisely in the moment we were strug- In fact, my question is: How to solve the qualified guerilla Commander who built up gling ourselves in a dirty civil war caused by case of East Timor, if we, the victims and the Timorese “partisan marquis.” Portuguese revolutionaries. When I asked in protagonists of the civil war provoked by By the first time in our contemporaneous 1975 the last Portuguese military officers the irresponsibility of Portuguese authori- History, three top leaders of the East who was going now to defend the Portu- ties in 1974, are irreversibly opposite among Timorese process, who were “ideological guese flag hoisted in Batugade, before they ourselves enemies in the war field” are waiving up any moved into Indonesian territory the answer How can the United Nations’ good will personal interest only to grant conditions was: “You, the Timorese, must be the ones and honest intentions to implement condi- with Portugal and Indonesia to allow our to take care of yourselves now. Our mission Page 58 East Timor Documents, Volume 30. July 13-14, 1994. here is over. There is no way back to restore alongside with Japan, China, Korea, EEC promotes information and sensitization conditions of peace because you, the and even Canada, Australia and New Zea- campaigns and solidarity projects. Timorese, will never be in peace among land. From this goal it will be possible to If we examine the East Timor issue with yourselves. It is the tradition.” bring direct and quick advantage to many regard to the United Nations General As- And this is in part true. We were divided states of the Third World which have the sembly resolutions and compare it with by the Portuguese colonialism to kill our responsibility to let the western / Asian similar situations such as Namibia, Belize or own brothers to sanctify Portugal. And the cooperation to develop in peace for mutual Western Sahara, we can point out the fol- result was not only dramatic but horrible: profit otherwise we will not stop cases like lowing: we had to choose between a new protecting Angola, Mozambique, Somalia, Biafra, A) All four territories are former colo- power like Indonesia, our natural human and Ethiopia, etc. Time has arrived for an Inter- nies that a nearby powerful country (South biological stadium or the self extermination. national Order based not an ideological op- Africa for Namibia, Morocco for Western At the request of Portugal at Rome tions but in the supremacy of know-how, Sahara, Guatemala for Belize, Indonesia for Meeting in November 1, and 2, 1975, Indo- manpower, technology and solidarity for East Timor) has tried to subjugate, advanc- nesia was forced to establish Peace and Or- great targets as to produce food, machinery, ing territorial contiguity as an excuse to der. Our four parties, as the replacing Fre- medicines and better standard of education justify the annexation. tilin revolutionary government, we choose and living. B) In each of the four cases the General the Integration knowing that it would take at Indonesia is ready to undertake its duties Assembly of the United Nations has passed least two generations to breath prosperity before the humankind needs as the greatest resolutions that have acknowledged the right and peace finally after a 500 years period of state of Southeast Asia. If East Timor is a to self-determination as a means to reach emotions, suffering, glory and death. problem for some persistent and stubborn complete independence. Therefore, the sole important question is groups made by the some people who still C) Two of the above mentioned coun- this: Shall we continue to provoke condi- want to restore the principle of a rotten tries, Belize and Namibia, have become in- tions to offend Indonesia, our saviour from socialism which is after all the dictatorship dependent in full observance of their peo- Chaos and Disorder or should we ask Indo- of the party over the workers, for us, East ple’s will. nesia to promote our People for a happy Timor is moving steadily ahead towards D) In the Western Sahara, on the basis future or brotherhood and common identity happiness as Indonesian central authorities of the agreements reached by Morocco and in all fields of human progress, respect and are now totally committed to respect the the Polisario Front, the track through self- development? people of East Timor in all areas, In the past determination has already been opened. In After 19 years abandonment, Portugal is we built and acted in a resistance which was fact, the U.N. has agreed to check the obser- our respected and honored people with an heroic but not aimed against our Indonesian vance of the cease-fire and will assure sup- heroic behavior in the world, notwithstand- brother. It was set up against abuses and port for a referendum in order to grant the ing a criminal process of general delivery of violence of some responsible ones today people of Western Sahara the right to self- its overseas peoples to neo-dictators. But totally refrained and removed for East determination without any military or ad- Portugal also today could never help us to Timor by the Indonesian central authorities. ministrative constraints. be independent because we are already in- Therefore, all I ask to this wise and hon- The Coordinamento Italiano dei Gruppi dependent through our decision to ask Indo- orable Committee is it allow Portugal and di Solidarietà con il Popolo Timorese, nesia to preserve us from new forms of Indonesia to act together according to the · bearing in mind the continuous human colonialism aiming to destroy ourselves recommendation of His Excellency Boutros rights violations in East Timor, of which through more divisions and civil fights. Boutros-Ghali, Secretary General of the the massacre at the Santa Cruz cemetery Who is really independent today unless United Nations which obviously means that on November 12,1991, represents only the rich north hemisphere states? An inde- if, we the victims and protagonists of an one of the many atrocities committed by pendence of East Timor would be impossi- historical process do not sit to talk without the Indonesian forces of occupation, ble because: foreign pressures and intervention, the case · gravely concerned at the difficulties for a. We are divided and under continuous of East Timor will continue to be a burden access to East Timor by human rights or- ideological and political opposition; for the UN as a world forum which inherited ganizations and other relevant human b. Unless we sell our independence to from Portugal the responsibilities caused by rights observers foreign exploitation and domain we could a blamefull abandonment of East Timor. · deeply concerned at the pressures exerted not feed ourselves