Hypocrisy over Fiji while East Timor atrocities are ignored

THE HYPOCRISY reeks. While Australia, NZ and the media went through the usual bleating about Fiji human rights violations, they remained silent about the ongoing struggle to gain justice for those Timorese who have suffered horrendous human rights violations for more than four decades. Alleged human rights violations in Fiji are a soft target - the tough target, the top Indonesian military commanders who have blood on their hands for their colonial adventure in East Timor, remain free with inpunity. Timor-Leste's Truth Commission appeals for an international tribunal and a "commission for disappeared persons" still remain an unlikely dream.

In spite of this climate of international indifference and a "bury the hatchet" approach of appeasement by the current Timorese leadership towards Jakarta, the release from jail of the notorious militia leader Martenus Bere has shocked many human rights advocacy groups. Calls have been made for the indictment of those in government who were responsible for his extra-judicial release and the buck apparently rests with the Prime Minister Xanana Gusmão.

The recent release of the Bob Connolly feature film Balibo, about the murders of the Balibo Five - Australian-based newsmen murdered in the border township of Balibo in 1975, has fuelled calls for justice. A sixth journalist, Paul East, who went to East Timor to investigate the killings was himself executed by the invading Indonesian forces.

According to ETAN, in February 2003, the United Nations-backed Serious Crimes Unit indicted Martenus Bere and other members of the pro-Jakarta Laksaur militia for crimes against humanity including murder, rape, torture, enforced disappearances and more. Bere and other Laksaur militia and Indonesian military officers were accused of carrying out the Suai Church massacre on 6 September 1999, killing more than 30 unarmed people and three priests, including Indonesian priest Dewanto.

Bere was arrested in Suai early last month by the Timor-Leste National Police. Until then, he and more than 300 others indicted by the Serious Crimes Unit had lived openly in Indonesia, which has refused to cooperate with any international justice mechanism related to crimes committed in Timor-Leste. An East Timorese judge ordered him held for trial.

However, on August 30 he was released into the custody of the Indonesian ambassador on orders of Gusmão and Justice Minister Lucia Lobato. Bere is believed to still be in Timor-Leste. This is a joint protest statement issued by 11 Indonesian and Timorese human rights groups:

CALL FOR JUSTICE ON EAST TIMOR PAST MASS ATROCITIES

Joint Statement on the Release of Martenus Bere – Indicted for Crimes Against Humanity in Timor-Leste

For the past ten years the disinterest of the international community and active efforts by Indonesia have blocked efforts to end impunity for serious crimes committed during the Indonesian occupation of Timor-Leste. Ignoring the pleas of the East Timorese people, the Timor-Leste leadership continues to dismiss their calls for justice and an end to impunity.

We were deeply distressed by the 30 August speech of Timor-Leste President José Ramos-Horta and the actions of the governments of Indonesia and Timor-Leste which led to the release of indicted militia leader Martenus Bere. His extra-judicial release violated international law and treaties and undermined the rule of law and the Constitution of Timor-Leste.

We firmly disagree with President Ramos-Horta that the pursuit of justice is “simplistic".

We disagree that it is necessary to try everyone who committed crimes between 1974 and 1999, or to try no one. Those who gave the orders must be held accountable before a credible court. We believe the pursuit of justice and accountability for crimes against humanity and war crimes committed during the occupation of Timor-Leste will build democracy and respect for the rule of law in both countries and reconciliation between the two nations. Until there is justice, neither country can “put the past behind.” We add our voices to those in Timor-Leste and elsewhere calling for an International Tribunal for Timor-Leste.

We recognise that victims of human rights violations in Indonesia and Timor-Leste have much in common, including a desire to see those most responsible for their suffering brought to justice. We fully support the conclusions of the recently completed victims’ congress in Dili and
will work on joint campaigns against impunity and for reparations.

• We urge the international community and Indonesia to respond to the recommendations included in the CAVR report released by Timor-Leste’s truth commission, including its call for an international tribunal.
  
  
• Countries should not arm or train the Indonesian military until it has been shown to be accountable for past human rights crimes.
  
  
• We urge the Indonesian government to fully implement the recommendations directed to it by the CAVR, starting with formally acknowledging receipt of its report and discussing it in the Indonesian Parliament.
  
  
• The Indonesian government together with Timor-Leste should fully implement the recommendations of the Commission on Truth and Friendship (CTF), especially the one calling for a Commission for Disappeared Persons to gather data and provide information.

