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"If many of the East Timorese who remain in West Timor (Indonesia) are "afraid to come home because they fear being lynched" that fear is not based on reality." Charles Scheiner, National Coordinator, East Timor Action Network/US
I sent the following letter to the New York Times after they printed the column excerpted below. They haven't published my letter, but I wanted to share it with east-timor list readers. -- Charlie

February 27, 2000

To the Editor:

Re: “Truth Commissions Take on a Local Flavor” (Editorial Observer, Feb. 26):

If many of the East Timorese who remain in West Timor (Indonesia) are "afraid to come home because they fear being lynched" that fear is not based on reality.

On a recent visit to East Timor, I found an amazing willingness to welcome those who committed mayhem under Indonesian military direction. Even militia leaders will be accepted, provided they recognize the 78% vote for independence. The East Timorese understand who ravaged their country and are frustrated that half-hearted efforts to bring Indonesian officers to justice are going nowhere.

Of the 175,000 who have returned from West Timor, a few dozen have been harassed or assaulted. Although militias killed thousands and burned most of East Timor’s buildings in 1999, only four returnees have been killed in retaliation, all more than ten months ago. Nevertheless, 100,000 East Timorese refugees languish in squalid refugee camps 16 months after Indonesian soldiers and militias forced them there.

The fear which keeps some from returning is inculcated by armed militias whose propaganda, threats and violence mislead the refugees about what they would face in East Timor. While useful for other purposes, a Truth Commission will not help the refugees. Only concerted international pressure on the Indonesian government to disarm and disband the militias and prosecution of those who committed crimes can end this 540-day hostage crisis.

Sincerely,
/s/
Charles Scheiner

National Coordinator, East Timor Action Network


The New York Times

February 26, 2001

EDITORIAL OBSERVER

Truth Commissions Take On a Local Flavor

By TINA ROSENBERG

When a nation goes through a transition from war or dictatorship to democracy, the standard practice is to hold elections, free political prisoners - and, nowadays, convene a truth commission. Considered exotic only a few years ago, truth commissions gained renown with South Africa's Truth and Reconciliation Commission. Today they have become an integral part of overcoming a repressive past.

Truth commissions can aid nations in understanding and remaking a damaged political culture. They can help victims to heal, create a consensus for democratic reforms and uncover evidence that can be used to prosecute the guilty. But some countries that establish commissions will not see these benefits, because the new democratic governments lack the desire or clout to sustain their work or have designed truth commissions unsuitable to their societies.

Truth commissions have recently begun work in Nigeria and Panama, and are about to start in Sierra Leone and East Timor. Indonesia and Peru are completing the rules for new ones and commissions are being seriously discussed in Mexico, Bosnia, Serbia, Ghana, Burundi and elsewhere. Canada may establish a truth commission to examine aspects of how it treated native
peoples.

While a truth commission is an official investigation into a repressive past, each nation must determine what span to cover and what kinds of crimes to investigate under what rules. For example, a commission may not be given the power to grant amnesty, or it can follow South Africa and offer amnesty to those who confess in full. Commissions also must decide whether to pass information collected to the courts.

These choices should depend on a nation's history and the strength of its new democratic government. But some lessons can be drawn from past experiences. The most important is that a truth commission must have plenty of money, a broad mandate and high-level backing because it will face powerful resistance.

Such resistance can sometimes prevent truth commissions from publishing the names of those credibly accused of atrocities. But this should be done if possible, especially in countries where the perpetrators are still powerful enough to have received a promise of amnesty.

Testimony should also be in public, if victims are not endangered by it. When victims tell their stories in secret, the truth emerges only when the commission's final report is published. Priscilla Hayner, whose work with many countries setting up truth commissions forms the basis for her new book, "Unspeakable Truths," argues that televised testimony was essential to reaching a large audience in South Africa. The unfolding drama made the news every day. It could not be ignored even by committed supporters of apartheid - the truth commission's most important audience.

While borrowing ground rules from other nations, governments should tailor commissions for their own use. The draft legislation for Indonesia's truth commission, for example, adopts South Africa's model wholesale, including its amnesty - even though in Indonesia there is no public clamor for amnesty, no need to protect the democratic transition and no serious threat of trials, which induce people to choose full confession and amnesty.

Other countries have copied procedures more profitably. South Africa and Germany examined the role that institutions such as the church or media played in supporting dictatorship, an idea Nigeria's truth commission is now using. It has held hearings into what actions Shell Oil took to prevent the execution of Ken Saro- Wiwa and other environmental activists in 1995, after they were convicted of murder in a sham trial. Shell, which enjoys great influence in Nigeria, only spoke against the executions two days before they
happened.

Ms. Hayner believes that East Timor's new commission is one that will make creative use of local customs. It will not deal with those accused of the most serious crimes, who will be brought before the courts. But there are about 10,000 East Timorese who participated with the Indonesian-backed militias in committing lesser crimes - far too many for the courts to handle. Many are in exile in West Timor, afraid to come home because they fear being lynched.

The truth commission will bring those who want to return before local village councils, where they will admit their crimes, apologize and be sentenced to appropriate community service. By local custom, they should then be safe from acts of revenge.

Perhaps the most important role of a truth commission is to recommend reforms in the courts, police and schools. In Sierra Leone, for example, the new truth commission's recommendations will be mandatory, and the commission will also leave behind a group to report on how well they are being carried out. Understanding the past is crucial for a distressed nation, but such comprehension is useful only if it leads to change.


Charles Scheiner
National Coordinator, East Timor Action Network/US
P.O. Box 1182, White Plains, New York 10602 USA
Telephone:1-914-428-7299; fax:1-914-428-7383  cell:1-914-720-9205
charlie@etan.org    PGP key available on request.
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East Timor Action Network U.S.
ETAN is a U.S. based activist group presenting a wide range of articles, news reports and press releases related to East Timor. ETAN/US also provides ways to help East Timor, which was invaded and subjugated by U.S. ally Indonesia in 1975. East Timor chose independence in August 1999 and was soon destroyed by the Indonesian military. It is now administered by the U.N.. ETAN advocates human rights accountability, return of refugees and democratic reconstruction of East Timor.
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About 10-15 emails a day; 1 full item/email: This list distributes news and other documentation on East Timor from a wide range of sources, including the East Timorese groups and ETAN/US, TAPOL, and other support groups. Reports and translations from wire services and the Indonesian, Portuguese, Australian, British, U.S. and Irish press also regularly appear there, as well as official documents and statements from the U.N., national governments,  NGOs etc. Postings average 10 per day, although the frequency varies with the pace of East Timor-related events.  This list is available via email through a majordomo server called east-timor; write john@etan.org if you want to subscribe or see http://www.etan.org/resource/etlist.htm.

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