because the erosion of Thank you Mr. Chairman. by the Indonesian government on the Phil- our forests and 60% of soil incapability for ippines government in order not to allow quick new harvests are a fact; COORDINAMENTO ITALIANO the International Meeting of Solidarity c. We would be forced to become a spot DEI GRUPPI DI SOLIDARIETÀ groups in Manila in May 1994, of internationalization of conflicts at the requests, also on the basis of the General gate entrance of Australia and a permanent CON IL POPOLO TIMORESE Assembly resolution 37/30, that the United reference to destabilize large areas of South- Nations promote and guarantee the right of Presented by John M. Miller ern Asia, creating difficulties to a new “en- the people of East Timor to self- tente cordiale” between the states surround- Founded in 1991, the determination with processes similar to ing both coasts of the Pacific. COORDINAMENTO ITALIANO DEI those adopted for Namibia, Western Sahara Point C above in fact is part of an inter- GRUPPI DI SOLIDARIETÀ CON IL and Belize. national motivation from some militancy POPOLO TIMORESE (Italian Coalition of Thank you very much. areas aimed to destroy Indonesia and possi- Solidarity Groups with East Timorese Peo- bly part of the Philippines as sovereign ple) is a coalition that includes NGO’s, local states. groups and individuals engaged in support- We struggle for the cooperation and bene- ing the East Timor people’s struggle for fits of western civilization in Southeast Asia self-determination. The Coordinamento with major emphasis to the United States East Timor Documents, Volume 30. July 13-14, 1994. Page 59

FRETILIN Mr. Chairman this committee has been to gain from this as far as our country discussing this issue since the sixties. When in concerned? We should care because Presented by José Luis Guterres, Chief of the right of self-determination was recog- our sense of worth as human beings Fretilin External Delegation nized by Portugal in 1974, and according to obliges us not to deny others their own Mr. Chairman, Honorable members of Portuguese law of 7 July, Portuguese offi- humanity and human existence. When the Committee, cially established a mechanism for the tran- a country goes against the grain of FRETILIN, the Front for an Independent sitional period towards independence, but human decency, it is right to protest East Timor, is grateful for this opportunity the extremist elements in the Indonesian and immoral to compute the cost- to address this Committee on the question Armed forces, led by General Moerpoto and benefit of protesting. To ignore injus- of East Timor. its associates in the Center for Strategic tice and oppression is to betray our I would also like to thank the various pe- Studies, were busy conspiring against East humanity, to fade in our adherence to titioners and MPs who gave information Timor, planning political and military inter- human rights, and to subvert our con- about what is going on in their country in ventions. science which stands for what is good support of East Timor. But I am particular Since the beginning of the Timorese prob- and just. happy to listen to the newest member of the lem, FRETILIN has appealed many times to Mr. Chairman, the invasion of East East Timor network, solidarity for East the involvement of ASEAN Countries in Timor by the Indonesian armed forces has Timor from the Philippines -- a citizen of a order to help bring a just solution to this interrupted the natural development of our neighboring country that at least cares about neighboring country problem. For example, country and created distortions in our econ- what is going on in their neighborhood. when Indonesia accused FRETILIN in Sep- omy. It also very interesting to note that for tember 1975 of violating their territorial For example on the environment, East the first time we had the privilege to listen integrity, we made appeals to ASEAN Timor has suffered extensive deforestation. to different Timorese with opposite points members to send troops for a joint control The use of defoliants during the military of view on the situation. And I hope, Mr. of the border area. But ASEAN preferred to campaign has damaged much of the vegeta- Chairman, that the Indonesian military in ignore the plight of this tiny island. And tion. The Indonesian-backed companies East Timor can allow next time Mr. Xanana when Indonesia invaded East Timor, only plunder resources like sandalwood. The Gusmão to participate in this debate. And I the smallest state, Singapore, abstained in army uses burning as prevention measures note also that what happened on 12 No- General Assembly Resolution 3485. against guerrillas. vember when young students who peace- During this year the Timorese cause has On the health situation, East Timor has fully demonstrated their different point of achieved more political support. But the infant mortality of 160 per 1,000 births. view about the situation were killed by In- major success was the APCET (Asia and Mali and East Timor have the highest infant donesian soldiers. The presence of the East Pacific Conference on East Timor) held in mortality in the world. An Indonesian health Timorese here is a useful lesson we can Philippines. The recent founding in Jakarta official admitted in November 1993 that at apply in Timor. We appeal to the Indone- by NGOs and personalities and intellectuals least 70% of children under five are mal- sian authorities to at least listen to people of the joint Committee on East Timor is also nourished. Baucau Hospital, like other with different viewpoints than theirs. And I a remarkable turning point in our struggle. health centers built by Indonesia, is poorly believe that if we begin with this simple A delegate of the Indonesian organization equipped and has few medicines. question we can solve as soon as possible Yayasan Pijar said in Manila: On the economic situation, we do agree the question of East Timor. Our primary reason for coming to that East Timor is a resource-rich country. For almost 19 years we have been resist- this conference is to extend our soli- Oil and gas are the largest resources with ing an aggression and a military occupation darity to the peoples of the world in large reserves in the Timor Sea, between of our homeland without any material or winning justice and peace. Our first East Timor and Australia. The huge reserve logistical support from any country in the commitment is to justice: That the peo- has attracted multinationals from the US, world. But we have been able to overcome ple of East Timor should have the op- Australia, Japan, and the UK; 12 multina- all these difficulties. In 1979, 90% of our portunity to determine their own fate. tionals are now