26 July 2012
Four Years of Final Report of Indonesia-Timor-Leste Commission of Truth and Friendship (CTF): A Recommendation without any Implementation
Jakarta, July 16, 2012 Four years have already passed (15 July 2008 - 15 July 2012) after the issuance of the Final Report the Commission of Truth and Friendship (CTF) of Indonesian Government and the Democratic Republic of Timor-Leste, but until now, there is no any consensus recommendation run by both countries. As a reminder, this state's independent commission has issued seven (7) main recommendations. Either directly related to accountability process of the security sector reform; which will affect the law enforcement process of the human rights past abuses; the establishment of the Commission for the Disappeared; official state acknowledgment and apology of both countries and up to the long term of reconciliation agendas between Indonesia and Timor-Leste.
KontraS looked that slow implementation for 4-years is refers to form of law and politic denial between both countries. Indonesia has conducted the agenda of security sector reform (SSR) for more than one (1) decade, but law and public often missed the accountability section. Other recommendations that urgently need to be realizing such as acknowledgment and apology, the establishment of Commission for the disappeared are become impossible as long there is no political will between both Presidents.
Indonesian government has to execute the official state acknowledgment and apology a manifestation of commitment to the truth and reconciliation agenda of past abuses cases that happened in Timor-Leste. This agenda could even encourage the efforts to acknowledge of other human rights violations that occurred in Indonesia. With the justice agenda that is unity of the transitional justice concept that acknowledge by other democratic countries.
Unfortunately, the indifference of President Susilo Bambang Yudhoyono on those seventh main recommendations of CTF Final Report that indicates lack of Indonesian political will to solve those serious past abuses in Timor-Leste. The delegation of Timor-Leste mentioned this indifference in the second Session of Universal Periodic Review in last 23 May. Timor-Leste, specifically, warned Indonesia to end impunity by accelerating the establishment of the Commission for the Disappeared based on the Final Report of the CTF.
On the hand, Indonesian civil society also awaits the political steps of Taur Matan Ruak, the elected President of Timor-Leste, to encourage the recommendation and accelerate the restitution of victims' rights. His political interest on CTF will be important and strategic. He is one of the main parties who have strong background in socio-political history of Timor-Leste, both in the past, now and then.
KontraS assess the concept of truth, friendship and reconciliation that mentioned in the Final Report of the CTF must be in tune with the real demands of victims' community and their families. Especially on the values of justice and guarantee that will not happen in the future. The legal process for perpetrators of crimes against humanity must be continue due to there is no recommendation of CTF that mention the amnesty or rehabilitation to anyone.
In the line with CTF's recommendations, we continue to urge the Indonesian and Timorese Governments to take immediate concrete steps as follows:
1. Immediately establish the Commission for the Disappeared including providing legal certainty and justice for victims' families on clarity of their beloved one who still missing.
2. Jointly encourage the legal process of all the perpetrators of crimes against humanity in Timor-Leste to avoid impunity practice in the name of reconciliation and friendship.
3. Provide reparation to victims and their families in accordance with the contents of recommendation of Final Report of Indonesia-Timor Leste Commission of Truth and Friendship.
Indria Fernida, SH.
First Deputy Coordinator of KontraS