Military

Why did the Portuguese leave East Timor?

What is described as a "process of decolonization" by Portugal deserves rather to betermed a record of failure and ineptitude. In August 1975, the colonial authorities inDili, in a most irresponsible manner, simply packed up and left East Timor, after allowingthe situation in the territory to deteriorate to the point of civil war. Portugal was, infact, guilty of practically instigating civil war by secretly turning over its arms andammunition to one particular minority group, FRETILIN. This development can be seen as theculmination of centuries of colonial neglect and a completely bungled decolonizationprocess. By utterly failing in its responsibility, Portugal in fact has forfeited anyright to be still considered the "administering power" of East Timor.

In the face of this, the East Timorese people had rightly assumed their inherent rightto decolonize themselves, considering themselves no longer bound to any decolonizationcovenant with the erstwhile colonial power. This they did by choosing independence throughintegration with Indonesia in accordance with U.S. General Assembly Resolution 1514 (XV)and Principles VI, VIII and IX of General Assembly Resolution 1541 (XV) and as furtherconfirmed by the relevant provisions of General Assembly Resolution 2625 (XXV).

Why and how did Indonesia become involved ?

In the wake of Portugal's abdication of responsibility, Indonesia was confronted by asituation that was neither desired nor of its making, but that threatened seriously todisrupt the national development and reconstruction efforts in which it was engaged afterthe ravages of the 1965/1966 abortive coup attempt by the Indonesian Communist Party(PKI).

Sharing the western part of the same island, Indonesia was forced to shoulder theburdens and consequences of civil war right at its doorstep, in the form of thousands ofrefugees flooding into West Timor, armed skirmishes at its border and the prospect ofprolonged political strife, economic upheaval and foreign interference.

Indonesia was explicitly asked to respond to the request for integration by thelegitimate representatives of the overwhelming majority of the people of East Timor.

East Timor's process of integration into the Republic of Indonesia has conformed withthe letter and spirit of the United Nations resolutions on decolonization, and the UnitedNations was fully informed of every step in this long and difficult process.

Indonesia from the outset supported the efforts of the new government of Portugal todecolonize East Timor and time and again reaffirmed its readiness to cooperate withPortugal in the peaceful and orderly implementation of the process of decolonization. Indeed, at the request of Portugal, Indonesia extended its active cooperation to theprocess as inter alia evidenced by the series of meetings held between high-levelrepresentatives of the two sides in New York, September 1974; Lisbon, October 1974; London, March 1975; Jakarta, August and September 1975; and Rome. November 1975.

In fact, as late as in November 1975, three months after Portugal's abandonment of EastTimor, at a meeting between the Foreign Ministers of the two countries in Rome, Indonesiastill urged Portugal to return to East Timor in order to complete the decolonizationprocess in a just and orderly manner. Portugal, however, again failed to make good on itsown promise.

Indonesia's subsequent involvement in East Timor can, therefore, be seen asendeavoring to respond, in as restrained a manner as possible, to the chaotic and tragiccircumstances that unfortunately accompanied the decolonization process in East Timor

Thus, far from "disrupting the decolonization process" or from "annexing, invading orillegally occupying" another independent state, as some have spuriously charged,Indonesia's involvement in East Timor was, on the contrary, one of contributing to theprocess of decolonization in that territory, inter alia, by helping to ensure that thedemocratically expressed will of the majority of the people not be overruled by the armedterror and unilateral imposition of a ruthless minority.

How has Indonesia helped East Timor?

Every part of the archipelago that is the Republic of Indonesia has been an integraland self-determining part of this strong and unified nation. It has been and remains agoal of Indonesia to ensure that the benefits of development reach every part of our vastcountry, proportionate to the needs. Indeed, that is the single reason why East Timorreceives the largest amount of development funds on a per capita basis, an investment thathas produced hospitals, schools, roads and commerce when little to none had existed underPortuguese rule.

What about the "population discrepancy"?

Of all the numerous myths about East Timor developed and disseminated by Indonesia'sdetractors, none is more malicious and misleading than the endlessly repeated allegationof the number of lives lost in East Timor during and after the process of integration.These critics charge that East Timor's population decreased by 200,000 or more, thusimplying that about one-third of the population has either perished or disappeared andthat Indonesia should be held responsible for this. Some even go so far as recklesslyaccusing Indonesia of "genocide."

Not only does this juggling of numbers represent a shameless distortion of the tragicfacts surrounding Portugal's mishandled decolonization of East Timor, but it also shows acomplete and often deliberate misreading of the process of population surveying andcensus-taking that has taken place prior to and following the departure of the colonialgovernment.