operating there. The Timor national leadership died in battle or was Only then can there be peace between Gap Treaty for joint exploration between imprisoned, but we were able to pass the Indonesia and East Timor and the vio- Indonesia and Australia has been challenged banner of the resistance to the young genera- lence which has cost so many lives can by Portugal, the administering power of tion. be ended. East Timor, in the World Court. The In April this year we have completed a We are here in this conference be- Timorese community living in Australia has process of reorganization of the external cause we cannot refuse to see that East also challenged the Australian government in wing of FRETILIN. We had a plenary meet- Timor is part of the democratic and the Australian High Court. ing with the participation of elected dele- human rights struggle in Indonesia. We have stated in many occasions that gates representing members living outside Violence, repression and coercion our policy in independent East Timor is to East Timor, and new members for the lead- in East Timor must be stopped in the welcome the multinationals in the explora- ership were elected. Our aim is to reinforce name of our humanity, in the name of tion of the Timorese natural resources, but the unity of the Timorese political and so- the victims who have fallen on both at this stage, we do not support any of cial organizations. We put aside any politi- sides. The cries of children who have these multinationals in the Timor Sea. cal differences in order to work together for lost their fathers and mothers, their As a matter of example in 1975 leaders of a referendum in East Timor supervised by relatives, is the same everywhere, in FRETILIN and UDT were invited to visit the United Nations. East Timor and in Indonesia. offshore platform in the Timor Sea and we This had been done in Western Sahara. Senator Wigberto Tañada of The Philip- were informed by the last Governor that We must recognize the courage of King Has- pines said in the same conference: East Timor would be exporting oil by 1977. san of Morocco to accept a referendum for Why should we care about the But what happened to day in East Timor Western Sahara. Why not in East Timor? plight of a relatively obscure and iso- we can seem, as recently concluded by In- lated people when there seems nothing donesian academic Professor George Adit- Page 60 East Timor Documents, Volume 30. July 13-14, 1994. jondro of Salatiga University that the East account what Indonesian military says on On the political solution of East Timor, Timor economy is mainly controlled by what possibly FRETILIN is doing related to Mr. Chairman and to conclude: three main generals who commanded the human rights violations. Mr. Nino Santana, the leader of operation Komodo, the invasion of East As in past years, we have suggested that FRETILIN has said: Timor: General Benny Mordani, Dading in this kind of situation we are prepared to The people of East Timor are Kabualdi and Sahala Rajagukuk: the PT collaborate with the Indonesian government, aware that an attitude of inflexibility by Batara Indra Group that practically mo- with the United Nations and other interna- the extremist will not favor a solution nopolizes the entire economy of East tional human rights organizations in order to to the problem. For this reason, our Timor. Subsidiaries of this group, like PT clarify that matter. Because we defend hu- method of struggle is based on mod- Salazar monopolize the coffee business, PT man rights as a universal principle and we eration and flexibility, based on com- Scent Indonesia monopolize the sandal- do not believe that killing our opposition is plete openness for dialogue. However, wood-oil business and PT Marmer Timor a good thing. If there are real interests, the what we have seen today, the Indone- Timur monopolizes the marble quarrying. Indonesian government and other organiza- sian regime remains defiant, inflexible PT Fatu Besi Raya grabs the lion’s share of tions, if they request, we can give all coop- and arrogant. We remain ready to en- civil engineering projects in East Timor. eration on that matter. ter into a process of dialogue without Indonesia could be right, when in their On the military situation, Mr. Chairman, preconditions with the view to explor- statistics published in various propaganda the Indonesian military commander in East ing every possible solution beneficial material, they claim that they created thou- Timor, Col. Lumitang, said that FRETILIN, to all parties involved. sands of companies, and created jobs. But the resistance, has only about 200 guerrillas On the Timorese side, a national consen- these thousand companies belong to Indone- with 100 or so weapons among them. And sus was established: This consensus was sian generals, not Timorese. The jobs are that encounters between soldiers and guerril- forwarded to the UN Secretary-General in primarily given to Indonesians immigrants. las average one a month, and he also in- February 1989, by Bishop Belo of Dili Dio- As an example, the international press re- formed that only two soldiers have been cese which requested a referendum for East ported differences between the central Indo- killed since September 1993. Timor. The 6 of May round talks in Geneva nesian government and their Governor in Mr. Chairman, whatever the number we was followed closely by the Coordinating East Timor: Mr. Abilio Soares threatened to have, FALINTIL has been resisting for Commission of Diplomatic front a coordina- resign, due the insistence of their Master in practically 20 years without any external tion body of UDT, CNRM and FRETILIN. Jakarta on appointing a non-Timorese for support, and we will continue to do so until There are some positive elements in the final the senior positions. a political solution can be found. communiqué. Paragraph 9 stated the readi- From the our point of view, East The public declaration by the Regional ness of Foreign Ministers of Portugal and Timorese are living in worse situation than Commander in Bali to foreign correspon- Indonesia to meet with the leading East before. We had the freedom to cultivate our dents that Indonesian troops will be reduced Timorese supporters and opponents of lands. To live, to travel without any restric- to six battalions is challenged by the resis- integration. tions to any point of our Country, to live in tance. And on 6 May we have indicated the The Timorese Coordination Committee our ancestors’ land. locations, and recorded a total of 30,000 of Diplomatic Front has already stated our This critical situation has been denounced troops and security elements in East Timor. willingness to meet with Minister Alatas. by Indonesia’s own protégés. Mr. Floren- I have in my statement many of the We firmly believe that the Timorese ques- tino Sarmento, Director of the Development numbers of these Battalions: 112, 114, 305, tion must be solved by peaceful means and agency, ETADEP, said to Washington Post 311, 327, 405, 408, 431, 501, 504, 512, 516, dialogue. journalist William Branigin in April this year 611, 612, 618, 642, 726, 746. There are also That is why we continue to encourage that: “The whole process of development is Combat Detachment 515, Kopassus Group the UN Secretary General to continue his just a show for the outside world.” 