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The Archived Legacy of Transitional Justice in Timor-Leste A

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The Archived Legacy of Transitional Justice in Timor-Leste A Housing the Truth: The Archived Legacy of Transitional Justice in Timor-Leste A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Asian Studies in the Graduate Division of the University of California, Berkeley Committee in Charge: Professor David J. Cohen, Chair Professor Alan Tansman Professor Jeffrey Hadler Professor Kathryn Abrams Fall 2011 1 2 Abstract Housing the Truth: The Archived Legacy of Transitional Justice in Timor-Leste by Leigh-Ashley Lipscomb Doctor of Philosophy in Asian Studies University of California, Berkeley Professor David J. Cohen, Chair Based on testimony and documentation in the archives of Timor-Leste and Indonesia, participant observation and interviews with key actors in the transitional justice process, this study seeks to document and analyze the fate of the thousands of stories that were given by the Timorese and Indonesian people to transitional justice institutions established by Timor-Leste since 1999. By tracing the life of these stories and their tropes, these institutions‟ truth-telling processes will be assessed. Key analytical questions include: How do transitional justice institutions create and express “truth” narratives, and how are those forms of expression relative to the local cultural context? What are victims‟ and perpetrators‟ roles in the creation, transformation and preservation of these narratives? What becomes of these stories after the institutional truth-seeking mandates end? Finally, what can the study of Timor-Leste teach us about truth-telling in other post-conflict states? This study will document both the synchronization and discord of local knowledge with the production of universal narratives of justice in Timor-Leste through the transitional justice process. Interlocutors, referred to as narrative centers, are shown to be indispensible animators of truth-telling and loci for bringing victims‟ truths from the margins to the centers of national discourses. 1 Table of Contents Page Map ii Abbreviations and Terms iii Chronology vii List of Figures ix Preface x Part 1: Introduction 1. What Happens After the Stories Have Been Told? 2 2. Narrative Centers 14 3. The Archives of Transitional Justice in Timor-Leste 26 Part 2: Official Narratives 4. Ground Zero: The Voice of Judgment 32 5. Pathways: The Voice of Victims 73 6. The [in]Conclusive Truth: The Voice of Two Nations 127 Part 3: Unofficial Narratives 7. Guardians: The Voice of Resistance 145 8. The Voiced and the Unvoiced: Poetics and Accountability 157 Part 4: Conclusion 9. Housing the Truth: The Archived Legacy of Transitional Justice in Timor-Leste 195 Bibliography 206 i ii Abbreviations and Terms ABRI – Angkatan Bersenjata Republik Indonesia – the abbreviation used for the Indonesian army prior to April 1999. APODETI – Associacão Popular Democratica Timorense – One of the original political parties of East Timor founded in 1974 with a pro-Indonesian integration platform. CAVR – Commissão Acholimento, Verdade e Reconciliação – The first national truth commission established in East Timor in 2002. CNRT – Partidu Congresu Nasional Rekonstruksaun Timor-Leste/National Congress for the Reconstruction of East Timor – A leading political party in Timor-Leste founded in 2007. It forms the largest proportion of seats in the ruling coalition, and is led by the current Prime Minister of Timor-Leste, Xanana Gusmão. Prior to independence, an earlier organization, Conselho Nacional de Resistência Timorense/ National Council for Timorese Resistance, also abbreviated to and known as “CNRT,” existed as an umbrella political organization within the resistance movement to unite different political parties in the struggle for independence. The resistance-era CNRT was created by Xanana Gusmão in 1996. CRP – Community Reconciliation Process – One aspect of the work of the national truth commission that allowed persons to reconcile with their communities through a formal program. The process required perpetrators make statements about non-serious crimes they had committed in 1999. CTF – Commission for Truth and Friendship between Indonesia and Timor-Leste – the world‟s first bilateral truth commission, created in 2005 to conduct truth-telling and reconciliation activities between the two countries regarding the violence committed in East Timor in 1999. The commission completed its work in July 2008. FALINTIL – Forças Armadas da Libertação Nacional de Timor-Leste – The Armed Forces for the National Liberation of East Timor were established on 20 August 1975 as the armed wing of the resistance movement for the independence of East Timor. FALINTIL was officially dissolved in 2001 after the nation achieved