STATISTICS AND OUTCOMES

Concluding remarks

We came to the conclusion of this project work, but not at the end of our individual researching work. I think that this project has been a motivation for us and for those who have followed us to know more about different realities which in Italy and in the Western world are unclear or completely unknown. It is important to open our eyes to other realities, other cultures and problems. Blogging does not resolve problems but makes us aware of what is happening in the world, it makes us free to think and also to have our own ideas, which can be shared with other people all over the planet. This exchange of opinions and ideas surely can make us grown and maybe make the world a better place for everyone.

The situation in Southeastern Asia is more different between the countries, but they have something in common: often the governments do not help to resolve the problems, so the changes should come from below. There should be more statements that promote human rights, more laws enforcing them and even if in the recent years there have been some changes, the respect for human rights and for human dignity is still far from being real.

Studying the Southeastern Asia was not an easy work to do, but we tried our best to search for the materials, for the analysis and also for writing everything in a correct English form. We want to thank everybody for your many visits and for sharing with us your opinions.



Micol, Nicola, Michael, Laura.

POST 11. JUSTICE DENIED IN TIMOR LESTE

After Portuguese’s decolonization of the territory called Timor, the eastern half of the island declared its independence but Indonesian forces invaded and occupied it. In 1999 the United Nation recognized to Timor East its right to the self-determination and in 2002 Timor East became a sovereign state with the name of Timor Leste. After that, peace on the country was difficult to accomplish. The civil disorder’s climax was in 2006 when tensions within the security sector led to deadly riots claiming dozens of lives and driving some 150,000 people – 15 per cent of the population – from their homes. Due to the emergency the United Nations sent some security force to do peace keeping operations; UN Police (UNPOL) and UN Integrated Mission in Timor-Leste (UNMIT).  Despite this two UN mission there was another international security force in the country: the International Stabilization Force (ISF). In 2007 a four-party coalition headed by Prime Minister Gusmao was elected but after only one year a new wave of violence caused serious injuries to the President Ramos-Horta and attempted Prime Minister Gusmao‘s life. In 2011 Timor Leste outbreaks of violence seem to end so the UN handed-off operational control of the police force to the East Timor authorities.

During the 24 years of Indonesian domination and 13 years of transition to a stable government the violations of human rights and the crimes against humanity were really acute. In 2002, after gaining its place in UN general assembly, Timor Leste became part to the Rome Statute too. However calls for justice to the victims of the abuses of the army are not yet fulfilled. On the contrary, the justice machinery lack of staff and resources. Regarding the Indonesian occupation’s abuses the new constituted government pursued reconciliation with Indonesia rather than justice. Despite 2009 new Timor Leste’s penal code (that include most crimes under the International Penal Court), cooperation with the ICC is not provided. The sense of the impunity that Timor Leste inhabitants were feeling was enforced by President Statement to commute all the sentences against those involved in 2006’s riots. In addition the President gave pardons to the responsible to 2008’s violence outbreaks. The reaction of Timorese politicians and human rights activists was negative, they assumed that “strengthens impunity, weakens the people's faith in the justice system and undermines the rule of law."

In effect during the 24 years of occupations more than 100.000 people were killed and during the 1999 Timor Leste independence referendum almost 1200 people died. Attempts to bring perpetrators of past crimes to justice in Timor-Leste have been weak, Indonesian suspected to have committed crimes as unlawful killings, sexual violence, enforced disappearances, threats, arbitrary arrests and intimidations are at large in Indonesia and the possibility that they will be in front of an international court is way too far. The main issue is that Timor Leste did not enable the extradition neither mutual legal assistance agreements with other states (including Indonesia). So it can’t be meet an international standard of fairness. They exist two bodies created to “establish conclusive truth in regard to the events prior to and immediately after the popular consultation in 1999, with a view to further promoting reconciliation and friendship, and ensuring the non-recurrence of similar events”:  The Commission Of Truth And Friendship (CTF) and the Commission For Reception, Truth And Reconciliation in East Timor.

In 2010 steps have also been taken to boost accountability for crimes committed during 2006’s April and May , with all cases recommended by the Commission of Inquiry having been taken up for investigation.

In 2012 the UNPOL and UNMIT mission have withdrawn, this because free presidential and parliamentary elections were held peacefully in March and in July.  The hopes of a new start for the country are high, so said the Human Rights Advisor Gentile in the video here.

https://www.youtube.com/watch?v=V2Wd1AQS0J8

Right now the general feeling is that the Panel with Exclusive Jurisdiction over Serious Criminal Offences in Timor-Leste, established years ago by the UN Transitional Administration in East Timor is not adequate, in the name of the failure of the justice Amnesty International sponsored in 2010 the set up by the UN Security Council of a tribunal with jurisdiction over all crimes committed in Timor-Leste between 1975 and 1999. This request was confirmed the past month (Nov, 12) in which both the ONG and the ANTI (the Timor-Leste National Alliance for an International Tribunal) asked that the UN and the governments of Timor-Leste and Indonesia had to take responsibility to ensure justice, in particular for Santa Cruz massacre occurred in 1991 during a procession of pro-independence demonstrators, suppressed by Indonesian security forces.

To know more about suggests of ANTI and Amnesty International see http://www.amnesty.org/fr/library/asset/ASA57/007/2012/fr/9ffc3a49-f15d-4ab6-aa9e-5f64a90b58a4/asa570072012en.html

Right now a lot of inhabitants are waiting the justice, I think that is right to judge the perpetuators of the abuses, both Indonesian and internal Timor Leste’s gangs (http://www.poa-iss.org/CASACountryProfile/OtherDocument/95@Timor%20Leste%20Small%20Arms%20Survey%20IB2%20ENGLISH%20Final.pdf) and I hope that a minimal level of evenness will be respected in honor of those who died to create a free, independent country.

Judicial system in Timor Leste http://www.jsmp.minihub.org/Language_English/legislation_english.htm

UN 2010 report on Justice System http://www.un.org/apps/news/story.asp?NewsID=36342&Cr=timor&Cr1#.UMOw8ehv-w4

2011’s UN universal period review on Timor Leste http://www.amnesty.org/en/library/info/ASA57/003/2011/en