2, Brimob, Kodim, Police. Indigenous team: mandate in order to speed up the resolution It is also important to remark on some of Tim Siera in Baucau, Saka Team of Quelicai, of the tragic situation of East Timor. Prof. Aditjondro s conclusions: that in East Mkikit Team of Viqueque, Alfa Team of Thank you, Sir. Timor the regions where the army activity is Lospalos. highest, the Indonesians concentrate the From time to time Indonesia announces construction of infrastructure, particular the removal of some battalions but immedi- STATEMENTS BY roads, bridges and harbors. But in other ately they are replaced by other battalions. GOVERNMENTS places that are relatively more peaceful the Dili has 69 military posts, and they are condition of roads is deplorable and there essentially to watch young people. are hardly any bridges. Mr. Chairman, we strongly oppose any On the internal and human rights situa- arms sale to Indonesia. It is with great con- tion, I will not elaborate because predeces- cern that we see European and American sors speaking here have already denounced companies selling warships and warplanes the situation. But want to remark on one to Jakarta. All this modern equipment will very important situation that was de- reinforce the military power not only in nounced by Col. John Lumitang, the new Jakarta but also in East Timor: a small island commander of the Indonesian army troops and a country that have never received any in East Timor. material help, and whose aim is to defend its Colonel Lumitang in February accused right, in accordance with various resolutions FRETILIN of having killed a village chief. of the Security Council and General Assem- Mr. Chairman, as in last year, we said that bly. We can only count on the solidarity of we are not interested here in only pointing peace loving organizations of these countries our fingers at the Indonesian delegation and to help stop these sales. the Indonesian government and not take into East Timor Documents, Volume 30. July 13-14, 1994. Page 61

Mr. Domingos Augusto Ferreira spoke Human Rights of 4 March 1992; and the Since the incident of 12 November 1991, on behalf of the Lusophone African continuation of efforts to promote a bal- the Indonesian Government has exerted countries, but we have not been able to anced exchange of visits by journalists and every effort in continuing the search for personalities of their respective countries. missing persons but with limited success. It obtain his statement. As indisputable proof of its goodwill in is pertinent to note that our Foreign Minis- The Committee then recessed until the implementing the agreed confidence- build- ter continues to keep the UN Secretary- ing measures aimed at fostering an atmos- General apprised of the investigation. The next day, when the following statements phere propitious to addressing the sub- number of those now unaccounted for has were delivered. stance of the question, Indonesia has taken been reduced to 56. some concrete steps. In this connection, I There is complete freedom of cultural ex- ABDUL NASIER, INDONESIA would like to briefly state some of them. pression in East Timor. It is the established The Indonesian Government has contin- policy of Indonesia to develop the cultural Permanent Mission of the Republic of Indo- ued to provide access to East Timor on a heritage of each ethnic group of the nation, nesia to the United Nations, 325 East 38th regular basis to foreign representatives, par- including East Timor, to maintain the rich Street, New York, NY 10016 liamentary missions, journalists and others. cultural diversity of the Indonesian people. Mr. Chairman, During the past year, visits were made pos- In this regard, the Indonesian Government is My Delegation has consistently main- sible to the province by the Secretary- committed to preserving Portuguese relics in tained that the people or East Timor have General’s representatives, Mr. Francesc the province. A number of Catholic exercised their right to self-determination by Vendrell and Mr. Tamrat Samuel on 19-23 churches built by Portugal during its period opting for independence through integration January 1994, Dr. Manuel Tilman, an East of colonization have been renovated and with the Republic of Indonesia in 1976. We Timorese lawyer, 9 foreign correspondents, restored by the East Timor Administration. therefore oppose the granting of hearings a Delegation of 25 foreign journalists repre- As to the “expanded family reunion” and the consideration of the so-called ques- senting 16 print and electronic media organi- program, 59 East Timorese have been tion of East Timor. zations from various countries, and 26 East granted permission to leave for Portugal. Furthermore, we firmly believe that the Timorese residing in Portugal. I am also Also, based on humanitarian considerations, appropriate and only forum to seek an in- pleased to inform that the Special Rappor- 7 East Timorese youth who tried last year ternationally acceptable solution is the on- teur of the Commission on Human Rights to seek asylum in foreign embassies were going tripartite dialogue held between Portu- on Extrajudicial, Summary or Arbitrary allowed to leave for Portugal last December. gal and Indonesia under the auspices of the Execution, Mr. Bacre Wali Ndiaye, has con- In addition, Indonesia has approved re- United Nations Secretary-General. To make cluded his visit to Indonesia including the quests from a number of East Timorese this undertaking successful, Indonesia’s Province of East Timor. currently residing in Portugal and Angola to detractors should refrain from two-faced Likewise, many international agencies in return to Indonesia. In a reconciliatory meet- posturing and extend their genuine support East Timor are operating including the ing in London, representatives of East to the dialogue as a viable mechanism. lCRC, CRS, UNICEF and others. These Timorese in Indonesia and those living in During the last round of talks held be- organizations continue to function freely in Portugal met during December 1993 and tween the respective Foreign Ministers of the province