Jakarta, 12 September 2009

Asmara Nababan – Koordinator, KKPK (Indonesian Working Group on Truth Recovery)
Galuh Wandita – ICTJ JKT (International Center for Transitional Justice)
Rafendi Djamin – HRWG (Human Rights Working Group)
Usman Hamid – KontraS (Commission on the Disappeared and Victims of Violence)
Miryam Nainggolan – KKPK
Garda Sembiring – PEC (People Empowerment Consortium)
Mugiyanto – Ikohi (Indonesian Association of the Families of the Disappeared)
Hilmar Farid – JKB (Network of Cultural Works)
Rusdi Marpaung – Imparsial (Indonesian Human Rights Monitor)
Dedi Ali Ahmad – PBHI Nasional (Indonesian Legal and Human Rights Association)
John M. Miller – ETAN (East Timor and Indonesia Action Network)

During President Ramos-Horta’s speech at the commemoration of the August 30 referendum, he said: “Let’s put the past behind. There will be no International Tribunal.” Inexplicably, he
continued that “I beg to disagree with their simplistic assertion that the absence of prosecutorial justice fosters impunity and violence.” He also said “We will not replace the Indonesians in their own fight for democracy, human rights and justice.”

Last week, President Horta took the unusual step of awarding a Timorese journalist and his newspaper a medal for "courageous journalism" following a recent similar award to Australia's SBS for its contribution to diversity broadcasting. Horta decorated José Belo and Tempo Semanal, which ironically have been a thorn in the side of the current Timorese government with persistent allegations of corruption. They are currently being sued for defamation by the Justice Minister.

Café Pacific congratulates José Belo and his team for their contribution to a free press in Timor-Leste.

• Background on the Martenus Bere case at La'o Hamutuk
• More background on the Dili Insider

Timorese PM under fire in food contract scandal

By Matt Crook in Dili

PRESSURE to resign is mounting on East Timor's Prime Minster, Xanana Gusmão, amid claims that he misused authority when he signed-off on a multimillion dollar government contract last year to a company his daughter has ties with.

Fernanda Borges, leader of the opposition National Unity Party, has demanded that Gusmão be held accountable for his role in the awarding of a contract to import subsidised rice worth US$3.5 million* to Prima Food, a company his daughter Zenilda Gusmão owns a stake in.

"Did Zenilda Gusmão have a business before her father became important? No. Does Zenilda Gusmão have the right to a government contract? No," she said. "That's not why Mr Gusmão was elected."

Under East Timorese parliamentary law, the prime minister is required to sign off on all government contracts above $1 million, and government tenders cannot be awarded to companies in which close family members of government officials, including the prime minister, have a stake exceeding 10 percent.

Money for the rice contract came from the country's Economic Stabilisation Fund, which functions partly to ensure food prices are kept under control. The opposition is raising questions about whether the rice in question was even imported.

"Did the rice come in? Where is the rice? People out in the districts, a lot of them have not received any rice or had the opportunity of buying cheap rice from the government. So where did all that rice go or did it ever come in? We don't have proof," Borges said.

But the government refutes the allegation.

Deputy Prime Minister Mario Carrascalao says the contract being signed off may have simply been an oversight.

"OK, he signed that without going through and examining it," he said. "[The government] distributed money to [16] enterprises. In one of those enterprises there is the daughter of the prime minister, but she is not alone. The enterprise called Prima Food is not just her enterprise. She is one of the associated members, so I don't think the prime minister did anything wrong when he signed it."

Backing for PM
The prime minister also has the backing of the East Timorese President José Ramos-Horta.

"Just because someone became president, became prime minister, became a minister, does not mean his family all have to go into unemployment, all have to sell their business and stop," he told Radio Australia.

However, the opposition isn't buying the explanation.

"My worry is if he stays and he thinks that, especially with all this denial and weird interpretation of our Constitution and existing laws, that [the government] can give families contracts," Borges said. "What are we building here? A state for [their] families?"

Arsenio Bano, an opposition MP from the Fretilin party, demands that the prime minister step down.

"The rice contract is one of the biggest scandals. It is demonstrating nepotism. We will keep pushing for [Xanana Gusmão] to be accountable and even to resign as prime minister," he said.

"He can't sign under the law a contract with a company that his own daughter is in."

East Timor became independent in 2002 three years after an overwhelming majority of the population voted in favour of separation from Indonesia after a brutal 24-year occupation. If opposition protests grow louder, this scandal could pose a real threat to the stability of this new democracy.