independence, and the national defense force was established. FRETILIN – Frente Revolucionária de Timor-Leste Independente – One of the main political parties of East Timor since 1974. The political party was called the Timorese Social Democratic Association (ASDT), and was one of the original parties created in Timor-Leste during the Portuguese Occupation. During 1974 it was the party most strongly advocating for the complete independence of East Timor, first from Portugal, and later from Indonesia. FRETILIN claimed power as the ruling party following a brief period of civil war in August 1975, and declared unilateral independence in a ceremony in November 1975 before the Indonesian invasion. During the Indonesian Occupation, FRETILIN remained the dominant political party and was identified with the resistance movement. After East Timor gained its independence from Indonesia, FRETILIN continued to be a core political party. They presently hold a plurality of iii seats in the National Parliament and formed the government in East Timor from independence until 2007. ICTY – International Criminal Tribunal for the Former Yugoslavia – an international criminal court that is mandated to prosecute violations of international humanitarian law for crimes committed in the former Yugoslavia since 1991. INTERFET – International Force in East Timor – the multi-national military force led by Australia sent by the United Nations to stabilize the nation after post-referendum violence, and to ensure the withdrawal of Indonesian troops. INTERPOL – International Criminal Police POLRES – Under the Indonesian policing system in place until October 1999, POLRES is the abbreviation for the district-level of the police command structure. KKP – Komisi Kebenaran dan Persahabatan Timor-Leste Indonesia – Official name of the bilateral truth commission between Timor-Leste and Indonesia, as it is rendered in the Indonesian language. In English it was referred to as Commission of Truth and Friendship between Timor-Leste and Indonesia (CTF), as described above. The official language, and therefore the name, of the truth commission was Indonesian. KODIM – Komando Distrik Militer – Term for an Indonesian District Military Command. KPP-HAM – Komisi Penyelidik Pelanggaran Hak Asasi Manusia di Timor – A Commission of Inquiry mandated by the Indonesian National Commission on Human Rights (Komnas HAM) on 22 September 1999 to investigate and submit a report on human rights violations committed in East Timor in 1999. NGO – non-governmental organization. Post-CAVR – After the CAVR (national truth commission) completed its work in 2005, it was followed by a technical secretariat, known popularly as “post-CAVR.” The Secretariat continues to occupy the offices of CAVR. Its mandate has been extended on an annual basis until present. It conducts dissemination and outreach activities related to the former truth commission‟s work. RDTL – Democratic Republic of Timor-Leste – the official name of the state since 2002 when it became formally recognized as a sovereign state. SCIT – Serious Crimes Investigation Team – a UN body operating in Timor-Leste since 2007 under the peace-keeping mission‟s mandate to complete investigations began under the original Serious Crimes Unit. SCU – Serious Crimes Unit – the investigation and prosecution branch of the hybrid international tribunal established in Timor-Leste to adjudicate serious crimes, including crimes against humanity committed under the Indonesian Occupation. iv Special Panels – the abbreviated name for the Special Panels for Serious Crimes established in Timor-Leste in 2000, which consisted of mixed panels of international and national judges who exercised jurisdiction to hear cases of serious crimes committed during the Indonesian Occupation of East Timor. In practice, the Panels only heard cases of serious crimes committed in 1999. STL – Suara Timor-Lorosae – the only newspaper operating in Timor-Leste in 1999. The paper continues to operate since independence. TNI – Tentara Nasional Indonesia – the name for the Indonesian Army since April 1999. Formerly, the army was referred to as ABRI (see entry above). UDT – Timorese Democratic Union – The first political party founded in Portuguese Timor in 1974 after the fall of the Salazar regime in Portugal. The party originally supported continued links with Portugal, rather than full independence. After 1975, the party later formed an alliance with FRETILIN to work towards independence. UN – United Nations UNMISET – United Nations Mission of Support for East Timor – UN mission from 20 May 2002 to 20 May 2005. UNMIT – United Nations Integrated Mission in Timor-Leste – UN mission in East Timor from 25 August 2006 to present. UNPOL – United Nations Police UNTAET – United Nations Transitional Administration in East Timor – UN mission
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