and are working closely and in agreed to hold further contacts. This should Indonesia and Portugal in May 1994, it was cooperation with the Provincial Govern- go a long way in impacting positively on agreed to exercise restraint in order to main- ment. For example, the lCRC continues its confidence-building measures. tain an atmosphere conducive for further protection program such as visiting prison- Mr. Chairman, progress leading to a settlement of the ques- ers including Xanana Gusmão and others. Allow me also to set the historical record tion. The next meeting is scheduled to be We are heartened by the establishment of straight once again in response to some mis- held during January 1995. Meanwhile talks the Portugal-Indonesia Friendship Associa- representation of facts and allegations made will be held between the representatives of tion (PIFA) on 20 September 1993 and its concerning the former colony. From the the two Governments in New York. It is our counterpart, the Indonesian-Portuguese very beginning, Indonesia extended its co- earnest hope that the next dialogue will lead Friendship Association (IPFA) on 17 Janu- operation to Portugal with the avowed aim to positive results. ary 1994 whose main objective is to increase of reaching a peaceful and orderly decoloni- Indonesia has resolutely demonstrated its and strengthen cultural and historical ties sation of East Timor. This was evidenced good faith in these endeavors by extending between the peoples of both countries. by a series of meetings held between the full cooperation with the Secretary-General Mr. Chairman, two sides in New York, in September 1974; in exploring ways and means for a viable It is most regrettable to note that some Lisbon in October 1974; London in March solution. In this regard, it is pertinent to quarters continue to perpetrate the myth of 1975; Jakarta in August and September note that a series of confidence-building a large Indonesian military presence on the 1975 and Rome in November 1975. measures were agreed on 17 September 1993 island. Let me correct this baseless accusa- Tragically, before an agreement could be during a meeting held between the Foreign tion and inform this Committee that since reached, the situation in the territory was Ministers of Indonesia and Portugal which security and public order has vastly im- aggravated by the colonial authorities’ inter alia included the need to create a favor- proved in the province, the East Timor abrupt abandonment of its responsibilities able and non-confrontational atmosphere in Military Operation Command has been and it handing over ammunition and weap- order to facilitate a settlement; the impor- dissolved and replaced by a regular District ons to the one minority party. Thereafter, tance of promoting respect for human rights Command as in any other province of Indo- civil war erupted when this minority group in all their indivisible aspects and fundamen- nesia. Furthermore, the remaining military unleashed a reign of terror against its own tal freedoms in East Timor; and in this con- forces have begun phasing out, from the people and unilaterally declared independ- text the implementation of the recommenda- earlier stationing of 8 battalions to only 2, ence. In response to the chaos and strife, the tions contained in the consensus statement and 7 out of 8 among them are involved in three other political parties in line with UN by the Chairman of the Commission on civic missions. resolution 1541 voted overwhelmingly for Page 62 East Timor Documents, Volume 30. July 13-14, 1994. independence through integration with In- involves 312 underdeveloped villages in the situation of repression and human rights donesia. province. Priorities continue to be aimed at abuses. What Portugal has tried over the years is agriculture, education, public housing, com- Portugal, in its capacity of administering to portray an image of helping the East munications and other infrastructures. The power of the non-self-governing territory of Timorese people gain their independence. development efforts have as their primary East Timor, has as much as possible always But, this assistance is 18 years too late. It goals, the improvement of the welfare of the cooperated with this Special Committee, should have been forthcoming much earlier. people of East Timor, which have yielded despite the obvious limitations stemming Decolonisation has taken place in accor- most encouraging results. From a perennial from the fact that it has been hitherto “de dance with Resolutions 1514 (XV), 1541 short-fall in food production, it is now up facto” prevented from exercising effectively (XV) and 2625 (XV) when the East by 600,000 tons per year. East Timor has the responsibilities incumbent upon it. Timorese exercised their right to self- now cut back its dependence on other Indo- The task of the Special Committee re- determination and independence through nesian provinces for the supply of, for ex- garding the question of East Timor is under- integration. ample, reception in the highlands. Likewise, lined, in particular, by operative paragraph 2 As to the involvement of the United Na- a private radio station has been established. of the General Assembly’s resolution 37/30, tions, principle IX (b) of resolution 1541 The steady expansion of the economy is in which the Committee is requested: “to (XV), which states in regard to integration, reflected by increased domestic investment keep the situation in the Territory under “the United Nations could, when it deems which at the end of the year 1993, amounted active consideration and to render all assis- necessary, supervise these processes.” It is to Rp. 232.64 billion. tance to the Secretary-General with a view clear therefore that the participation of the In the educational arena, during the fiscal to facilitating the implementation of the United Nations is not mandatory, yet the year 1993, 250 teachers were assigned to present resolution.” Provisional Government of East Timor East Timor which includes, 125 for elemen- Mr. Chairman, throughout 1976, had spared no effort in tary schools, 55 for junior high schools and Last year, the Committee’s meeting de- trying to involve the Organization in that 70 for senior high schools. These teachers voted to the question of East Timor took process but all of these invitations were will be given special training to meet the place in the aftermath of the adoption by regrettably accorded a negative response. educational needs of the province. the UN Commission on Human Rights of its Moreover, members of the Committee are Mr. Chairman, resolution 1993/97 on the situation of hu- well aware that many nations have gained Based on the actual situation prevailing