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Subject: CAVR/CTF FOLLOW-UP INSTITUTION: PROGRESS REPORT
CAVR/CTF FOLLOW-UP INSTITUTION: PROGRESS REPORT
18 December 2009
1. Background
On 14 December 2009, the Timor-Leste National Parliament debated
a Resolution on the implementation of
recommendations from the CAVR and CTF reports. The debate came 4
years and 16 days after the CAVR report was delivered to the Parliament
on 28 November 2005. The Parliament's initiative was led by the
President of the Parliament, Fernando de Araujo, and owed much to the
work of individual MPs, civil society, UNMIT and the National Consensus
Dialogue on Truth, Justice and Reconciliation.
2. Parliamentary Resolution and debate
In its preamble, the Resolution (34/11) acknowledged the work and
reports of the two commissions, the need to recognise, honour and
alleviate the suffering of victims through just reparations and the
necessity of implementing the two sets of recommendations. In its
operative section, the Resolution asked the Parliament?s Committee A to
prepare draft legislation comprising concrete measures to implement the
recommendations and the creation of an autonomous body for that purpose.
The Parliament requested that this draft legislation be completed within
3 months (i.e. by the middle of March 2010 at the latest). It also
called for the publication of the CAVR Executive Summary and the CTF
reports.
All MPs present warmly acknowledged the two reports, strongly endorsed
the need and urgency to establish a mechanism to implement the
recommendations and voted to refer the framing of legislation to
Committee A. The majority, however, preferred that the implementing
mechanism be located within the Government not autonomous.
3. Analysis
The media have misreported the debate. The Parliament did not debate
or adopt the CAVR or CTF reports. The debate focussed only on a
follow-up mechanism to implement recommendations. It is not known if the
Parliament will discuss the substance and findings of the CAVR and CTF
reports.
The Resolution expresses the mind of those MPs who were present in the
chamber for the debate (at least 20 were absent) but does not have the
force of law. The status of the new body, its terms of reference and
which recommendations it will address from CAVR/CTF will be debated
further in Committee A and determined when the Parliament debates the
draft legislation prepared by Committee A.
The Resolution indicates that the Parliament favours the idea of a
reparations program for victims and that recommendations common to both
the CAVR and CTF reports should be jointly implemented by one body.
The reference in the Resolution to the publication of the two reports is
a formality. Both reports have already been published and disseminated
widely.
During and since the debate one or two MPs have expressed concerns that
following-up the two reports will ?re-open old wounds and create
conflict?. In response, it should be emphasised that this is not the
intention of the process. The intention is to heal not hurt. Problems
are more likely to occur if nothing is done. Second, it should be
recalled that similar fears were expressed in 2000-2001 about CAVR.
However, the CAVR process (which involved bringing victims and
perpetrators together and graphic public testimony by victims about the
violations they suffered) never triggered violence. On the contrary it
contributed to stability and healing.
Some have suggested that it is the Government's responsibility to
implement the Recommendations because, in CAVR's case, the Regulation
required CAVR to direct its recommendations to the Government. This is
not so. CAVR recommendations are directed to a range of institutions. It
is the responsibility of the Parliament to decide how the various
recommendations are acted on.
4. Other matters
In its recent budget deliberations, the Parliament voted a
contingency sum of US$250,000 for the new institution. This fund will be
held in a reserve account by the Ministry of Finance until the new body
is established. This is further evidence of the Parliament and
Government?s support for the new body.
The Parliament's plan to establish a follow-up mechanism means that the
Post-CAVR Technical Secretariat will wind up in the first part of 2010.
Some Governments and other recipients of the CAVR report have stated
that they should not respond to its contents until the Timor-Leste
Parliament has done so. The Parliament's initiative this week has now
opened the way for long overdue international discussion of Chega! and
implementation of its relevant recommendations.
Prior to the debate, local NGOs presented hundreds of signed petitions
to the Parliament urging it to urgently act on the implementation of the
CAVR report. The majority of the petitions were signed by Timorese from
all parts of Timor-Leste. Citizens from 23 other countries, including
Indonesia, also endorsed the petition.
The Post-CAVR Technical Secretariat is organising a public information
program early 2010 to explain and consult about developments regarding
the two reports to key stakeholders, including Government Ministries,
victims groups, civil society, and the international community. This
program will be undertaken with the support of the European Commission
(EC). A report on the program will be provided to Committee A.
Copies of the Resolution adopted by the Parliament are available in
Portuguese and English on request.
Pat Walsh
Senior Advisor, Post-CAVR Technical Secretariat, Dili.
Email: padiwalsh@gmail.com Tel (+670) 726 8423
Follow-up institution progress report 18 Dec 09
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