The only internationally accepted census of East Timor was taken in 1980 as part of anationwide count carried out by the Government of Indonesia. The resulting populationfigure -- 555,350 persons -- seemed to show a decline of some 69,000 from the lastcolonial estimate of 624,564. The true difference will never be known; colonialauthorities themselves acknowledged that their figures for 1974 and earlier were estimatesbased on reports by "liurais" (village headmen), whose counts were never verified by thePortuguese Government. In any case, any drop in the population of East Timor was muchlower than the distorted figures disseminated by these critics.

In 1976, a spokesman of the East Timor provisional government was quoted in theinternational press as having said that "60,000 had been killed" in East Timor. The nextday, however, the same spokesman said that the press had misquoted him, for what he infact had stated was that 60,000 had "lost their lives or homes" and this figure includedthe 40,000 refugees who had fled to West Timor.

These figures and the apparent short-fall in population have subsequently been eagerlyseized upon by Indonesia's critics and, through a process of mutual citation, have notonly been constantly repeated but gradually exaggerated to reach what has now become thefabricated and completely unsubstantiated claim of 200.000 lives lost.

It is a sad fact that the tragedy that engulfed the East Timorese people after 1974 didexact a regrettable toll in human lives. It should be borne in mind, however, that two keyfactors contributed to any real changes in East Timor's population:

First, the civil war that raged in East Timor in 1975-76 claimed many lives directly and indirectly. Not only did many East Timorese die as a result of the FRETILIN reign of terror, but many also delayed plans for marriage and childbearing, and many families were separated. As a result, the 1980 census showed that children younger than five years old accounted for only 14.15 percent of the total population, well below the percentage in other provinces. The hunger and disease caused by the disruption of civil war were joined by acts of FRETILIN aggression as major direct caused of loss of life. As might be expected in a violent and chaotic security situation, an abnormally low birthrate was an indirect result of the ongoing civil war.

b.Second, thousands of refugees flooded across the border to West Timor during and immediately after the war. They either settled in West Timor or emigrated to other parts of Indonesia or other countries. A large number of East Timorese and Portuguese nationals have also emigrated to other countries or returned to Portugal under the repatriation and family reunion program initiated in cooperation with the International Committee of the Red Cross.

Careful examination of the facts by several observers, including respected Westernjournalists, suggests that war-related deaths numbered around 5,000, with another 25,000victims of malnutrition and disease brought about by a war-ravaged economy and a grosslack of health-care services. That people have died is tragic enough, but the deliberatemanipulation of the number of victims is highly irresponsible and simply dishonest. It isto be hoped, therefore, that this unsavory numbers game can finally be put to an end.

How are the cultural and social traditions of the East Timorese protected?

The allegation that the East Timorese are different from other Indonesians ignores thefact that Indonesia is a land of diversity, comprising 300 distinct ethnic groups andalmost as many languages. People of the same Melanesian ancestry and with the sameculture, language base and customs, inhabit the western part of Timor island and thesurrounding islands of eastern Indonesia.

Since East Timor was integrated into the Republic of Indonesia, the Government hasworked carefully to ensure that cultural traditions are maintained, local languages arepreserved and religious practices are respected. This has included support for culturalinstitutions and organizations, expansion of economic opportunities for those involved incommercialization of traditional handicrafts and financial support for the constructionand rehabilitation of facilities of worship in all the major faiths represented in theprovince.

East Timor, like the rest of Indonesia, is a province of extraordinary ethnic,religious and cultural diversity -- a piece of the extraordinary mosaic that is the prideof Indonesia. And in this diversity, no one group is dominant. Respect and tolerance fordifferent cultural and religious traditions is at the heart of the national philosophy.This protection and nurturing in East Timor cannot be denied.

What were the actions taken in connection with the November 12, 1991, incident inDili?

The tragic outcome of the demonstration that occurred in Dili, East Timor, on the 12thof November, 1991 was deeply regrettable, as was immediately and repeatedly expressed bythe Indonesian Government at the highest levels. Most unfortunately, the demonstration wasnot entirely peaceful and indeed displayed premeditated provocation and belligerence. Ittriggered a spontaneous reaction by some security personnel, acting outside the control orcommand of senior officers, and resulted in a deplorable loss of life and a number ofwounded people. It was a tragic incident and clearly not an act ordered by or reflectingthe policy of the Government or the Armed Forces.

Nothing can be done to alter the facts of the incident: The test is in how theIndonesian Government and people responded -- by acting firmly and swiftly to get thefacts, by establishing a National Committee of Inquiry and a Military Council of Honor,and by initiating a due legal process, subjecting all those held accountable for havingviolated the law, whether on the part of the demonstrators or on the part of the securitypersonnel, to trial by the appropriate courts of justice. This legal process shall bepursued in accordance with the Rule of Law, the Pancasila State Philosophy, the 1945Constitution and the relevant Penal Codes upon which the Republic of Indonesia is based.