in man rights in East Timor and of the sentenc- their independence without resort to imple- East Timor today and the fact that the prov- ing of the East Timorese leader Xanana mentation of the provisions prescribed in ince is an integral part of the Republic of Gusmão to life imprisonment by an Indone- resolution 1514 (XV). In fact, in some, the Indonesia for nearly two decades, my Dele- sian court in Dili, charged with “rebellion” colonial powers simply departed, often gation sincerely hopes, that this Committee and “separatism” for his opposition to In- leaving the country in disarray and self- will finally decide that the inclusion and donesia’s illegal takeover of his country. On destructive civil wars continue to this day. discussion of the question of East Timor can the other hand, and under the auspices of In East Timor, it is true that the process serve no purpose. Let me also add, to sup- the Secretary-General, the Ministers of of decolonization was tumultuous due to the port integration is to respect the aspirations Foreign Affairs of Portugal and Indonesia hasty departure of the colonial power and of the people of East Timor; to be against it had held in Rome their second meeting. Po- the attempt by one minority party to seize is to oppose the will of the East Timorese litical talks were thus proceeding against a power by force of arms rather than through people and to thwart their right to political, background of continuing human rights con- democratic methods. But, nevertheless, economic and social development. cerns and unabated repression. there was a clear expression by four political Thank you Mr. Chairman. Portugal fully shares the Secretary- parties representing the overwhelming ma- General’s assertion, as contained in the last jority of the population as to their real RUI QUARTIN SANTOS, progress report he submitted to the General wishes for the kind of independence they PORTUGAL Assembly (doc. A/48/418x 20/9/93): desired which was through integration with “Equally important and intrinsically linked Indonesia. This brief chronology of events Mr. Chairman, to the peace process is the human rights which my delegation has reiterated on past Allow me to begin by saluting you, Sir, situation in East Timor. The improvement occasions shows that the Indonesian Gov- and all the distinguished members of this of the conditions in East Timor is sine qua ernment’s only role was in responding to Special Committee, and by recalling the non to progress in the Talks.” the expression of the true will of the people significant contribution that this body has In the light of this remark and precisely of East Timor. made over the last three decades to the suc- one year after our last meeting on this issue, Mr. Chairman, cessful role played by the United Nations in it is time to make an assessment of the po- It is indisputable that during the past bringing about self-determination and inde- litical process on motion concerning this eighteen years since integration with the pendence for the overwhelming majority of issue, on the one hand; and, on the other, to Republic of Indonesia, the East Timorese the colonial countries and peoples through- determine how things have evolved in East people have achieved substantial and tangi- out the world. Timor, specially in the human rights field. ble progress in all aspects of life than they Even now, when that task seems near to Shortly afterwards, on August 20, the did throughout the entire previous era. To completion, it is important to underline that Sub-Commission on Prevention of Dis- bring the province of East Timor to the level the principles and rules which have presided crimination and Protection of Minorities of other provinces, the Central Government over it are still valid and are applicable to adopted resolution 1993/12. The Indonesian has allocated and continues to allocate a the few remaining non-self-governing territo- authorities were thereby urged to implement much larger per capita budget for East ries. The United Nations cannot, in particu- fully the 1992 and 1993 decisions of the Timor than to any other province. In this lar, turn a blind eye to those cases in which Commission on Human Rights, while the connection, let me inform that the Govern- the blatant disregard for those rules and Sub-Committee expressed its “deepest con- ment is allocating approximately 624 million principles has led to a most regrettable cern, at reports of continuing violations of rupiahs for a development project which human rights in East Timor.” The Sub- East Timor Documents, Volume 30. July 13-14, 1994. Page 63

Committee remained seized of the issue and implemented, in spite of all the pledges dialogue, in a credible and transparent man- will consider it further at its next session, made by the Indonesian authorities. ner, so that a genuine and useful contribu- due to take place during the next month of On the positive side it should be under- tion to his endeavours can be provided. August. lined that it was possible to reach a consen- Mr. Chairman, In the following month, the Ministers of sus this time as in 1992; that the Special To make a balanced assessment of how Foreign Affairs of Portugal and Indonesia Rapporteur on Extrajudicial, Summary or the question of East Timor has evolved met in New York with the Secretary- Arbitrary Executions has been invited to during these last twelve months it is now General for their third round of talks aimed visit the territory (the visit has just taken necessary to compare the words with the at achieving a just, comprehensive and inter- place and we are looking forward to its re- reality, to see whether the latter was posi- nationally acceptable settlement to the ques- port); and that Indonesia committed itself tively influenced by the decisions adopted tion of East Timor. The importance of the also to address invitations to other relevant and the commitments undertaken, or not. promotion of respect for human rights, in all thematic Special Rapporteur and for work- I regret to begin this task by saying that their indivisible aspects, and fundamental ing groups of the CHR to visit East Timor my delegation is quite disappointed-by the freedoms in East Timor was recognized, as when necessary for the fulfillment of their lack of substantive and clear progress in well as that of the implementation of the duties. redressing the human rights situation in East provisions adopted by the Commission on The fourth round of talks under the Sec- Timor. The positive developments recorded Human Rights by consensus, on March retary-General’s auspices took place in have been too limited in number and in 1992. Special relevance was attached to the Geneva, on May S. As a general