DISCUSSING THE “INVOLUNTARY DISAPPEARANCES”
OF THE PEOPLE OF EAST LOROSAÈ BY THE INDONESIAN REGIME

By: Commisaò Dos Direitos Humanos de Timor Larosaè
(East Timor Human Rights Commission)

Background

The struggle for independence anywhere in the world brings forth victims who present complaints of human rights abuses. The experience of the Maubere people (better known as the people of Timor Larosaè) in their struggle for freedom from Indonesian colonialism, spanning approximately a quarter of a century is no different.

The world saw clearly how colonialist Indonesia invaded the island in December of 1975 and how it deprived the people of their human rights for 24 years. As a result of the above-mentioned invasion, the area of Timor Larosaè automatically became a part of colonized Indonesia. The strength of colonialist Indonesia became even stronger in the land of Larosaè with the establishment of a military state, with the Indonesian military as “controllers.” The dual function of ABRI (Angkatan Bersanjata Republik Indonesia/Armed Forces of the Republic of Indonesia) represented a military ideology that was ultimate and which created a life of negativity for civil society. The dual function became a legitimizing factor for the military to implement very repressive policies which eliminated the freedom of the Timor Larosaè people to live a wholly humane existence. The violent actions of the Indonesian military also became an integrated part of the community. Ironically, even now, the community sees violence as a normal occurrence even in freedom.

At the same time, the other side of the repressive policies was the refusal of colonialist Indonesia to acknowledge the basic rights of the Timor Larosaè people—rights which are supposed to be a reality in the freedom movement (e.g. the right to have an organization, the right to assembly, freedom of expression, right to life and freedom of the press). The law, which should be a protector of the community’s rights, became a tool of the military and became an instrument of state repression. The law, which was born and developed within civil society, was deplorably used to suppress the rights and freedom of its members. This problem was also supported by a highly partisan court system and a weak government as well as, which was under the control of the military.
 

There was only one reason for the colonialist Indonesian government to create a repressive system in Timor Larosaè: the strong resistance to the military invasion of 1975. This repressive apparatus was a product of the military, and in practice became even more consuming when the Indonesian military used a strategy of murder, containment, torture and rape, interpreting the pro-independence movement as a security problem (Gerakan Pengacau Keamanan), and even using involuntary disappearances to weaken society’s resistance and ensure the status quo over the land of Timor Larosaè and everything in it.

More specifically on involuntary disappearances, the Indonesian military used the following patterns and operations:

• Through intelijen (intelligence) operations—Better known as “sweeping” which was carried out with the use of masks (commonly known as ninja operations) on the civilian population. In general, this operation was done on someone accused of being a supporter of the independence movement by kidnapping the accused.
   
• Arrests without legal procedures of those who were active during gatherings/meetings and demonstrations and who were suspected of being pro-independence—These arrests were followed by torture during the investigations. There are thousands of cases proving that several victims never returned to their families after their arrests.
   
• Carrying out policies and/or regulations which curtail the growth of civil society and emasculate resistance to Indonesian colonialism (e.g. prohibition to freely gather and organize and censorship of the press).
   
• Summons of a specific nature by the police or military for critical members of the community and who subsequently did not return.
   
• Dismissing the freedom movement as a security hazard (GPK) which had the effect of dividing the strength of the people.
   
• Mass murders carried out by ABRI—The most obvious examples were the Santa Cruz Massacre on November 12, 1991 and the militia rampage after the 1999 referendum. About 272 people had either been killed or were reported missing as a result of these events, while the Indonesian government noted only 13 deaths.
   
• The creation of armed community groups whose role and function were no different from the military (i.e. the militias)—These were created a year ago to “raze the earth” after the people won in the referendum. The proof is that the militia and the Indonesian military used the same work pattern in response to the referendum victory (e.g. mass murders, physical and psychological intimidation, involuntary disappearance regardless of age or sex).
   

Livelihood of the Families of Victims of Human Rights Violations

The people of Timor Larosaè have become very accustomed to the series of murders, kidnappings, arrests, and involuntary disappearances done by the Indonesian colonial regime. The main problem is the lack of social understanding that these aberrations were spawned by authoritarian government policies. This happens because there is an uneven strength between the state and civil society. This imbalance denies the community of participation in the formulation of political policies. This happens because the role of government is too strong and that of the community is too weak. Society would have to understand that authoritarian governments exist because there is no democratic space for social expression.

One way to empower society is to strengthen the people’s right to self-organization. The initial target would be the families of the disappeared followed by the community in general. This agenda can be achieved by identifying key actors for the anti-involuntary disappearance movement so that they can understand where complaints and other legal matters can be directed to.

Exactly three months ago, on 30 August 2000, the Association of Families of Missing People (AKKOH) was formed in Dili. Through this organization, the families of missing people attempted to understand the structural problems concerning the disappearance of their family members, prepared charges against the main offenders, developed solidarity and integrated their legal campaigns with other cases of human rights abuses in East Timor.

Obstacles

Last year’s referendum created the following legal and political consequences concerning the charges of the families of the victims of enforced disappearance.

First, was the difficulty of sustaining the campaign due to the family’s loss of interest and their acceptance of their relatives’ fate.

Second, too many issues have surfaced after the referendum, which have weakened the campaign of AKKOH. One of this is the issue of reconciliation, which is being discussed more often by leaders and community members who have a clear understanding of the problem. The issue of reconciliation is really affecting the Timor Larosaè people’s previous charges which are brought before an International Court that is independent and transparent in the face of human rights abuses by the Indonesian regime in the land of Larosaè.
 

Third, weak solidarity from friends who were previously active in supporting the freedom of Timor Larosaè. There needs to be another international meeting to collectively address the human rights abuses.

Fourth, AKKOH and also other community organizations have gathered thousands of bits of data concerning missing people from one event to another. The question is how to use these data and information in the best way. Another problem is how to ensure the continuous input of the data about involuntary disappearances from the victims’ families.
 

Fifth, how to sustain the issue and keep the families of the victims of involuntary disappearance steadfast in pressuring their charges, , specifically by AKKOH and the wider community. This struggle will always need international solidarity.

Finally, how to develop and sustain solidarity of victims’ families between countries, by acknowledging the same basic problem: the disappearance of their family members. The independence of Timor Larosaè has produced the best road to travel for the community of Timor Larosaè to continue with its charges and demands and to receive answers about their missing family members. Another point is the need to continue to demand for the formation of an independent and transparent international court that would investigate the abuses and prosecute abusers of human rights in the land of Timor Larosaè.