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Subject: 'I fear Indonesia will make the
same mistakes'
The Jakarta Post Friday, September 16, 2005
'I fear Indonesia will make the same mistakes'
The country's truth and reconciliation commission is yet to begin working as
its candidates are still being screened. A three-day conference on the
subject ended on Wednesday; among the speakers was Howard Varney, advocate
of the High Court of South Africa who also has experience in Sierra Leone
and East Timor. He spoke to The Jakarta Post's Ridwan M. Sijabat and Ati
Nurbaiti. Excerpts follow:
Question: What are crucial requisites to reconciliation?
Answer: No single truth and reconciliation commission has been able to reach
true reconciliation. All have had to concede that it is a process, not only
at the community level but also at individual levels.
Some have put preconditions on reconciliation; disappointingly there were
preconditions like forgiveness in the Indonesian law (on the truth and
reconciliation commission).
Others say that the full truth should come before reconciliation; others say
reparation should come before reconciliation, while others even say that
full justice should be reached before reconciliation.
It's true that reconciliation cannot be generalized across countries; it's
country and culture specific. In Sierra Leone we have had different
applications but there were certain principals.
But it's up to people to come up with initiatives, it cannot be left to the
leaders.
We were careful in Sierra Leone not to put preconditions; we did only in the
beginning but not toward the end because we realized there would not be full
reparations or full justice; such preconditions would mean condemning Sierra
Leone never to have reconciliation, denying local, traditional and many
successful initiatives.
What should be done to make the truth and reconciliation commission
effective?
We should indeed highlight the "success" of other commissions but it is more
important to learn from their mistakes and failures.
Indonesia more or less has adopted the South African model, so it is
particularly crucial to refer to where South Africa fell short. But I don't
think this was highlighted enough.
One problem is the truth and amnesty formula; we invented it. But it is only
effective with a credible and serious criminal justice response.
Prosecution failed against some perpetrators in South Africa, which
undermined the very agreement for truth and amnesty and betrayed the trust
of victims.
In many cases amnesty (has) sacrificed the rights of victims to life, to
dignity and the right to settlement in court.
Here I fear Indonesia may make the same mistakes. I hope there is serious
prosecution and not a repetition of the ad hoc (human rights) court (which
acquitted several high ranking officers in the East Timor case) which has
undermined the judicial process here. If not Indonesia should consider
abandoning the (provision of) amnesty.
Those experienced with these commissions say expectations should not be too
high; what would be a more realistic expectation?
Many victims will want the truth of what happened to their loved ones and
who were behind the atrocities. Sadly the commission may not be able to help
them in all of the cases.
But the commission (should) at least put down the essential story of what
happened in the years of oppression, at least to put a version of history
that is a representation of the testimonies that have been put to them.
And where it is appropriate, to assign responsibility on organizations, the
government and even key individuals behind the commitment of widespread
atrocities.
Could you share your view of the Truth and Friendship Commission of
Indonesia and East Timor?
It seems that it is a bilateral and political exercise to cement
relationships between the two countries.
That is not a bad objective but I have some reservations regarding whether
such an exercise can get to the bottom of what went down in East Timor;
because in a sense the name gives away the key objective to pursue
friendship at all costs.
There's already been a truth and reconciliation commission in East Timor; in
the near future it will publish its reports, and that commission was
recognized internationally.
I would have thought that East Timor and Indonesia should have waited before
the reports were published before assessing the need of a new commission
highlighting the very same subject.
I'm also concerned that the fact that the commission makes provision for
amnesty will appear to fly in the face of earlier initiatives such as the
Serious Crimes Unit (at the Dili court) tasked to persecute serious crimes
in East Timor.
It also appears to fly in the face of the recommendation of the United
Nations panel of experts (which visited East Timor) calling for the delivery
of justice of those who were responsible for atrocities.
Since 1999 the two nations have already established relations and
friendship. So is the commission really to establish friendship, or is it to
replace other attempts to bring justice?
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