comment scope and are therefore undoubtedly insuffi- furthering of access to East Timor by the on its outcome, we should point out, in the cient. United Nations and humanitarian and human first place, that the parties concentrated The Indonesian authorities have failed so rights organizations. The improvement of their efforts on consolidating and expanding far to provide sufficient information about the atmosphere of dialogue between the the “confidence-building measures,” whose the fate and identity of those killed and of parties; the envisaging of contacts to be need had been previously recognized. Sp e- the overwhelming majority of those still carried out by the Secretary-General with cial importance, in this context, was again unaccounted for after the Santa Cruz kill- whom he would deem useful to assist in the attached to the human rights problem. The ings. Bishop Belo, the apostolic administra- solution of the question; and the promotion final communiqué contemplated the main tor of Dili, said in an interview (14/9/93), of a balanced exchange of visits by journal- points which had been the object of the that people involved in the 12 November ists and personalities from both countries, Commission on Human Rights’ decisions. demonstration were still seeking refuge in were also contemplated. Indonesia has, therefore, reinforced the villages, fearing retribution from the military The relevance of the human rights issues commitments already undertaken regarding authorities, and that many families were still in this first “package” of confidence-building the improvement of the human rights situa- waiting for their children’s bodies to bury. measures designed to start paving the way tion prevailing in East Timor. Disturbing accusations were recently made to address the substance of the question Special attention was also devoted in the about the fate that a number of wounded appears as quite evident. It is important to Geneva meeting to the engagement of the people taken to the military hospital in Dili note that Indonesia has hereby expressly East Timorese in this process of dialogue. after the shooting, would have met. It is reiterated the commitments it had under- Their interests, being the colonial people therefore the more imperative that all the taken, before the Commission on Human concerned in this question, are considered circumstances surrounding the matter be Rights, to take concrete steps to improve paramount by the Charter. The Ministers duly investigated. the situation prevailing in East Timor. conveyed their appreciation to the Secre- The invitation addressed to the Special The Commission on Human Rights met tary-General in particular, for the dispatch Rapporteur on Extrajudicial, Summary or again in late January 1994. It took up the of a mission, in January 1994, that carried Arbitrary Executions to visit East Timor is question of East Timor having before it a out a number of contacts in Lisbon, Jakarta, welcome and it is expected that the recent report of the Secretary-General and reports Dili and Sidney, many of them with East visit he has paid to the territory will con- emanating from its Special Rapporteurs on Timorese leaders and personalities. Similar tribute to shed light on this most horrifying the questions of torture and of extrajudicial, consultations and contacts will take place episode. The cooperation that the Indone- summary or arbitrary executions, as well as whenever the Secretary-General deems nec- sian Government has extended to the UN reports by its Working Groups on Arbitrary essary. Working Group on Enforced or Involuntary Detention and on Enforced or Involuntary But what may still be more important is Disappearances is a positive sign, but has Disappearances. Paragraph ... of the Secre- the initiative taken by the Secretary-General unfortunately, failed to bear significant tariat’s working paper (doc. ) describes the to explore appropriate efforts to facilitate an fruits. main provisions contained in the consensus all-inclusive East Timorese dialogue, to be The military and police personnel re- statement adopted by the Commission on 9 encouraged as an important contribution to sponsible for the shameful episode of the March. the on-going talks under his auspices. The Santa Cruz cemetery have not yet been Besides reiterating its concern over the Ministers of Portugal and Indonesia also brought to justice, and the absurd discrep- continuing allegations of human rights viola- stated their readiness to meet with, respec- ancy in the sentencing of soldiers and peace- tions in East Timor, the statement dedicates tively, leading East Timorese supporters ful civilian demonstrators has not been re- a good number of its provisions to calling and opponents of integration. dressed. Those convicted for nonviolent again on Indonesia to carry out those which Potentially significant steps forward activities have yet to be released. In addi- had been adopted in the 1992 and 1993 were thus made towards involving the East tion, five young East Timorese who demon- CHR decisions regarding the 12 November Timorese in the search for a settlement to strated peacefully in April this year, in Dili, 1991 shooting in which scores of East this question, in accordance with the princi- on the occasion of a visit made by foreign Timorese civilians were gunned down by the ples of the Charter and of the relevant UN journalists, were arrested and recently sen- Indonesian military. This implied that two resolutions. It is now imperative that condi- tenced (2 of them to 3 years in prison and years later, the Commission considered that tions be met allowing the Secretary-General the other 3 to 20 months). Amnesty Inter- most of those provisions were still to be to act effectively to promote an all-inclusive national made an appeal last May in favour Page 64 East Timor Documents, Volume 30. July 13-14, 1994. of 11 East Timorese detained for non- worthy of close scrutiny by the interna- ment sur leur avenir. Laissons les Timorais violent political activities. tional community and by relevant UN bod- s’exprimer et nous verrons aprés.” Whereas the Portuguese Government re- ies, including this Special Committee. Mr. Chairman, acted positively to the authorization granted Following the visit made to the territory, In the final communiqué of the 6 May to leave Indonesia to the seven young East- last April, by 26 foreign correspondents Geneva meeting, it is said that the Ministers Timorese who had sought diplomatic asy- based in Jakarta, a number of articles and (of Portugal and Indonesia) reacted posi- lum, in June 1993, in the Swedish and Fin- reports were released by some of the leading tively to the Secretary-General’s appeal to nish Embassies