What is Indonesia's position on human rights?

As a conscientious member of the United Nations and, since 1991, a member of the U.S. Human Rights Commission, Indonesia accepts and recognizes the universal validity of basichuman rights and fundamental freedoms. But, as the United Nations rightly enjoins us todo, the promotion and observation of human rights should be put within the context ofinternational cooperation. And, international cooperation presupposes as a basic conditionrespect for the sovereignty of states and the national identity of peoples.

Human rights values are essentially ethical and moral in nature. Hence, any approachto human rights issues with different intentions or ulterior motivations, in other words,politically motivated intentions, should be eschewed.

Human rights are vital and important by and for themselves. Indonesia, therefore,cannot accept linking questions of human rights to other issues, such as to economic anddevelopment cooperation, or worse, making them into political conditionalities to suchcooperation, as such linkages will detract from the value of both.

As is well known, there are various categories of human rights: civil and politicalrights, economic and social rights, the rights of the individual human being and therights of the community, the society and the nation. It is universally accepted that allthese categories of rights are indivisible and inter-related, and that there should bebalance in the appreciation and promotion of all these rights in their integral whole.Undue emphasis on one category of human rights over another cannot be justified. Inassessing the human rights conditions of countries, and of developing countries inparticular, the international community should, therefore, take into account the situationin relation to all categories of human rights.

This is consistent with the basic principles contained in the United Nations UniversalDeclaration of Human Rights, adopted in 1948. Article 29 of that declaration addresses twoaspects that balance each other: On the one hand, there are principles that respect thefundamental rights and freedoms of the individual; on the other, there are stipulationsregarding the obligations of the individual toward society and the state.

It is clear, therefore, that implementation of human rights implies the existence of abalanced relationship between individual human rights and the obligations of individualstoward their community. Without such a balance, the rights of the community as a whole canbe denied, which can lead to instability and anarchy, especially in developing countries.

While human rights are indeed universal in character, it is generally acknowledgedthat their expression and implementation in the national context should remain thecompetence and responsibility of each government while taking into account the complexvariety of problems, of different economic, social and cultural realities, and ofdifferent value systems prevailing in each country. This national competence not onlyderives from the principle of sovereignty of states, but is also a logical consequence ofthe principle of self-determination.

In Indonesia, as in many other developing countries, the rights of the individual arebalanced by the rights of the community, in other words, balanced by the obligationequally to respect the rights of others, the rights of the society and the rights of thenation. This does not only conform to the cultural traditions and customs prevalent inmost developing countries where, often, the interests and the rights of the communityprevail over those of the individual, but is also fully in line with the UniversalDeclaration of Human Rights.

Moreover, in the application of human rights in developing countries including our own,it should be borne in mind that in most of these countries there are other fundamentalrights and concerns besides certain civil and political freedoms to which equally urgentattention should be given, such as the right of the vast majority of the people to be freefrom want, from hunger, from ignorance, from disease and backwardness. Attention must alsobe given to the right to development and the right to be free from external political andeconomic coercion in pursuit of development in an atmosphere of peace and nationalstability. Precisely because human rights are indivisible, no singular emphasis should beput on certain aspects of those rights.

Indonesia is of the firm view that in evaluating the application and implementation ofhuman rights in individual countries, the characteristic problems of developing countriesin general, as well as the specific problems of individual societies should be taken fullyinto account. Similarly, there should be a balanced approach towards respect for thefundamental rights of the individual and the rights and interests of society, of thenation as a whole.

Finally, the primary objective of actions in the field of human rights is not to accusenor to assume the role of judge and jury over other countries but together to develop acommon consciousness in the international community and to encourage improvement in theobservance of these fundamental rights and freedoms. We should not try to remake the worldin our image, but we can and should try to make the world a more humane, peaceful andequitably prosperous place for all.

For its part, the Indonesian Government has consistently endeavored to adhere to thehumanitarian precepts and basic human rights and freedoms embodied in its StatePhilosophy, Pancasila, its 1945 Constitution and its national laws and regulations. Indeed, these precepts, rights and freedoms, as embodied in the constitutional and legalsystem, derive from age-old traditions, customs and the philosophy of life of theIndonesian people.

The philosophical basis of Indonesia, Pancasila, which translates to Five Pillars orFive Principles, embraces humanitarian precepts that are mutually interlinked andinseparable. These five principles are:

1. Belief in one, supreme God;
2. Just and civilized humanity;
3. The unity of Indonesia;
4. Democracy, led by the inner wisdom of consensus arising out of deliberations amongrepresentatives;
5. Social justice for the whole of the Indonesian people.