But Christopher Samson, a campaigner from Lalenok Ba Ema Hotu, a Dili-based anti-corruption watchdog, cautions that it is a bit too early to jump to conclusions.

"[The] law did not say that families of ministers or the prime minister or members of government should not participate in business," he said. "I feel there should be an investigation before we speak about this process."

Matt Crook is a correspondent of the Inter Press Service (IPS). Image source: Timor Lorosae News

* East Timor's currency is US dollars.

• Resign calls mount in East Timor
• Charges fly over corruption in East Timor

Resign calls mount in East Timor over corruption allegations against Gusmão

CALLS ARE mounting for East Timorese resistance hero and founding president Xanana Gusmão to resign as prime minister amid fresh allegations of corruption, this time involving a lucrative contract with his daughter Zenilda as a beneficiary. The Sydney Morning Herald’s Jakarta correspondent, Tom Allard, reports that if these latest allegations are proven, they could be a major problem for Gusmão, "who has staked his reputation on cleaning up East Timor’s bureaucracy and its tender system”.

The SMH cited a a spokeswoman for the Australian Department of Foreign Affairs and Trade saying the Canberra government “took allegations of corruption seriously and was working closely with the East Timorese government to increase accountability”. The unnamed spokeswoman said the Australian aid programme to Timor-Leste was carefully monitored to “prevent and detect fraud”. The Fretilin oppositionhas spearheaded these allegations and is already channelling protests. According to Allard, citing documents obtained by Fretilin:

Mr Gusmão awarded a $US3.5 million ($4.4 million) contract for rice imports to Prima Foods, a company Fretilin says is partly owned by his daughter, Zenilda. The contract was awarded under a $US45 million government program to import basic foodstuffs.

The allegations first surfaced in stories by Radio Australia reporters Steve Holland and Stephanie March, who reported yesterday:

Zenilda Gusmão, the prime minister's daughter, is listed as a Prima Food shareholder in East Timor's 2008 business registry.

Radio Australia has also confirmed that the wife of another senior minister has profited from government tenders.

The country's procurement law bans "agents of the administration", politicians and bureaucrats from awarding government contracts to businesses associated with close family members.

The deputy leader of the opposition Fretilin party, Arsenio Bano, alleges it is a blatant example of corruption in the Prime Minister's Office and called for the Prime Minister's resignation.

"It's absolutely a strong indication of corruption, he has violated Timor Law, and before it goes to the courts the prime minister should resign," Mr Bano said.

Gusmão was unavailable for comment. The Prime Minister's daughter, Zenilda Gusmão, declined to comment.

However, a spokeswoman for the government confirmed to Radio Australia that Zenilda Gusmão was a shareholder of Prima Food.

President José Ramos Horta has distanced himself from a scandal, involving the country's Prime Minister. He says it is not his business to intervene.

The Gusmão coalition government has faced persistent corruption allegations.

The administration awarded a $US400 million contract to a Chinese Government-owned company to build two powerplants without calling for open tenders. Under the deal,
East Timor will import expensive and highly polluting heavy oil, even though it is rich in natural gas.

The husband of the Justice Minister, Lucia Lobato, was reportedly awarded a lucrative contract to rebuild a prison and supply uniforms for guards. Lobato, who is responsible for the prison system, is suing the journalist who broke the story.

Picture of Xanana Gusmão - Repúblika Banana.

• Minister's legal pressure on journalist whistleblower
• Corruption charge levelled against Gusmão
• Gusmão faces corruption charges
• Corruption scandal “not my business’, says Ramos-Horta
• Timor-Leste's tenders system

US spotlight on East Timorese human rights

UNSURPRISINGLY, public safety and security have come under fire in Timor-Leste with the latest US State Department report on human rights. While acknowledging the "free and fair" elections in mid-2007, the report details the attempted assassination of President José Ramos-Horta in February 2008 and "serious problems" over "discipline and accountability" during the past year. These problems include:

• Police use of excessive force and abuse of authority
• Perception of impunity
• Arbitrary arrest and detention
• An inefficient and understaffed judiciary that deprived citizens of due process and an expeditious and fair trial
• Conditions in camps for internally displaced persons (IDPs) that endangered health, security,
• education, and women's and children's rights.
• Domestic violence, rape and sexual abuse.