in Jakarta, considering it as a international media, which, with practically exercise restraint on the issue of East Timor contribution to create a more favourable no exception, confirm that assertion. in the interest of maintaining a favourable atmosphere for our dialogue, we must now, It is, for example, extremely significant atmosphere for further progress towards a however, express our dismay at these re- that an integration supporter like Mr. Flor- comprehensive settlement of the question. pressive actions, whose negative impact on entino Sarmento, a member of the Indone- On our part we stand ready to continue the dialogue must be duly put on record. sian Golkar Party and head of the leading to live up to our commitments. But “re- The Portuguese delegation had the occa- non-governmental development agency in straint” cannot be understood as a “one way sion, last year, to refer it length to the im- the territory, has said, as quoted by “The street,” as a unilateral obligation of silencing prisonment and trial of the East Timorese Sunday Telegraph” (4/17/94) that: “this is the persistence of unacceptable situations or leader Xanana Gusmão. I would like to add not an integration, this is a pure military abuses. Words must be followed by deeds, that we consider the reduction of his life occupation. East Timor is a conquered terri- lest we be tempted to conclude that we are term sentence to twenty years as not ad- tory, living in a climate of threat, fear and involved in an exercise aimed chiefly at buy- dressing the substantive issues at stake in war.” ing time and at defusing growing interna- this whole affair, appearing instead as a Announcements concerning the reduction tional criticism over this issue. We deem it measure aimed at appeasing harsh interna- of Indonesian armed forces stationed in East indispensable therefore that the constructive tional criticism over Mr. Gusmão’s trial. Timor have been met with skepticism by spirit that presided over the adoption of the The latter has lately denounced the condi- military attaches in Jakarta, who visited Dili last CHR consensus statement be followed tions under which he was treated in prison, in November 1993. The U.S. Department of by effective and unequivocal action on the forced to choose a lawyer against his will State Human Rights Report 1993 says: “(... part of the Indonesian authorities to redress and subjected to a trial which failed to meet ) In East Timor, where largely cosmetic the situation in East Timor. internationally accepted standards of fair- changes in the force structure resulted in Mr. Chairman, ness. Lawyers from the Indonesian Legal minimal reductions in troop presence (... ).” In spite of the wide gap existing between Aid Institute have been prevented from Mr. Sarmento is also quoted by France- the positions of Portugal and Indonesia on meeting him. Visits by the ICRC although Press as having said (2/18/94) that “it is the substance of the question - that is, the they have been resumed were banned for a hard to understand the purpose served by completion of the decolonization process of period of time. Only a few days ago were the presence of so many battalions when East Timor - we firmly believe that there his wife and children allowed to visit him. what we need is a political solution interna- will be no substitute for a peaceful and ne- Mr. Chairman, tionally acceptable.” gotiated settlement, with full respect, first My delegation views favourably the in- Professor George Aditjondro, a well- and foremost, for the legitimate rights of its creased access to East Timor by the United known Indonesian scholar, in a research people, in accordance with the principles of Nations, CHR subsidiary bodies, journalists paper released in August last year, elabo- the Charter and the International Law. and parliamentarians. The Ministers in Ge- rates on the impact of the official transmi- The passing of time and the unfolding of neva agreed that such access and visits gration programme and of the “flood of events in the territory, specially during should be continued and further expanded. spontaneous migration from Indonesia” (to these last years, have clearly shown that Nevertheless, and recognizing that some East Timor); on the monopolistic control of there will be no lasting and durable settle- progress was made in this area, we regret almost the entire economy of East Timor by ment to these problems based on repression that human rights organizations such as an Indonesian Group (PT Batara Indra); and or on the use of force over the East Amnesty International and Asia Watch have on the economic, social and cultural negative Timorese, but instead it will have to be still not been able to visit the territory , and impact of the removal of population from based on the respect for their right to decide, that the visits, according to most of the the interior of the country to “guided vil- in a free and valid manner, their own politi- accounts, continue to be tightly monitored lages” for mainly military purposes. He cal future. and controlled by the authorities. The popu- speaks also of the fostering of a “culture of Portugal remains thus firmly committed lation is strongly dissuaded from speaking violence” and of “intimidation” as a conse- to contributing to the on-going efforts under to foreign visitors. Spontaneous contact quence of the war in East Timor. the auspices of the Secretary-General, hop- with local people is rendered extremely Monsignor Belo does not give very en- ing, that in a gradual but steady manner, the difficult. In one particular case – that of the couraging signs either. In one Interview aforesaid gap will be bridged allowing for visit made last September by members of granted on September 23, 1993) he said the legality to be finally restored in East Timor, the Swedish Parliament – students with a East Timorese live as if they were in a bringing to its people the long awaited peace reputation of being oppositional were either prison, under “permanent military pressure and justice they are entitled to. arrested before the arrival of the delegation through vigilance.” He added that people or sent out of Dili, to prevent any contact or live in fear, being “afraid of retaliation of the demonstrations. military authorities, of interrogations, of Mr. Chairman, being tortured and beaten.” In spite of some encouraging moves and More recently, to the French newspaper the pledges made by Indonesia concerning “La Croix” (5/29/1994), he said: “Sur le the improvement of the human rights situa- plan humain, rien ne sera reglé an que les tion in East Timor, the latter appears to us Timorais ne pourront pas s’exprimer libre- as continuing to be extremely worrisome and