The 1945 Constitution of the Republic of Indonesia, which is based on Pancasila, alsocontains humanitarian precepts and basic principles of human rights. These principles havebeen incorporated into a number of national laws and regulations. It is also important tonote that the 1945 Constitution has many principles that are similar to those contained inthe 1948 Universal Declaration of Human Rights.

As in many developing countries, Indonesia's culture and its ancient and well-developedcustoms have traditionally put high priority on the rights and interests of the community. This means that the interests of the majority often prevail over individual or groupinterests without, however, in any way harming the rights and interests of thoseindividuals and groups. Individual and group rights are always fully taken into account,based on the principle of "musyawarah-mufakat," which translates to deliberations toattain consensus and which is firmly embedded in the nation's sociopolitical system andunique form of democracy.

Is Indonesia willing to resolve the dispute with Portugal?

Although at the time of the last voting on the East Timor issue at the U.S. GeneralAssembly in 1982, Portugal was hardly in a position of strength on the issue, Indonesiaagreed to the appeal by the then-Secretary-General of the United Nations, Mr. Javier Perezde Cuellar, to start a dialogue with Portugal under his auspices. The purpose was to finda peaceful, comprehensive and internationally acceptable solution, under the generalmandate of the Secretary-General, through dialogue rather than through continuing steriledebate in the General Assembly.

Since 1983, we have been engaged in such a tripartite dialogue between Indonesia,Portugal, and the U.N. Secretary-General, under the mandate as referred to above and noton the basis of or pursuant to any specific General Assembly resolutions. This dialoguehas been, on the whole, a constructive one as it contributed to removing any earliermisunderstandings and to resolving many outstanding humanitarian issues

We also resumed discussions between the foreign ministers of Indonesia and Portugal,and the U.S. Secretary-General, in 1992 under the Secretary-General's auspices. Thepurpose of these discussions, of which two meetings, one in New York and one in Rome, havebeen held, is to strengthen the efforts to reach a solution that is peaceful,comprehensive and internationally acceptable. The next meeting is scheduled to take placein New York later this year. We are committed to the efforts of the Secretary General aslong as we believe they are being met with equal seriousness on the part of Portugal.

How does the Government of Indonesia respond to allegations of human rights groups anda group of U.S. leaders about human rights violations in East Timor?

The Government of Indonesia is well aware of the concern of a number of countriesregarding the conduct of human rights in East Timor. While we believe much of the concernis without foundation, we do accept that there have been incidents that run contrary toour commitment to the universal validity of basic human rights and fundamental freedoms.When we have been made aware of such incidents, such as the well-publicized tragedy inDili in November 1991, we have acted swiftly to correct them and to bring to justice thoseindividuals, be they civilians or military officials, who are responsible for theincident.

It is our belief that many of the unsubstantiated charges regarding human rights abusesin East Timor are being disseminated by representatives of the Government of Portugal orby organizations receiving the support of that government. Portugal's motivation in thisregard stems from its profound sense of guilt in abandoning a colony it had held forhundreds of years.

It is very troubling to have the former colonial power supporting the condemnation of acountry that has brought peace and stability to a region that was neglected for centuries. The Government of Portugal relinquished its responsibilities for the administration ofEast Timor in 1975 when its accredited representatives abandoned the territory and left avacuum (and weapons and ammunition) which fueled a civil war that has been the source of agreat deal of death and destruction.

History will show that the very foundation of Indonesia was built on a search forfreedom and justice and that the commitment of the Government to ensuring rights for allhas brought these basic human rights to all of the country's more than 186 million people. This is something the people of East Timor did not have under Portuguese colonial rule andonly gained as peace and stability have replaced civil war in this important part ofIndonesia.

What are the facts surrounding the trial of Xanana Gusmao?

On May 21, 1993, the District Court of Dili, East Timor, Indonesia found Mr. Xanana Gusmao, leader of the East Timor resistance group, FRETILIN, guilty of violations of the following articles of the Indonesian Penal Code: Article 106 (commission of an act to overthrow the Government); Article 108 (rebellion against the Government); Article 110 (conspiracy in activities under Articles 106 & 108); and law number 12 of 1951 (illegal possession of firearms). For these offenses the defendant was sentenced to life imprisonment. Mr. Gusmao elected to bypass his right to appeal the verdict to a higher court and instead, filed an appeal for presidential clemency in the Dili District Court on June 4, 1993. He is awaiting the President's decision on his request for clemency. The trial was conducted in accordance with the laws and regulations of Indonesia and Mr. Gusmao was accorded due process of law. He was assisted by his choice of accredited legal counsel and interpreters. The defendant's written statement of defense was accepted as a valid statement and documented by the court. The trial was open to the public and attended by members of the international press and diplomatic community. The trial was attended by the International Commission of Jurists, Asia Watch and by a representative of the United Nations Secretary-General. The trial was also attended by members of the defendant's family.