The report briefly sums up the events of last February thus:

In an exchange of gunfire with armed rebels on February 11, President Ramos-Horta was wounded seriously and PM Kay Rala Xanana Gusmão was unhurt. As provided for in the constitution, the government imposed a state of emergency from February through May. International security forces in the country included the UN Police (UNPOL) within the UN Integrated Mission in Timor-Leste (UNMIT) and the International Stabilisation Force (ISF), neither of which was under the direct control of the government. The national security forces are the National Police (PNTL) and Defence Forces (F-FDTL). While the government generally maintained control over these forces, there were problems with discipline and accountability.

The report says there were "no politically motivated killings during the year".

However, on February 11, F-FDTL guards shot and killed Major Alfredo Reinado and one of his followers when a band of rebels led by Reinado gained entry to the presidential compound; President Ramos-Horta was severely wounded. A separate group of Reinado's followers attacked the convoy of PM Xanana Gusmão. Gusmão was unhurt. The government formed a joint PNTL/F-FDTL command to apprehend the attackers, and Parliament declared a state of siege that imposed a curfew, relaxed legal requirements for searches and arrests, and restricted demonstrations. The application of the state of siege was modified as a state of emergency and extended on several occasions until Reinado's second in command, Lieutenant Gastao Salsinha, and 11 others surrendered to the authorities on April 29.

Other incidents cited by the report included:

• On April 5, in Bobonaro District, an F-FDTL member shot and killed a civilian who reportedly threatened the F-FDTL member with a machete. The authorities investigated the case and forwarded it to the prosecutor general for further action.
• Legal proceedings were ongoing against Luis da Silva, an off duty officer accused of shooting a member of then candidate Xanana Gusmao's security detail at a political rally in Viqueque in June 2007.
• There were no developments in the inquiry into the August 2007 case of a PNTL unit firing into a crowd in Viqueque, killing two.
• The four F-FDTL soldiers sentenced to 12 years, 11 years, and 10 years for the 2006 killing of eight unarmed PNTL personnel were serving their sentences at the military prison at F-FDTL headquarters in Dili. A local human rights nongovernmental organisation (NGO) and government contacts expressed concern that there was no civilian oversight of the prison.

The report also says there were no developments in the following 2006 cases:

• The January killing of three men by Border Patrol Unit personnel.
• The May mob killing of a police officer in Ermera District; and
• The May killing of six people in a house set on fire by a mob.

Investigations into other cases stemming from the April-May 2006 violence continued. Some individuals identified for investigation in the 2006 UN Commission of Inquiry Report were subpoenaed to testify regarding their role in illegal arms distribution.

In May, 2008 President Ramos-Horta granted pardons to a number of persons including former interior minister Rogerio Lobato sentenced for illegally distributing weapons during the 2006 violence and Joni Marques, a pro-Indonesia militia leader, sentenced for multiple killings in 1999.

• US State Department Human Rights Report on Timor-Leste, 25 Feb 2009

Timor journo protests against UN 'intimidation'

Leading Timorese photojournalist Jose Belo, a stringer for Australia's SBS Dateline and director of Tempo Semanál Weekly, is fed up with the intimidation and harassment from UN authorities in Dili. He doesn't believe it's the brief of UNMIT to heavy journos and try to extract information from them with jail threats and suchlike. In fact, he is so annoyed that he has sent a protest letter to UNMIT with copies to President Jose Ramos Horta, PM Xanana Gusmão, a bunch of parliamentary and judicial heavyweights, journalist colleagues in East Timor and the media freedom groups Committee to Protect Journalists (New York) and Reporters Sans Frontières (Paris). According to his letter, quoted by Pacific Media Watch at the weekend:
On April 18, 2008, I was approached by United Nations police investigators who said they wanted to interview me in relation to stories I have worked on involving the rebel leaders Major Alfredo Reinado and Lieutenant Gastao Salsinha.
They asked me to sign a document agreeing to be a witness in the ongoing investigations into February 11th attack [on President Horta]. I declined to sign the document and was told if I did not appear for an interview at 9.30am on April 22nd 2008, an arrest warrant would be issued.
Jose said the UN investigators wanted to ask him about an exchange of fire involving Reinado at Fatuahi in 2006, which he had filmed for Dateline, and also a phone interview with Salsinha from the previous week, also for Dateline. Reinado was killed in the February attacks against President Horta and Prime Minister Gusmão.
That work is already in the public [domain]. I refer the investigators to those programmes for all the information they need. I did attend the police station at the appointed time, with lawyers - to comply with the Timor-Leste laws and follow the rules of journalism.
My fear was that they wished to seize my phone contacts and my film archives and interrogate me about my sources.
Belo decided to attend the interview but ... it really
upset me because my personal feeling was that it was a kind of pressure or intimidation [on] the press.
And it makes me start to think that East Timor’s media should not be intimidated by UN-endorsed threats of arrest or possible jail for failing to disclose information.
The UN should be a model for human rights. It should not attempt to violate media freedoms.
I was one journalist. The investigation team was many. I should not have to do their jobs for them.
Pictured: A protest banner in Dili against UNMIT on World Media Freedom Day (May 3) - "UN: You can kill a newsman, but you can't kill the news"

