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PROMOTING HUMAN RIGHTS, PEACE AND DEMOCRACY IN INDONESIA

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58th Session of the Commission on Human Rights (Geneva, 18 March-26 April 2002)

AGENDA ITEM 9

CHAIRPERSON’S STATEMENT

SITUATION OF HUMAN RIGHTS IN EAST TIMOR

19 April 2002

  1. The Commission recalls the Chairperson’s Statement on the situation in East Timor issued at previous sessions, which were the result of constructive discussions, in particular, the statement at its fifty-seventh session, and takes note of the report of the High Commissioner for Human Rights to the Commission on Human Rights on the situation of human rights in East Timor in its 58th session (E/CN.4/2002/39), the report of the High Commissioner for Human Rights to the General Assembly (A/56/337), the reports of the Secretary General to the Security Council (S/2001/983 and Corrig. 1; S/2002/80) and the Statements of the President of the Security Council (S/PRST/2001/23; S/PRST/2001/32)

  2. The Commission acknowledges relevant Security Council and other United Nations resolutions on the situation on East Timor.

  3. The Commission expresses its acknowledgement to the Secretary General’s Special Representative in East Timor and to UNTAET, the UN Transition Administration in East Timor, for the work carried out in the transition to independence.

  4. The Commission warmly welcomes the forthcoming independence of East Timor and encourages the future East Timorese Government to continue to build on human rights achievements and in particular to sign and ratify international human rights treaties as soon as possible, including international conventions concerning refugees. The Commission welcomes that the new Constitution gives primacy to the protection of human rights and incorporates fundamental rights in line with the Universal Declaration of Human Rights. The Commission urges the future Government of East Timor to ensure that all legislation that will be adopted from the beginning if its mandate will be consistent with international human rights standards.

  5. The Commission emphasises that on the 1st November 2001 an East Timor Advisor on Gender Equality, dependent on the Prime Minister, started to perform her duties. The Commission assesses that the Advisor and her bureau have taken on the functions related to the UNTAET Gender Affairs Unit, being thus devoted to giving support to the formulation and implementation of official policies concerning the equality of men and women, designing strategies and methodologies in this regard and promoting co-ordination and co-operation in the central government and districts.
  6. The Commission welcomes the steps taken by the judicial system in East Timor concerning the indictment and judging of suspects accused of crimes against humanity and other serious crimes committed during the violence of 1999. It encourages further efforts in this regard and reiterates the need of continuing international assistance to the strengthening of the justice system in East Timor, in order to allow it to fully promote the protection of human rights, carrying on with the investigations and addressing also domestic violence and the protection of religious and ethnic minorities. It welcomes the establishment of the Reception, Truth and Reconciliation Commission, and emphasises, without prejudice to efforts to address impunity through judicial remedies, the relevance of the reconciliation process and the promotion and protection of human rights for the social and political stability in East Timor.
  7. The Commission recalls and reaffirms the Chairperson’s Statements on the situation of human rights in East Timor at previous sessions and in this connection welcomes the important steps taken by the Government of Indonesia to bring to justice the perpetrators of cases of gross human rights violations in East Timor in the period leading up to and immediately following the popular consultation held in August 1999, notably the establishment of and the commencement of the work of the ad hoc Human Rights Court. The commission recalls the commitment of the Government of Indonesia to bring to justice, in the context of respect for international standards of justice and fairness, those responsible for violations of human rights and humanitarian law in East Timor. The Commission encourages the Government of Indonesia to take further steps in the investigation of the murder of journalist Sander Thoenes and expresses the hope that the perpetrators of the murder be brought to trial.

  8. In this regard, it underlines the importance of bilateral international assistance, as well as of technical co-operation between the Government of Indonesia and the office of the High Commissioner for Human Rights, to enhance the capacity of the human rights courts. The Commission welcomes the agreement of UNTAET/East Timorese authorities and the Government of Indonesia to strengthen ongoing co-operation on judicial matters and reiterates the importance of such co-operation. It commends the efforts by the Government of Indonesia and the UN Office for the Coordination of Humanitarian Affairs to find an early durable and comprehensive solution to the question of East Timorese refugees in West Timor, East Nusa Tenggara Province, in particular through the Government of Indonesia-United Nations Joint Appeal launched on 27 November 2001, which refers, inter alia, to the ongoing voluntary repatriation programme.

  9. The Commission decides to keep these matters under consideration and requests the High Commissioner for Human Rights to submit an interim report to the General Assembly at its fifty-seventh session and to report to the Commission at its fifty-ninth session.

See also TAPOL/CIIR press release dated 22 April 2002

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