• Ramos Horta and the Timor rumour mill
• Plot thickens as leader of alleged 'coup' attempt surrenders
• Interview with Democracy.Now's Amy Goodman
• Full text of protest letter
• Pacific Media Watch
  

Timor on edge after failed double assassination attempt

A state of emergency has been declared in East Timor as authorities try to work out whether yesterday's assassination attempt on the Prime Minister and President was the work of a few or many. As ABC's AM reports: President Jose Ramos-Horta is still gravely ill in Royal Darwin Hospital after being shot three times by a group of heavily armed men. The Prime Minister, Xanana Gusmao, was luckier. He managed to escape unhurt when more gunmen opened fire on his motorcade.

• Ramos-Horta remains in serious condition - ABC AM transcript
• Timor's prayers for president

Assassination attempts jeopardise Timorese peace efforts

Australia now rues the botched bid to arrest renegade Major Alfredo Reinado in a violent raid on his mountain hideout last year that saw five of the rebel's men killed. According to The Age, Australian and other forces (including from New Zealand) are bracing for possible reprisal attacks following the death of Reinado, who had been charged with murder. He was shot in return fire when gunmen led by Reinado wounded President Jose Ramos-Horta in a dawn assassination attempt. Ramos-Horta had last year waived an arrest warrant for Reinado, deciding instead to seek talks and a peaceful resolution. But meaningful negotiations never eventuated. While Dili is reported to be calm, the attack jeopardises the efforts to normalise the country. The Age's account:

East Timor has been plunged into a new crisis by failed assassination attempts on its two top leaders and the killing of a rebel military leader.
East Timor President Jose Ramos-Horta was shot and wounded in a dawn attack on his Dili home by gunmen led by rebel soldier Major Alfredo Reinado, who was killed in return fire, the government said.
A presidential guard was injured.
Timorese Foreign Minister Zacarias da Costa said Ramos-Horta had undergone exploratory surgery at the Australian military hospital in Dili. Da Costa described the president's condition as "stable".
"He underwent surgery to locate bullets. One had hit him in the back and passed through to the stomach," he said.
It is understood Ramos-Horta will be flown to Darwin for further treatment. Royal Darwin Hospital is on standby.
"He will survive, and this country will survive", said Deputy Prime Minister Jose Luis Guterres. Ninety minutes after the first attack, Prime Minister Xanana Gusmao escaped unhurt when his car was ambushed and shot at as he drove to his offices to deal with the crisis.
Gusmao's home was also attacked, bodyguards said.
Pictured: A election poster during last year's election campaign that swept Ramos-Horta to the presidency.

• East Timor's top leaders survive 'coup'
• Rudd pledged more troops for East Timor
• Fretilin questions security breach
• NZ troops put on standby for East Timor
• NZ troops guard East Timor leaders' homes
• MP accuses diggers over Reinado fracas
  

Regime change in Timor ... and the rioting starts

So the inevitable has happened. Australian-backed regime change has entered its final act. Resistance hero Xanana Gusmao, but a divisive figure when still president of Timor-Leste during last year's clashes, has finally been named prime minister of a coalition government, ousting the Fretilin government that had led the country into independence. Gusmao refused Fretilin's proposal for a "government of national unity" headed by an independent PM. So the stage was set for bitter responses from the internal refugee camps and disaffected youth to President Jose Ramos Horta's announcement on Monday that Gusmao would lead the next government, a coalition of major parties, after five weeks of negotiations following the recent parliamentary elections. Sporadic rioting has begun.
Fretilin - which won the most votes in the election but which fell short of the majority needed to rule - has denounced the decision, declaring the new government is illegal. It has boycotted Parliament since last week. Fretilin has declared it will not cooperate with a government that is "unconstitutional". (Pictured: Election street graffiti - Asia Pacific Network).

• Australia's interests
• Growing pains in Timor-Leste - David Robie
• Final NZ report on the Timorese media
• Gusmao sworn is as East Timor PM