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453500 | General Assembly Distr.: Limited
28 November 2001
Original: English
01-66657 (E) 291101
*0166657*
Fifty-sixth session
Third Committee
Agenda item 119 (b)
Human rights questions: human rights questions, including
alternative approaches for improving the effective enjoyment
of human rights and fundamental freedoms
South Africa:* draft resolution
The right to development
The General Assembly,
Guided by the Charter of the United Nations, expressing, in particular, the
determination to promote social progress and better standards of life in larger
freedom as well as to employ international mechanisms for the promotion of the
economic and social advancement of all peoples,
Recalling that the Declaration on the Right to Development, adopted by the
General Assembly in its resolution 41/128 of 4 December 1986, confirmed that the
right to development is an inalienable human right and that equality of opportunity
for development is a prerogative both of nations and of individuals, who make up
nations,
Recalling also that the outcome of the World Conference on Human Rights,
held in Vienna in 1993, the Vienna Declaration and Programme of Action,1
reaffirmed the right to development as a universal and inalienable right and an
integral part of all fundamental human rights,
Recalling further the outcomes of the World Summit for Social Development,
held at Copenhagen from 6 to 12 March 1995,2 and the twenty-fourth special session
of the General Assembly, entitled “World Summit for Social Development and
beyond: achieving social development for all in a globalizing world”,3 held at
Geneva from 26 June to 1 July 2001, especially as they relate to the realization of
the right to development,
Recalling its resolution 55/279 of 12 July 2001, in which it endorsed the
Brussels Declaration4 and Programme of Action for the Least Developed Countries
for the Decade 2001-2010,5 adopted by the Third United Nations Conference on
Least Developed Countries, held in Brussels from 14 to 20 May 2001, and, in this
regard, emphasizing the importance of implementation and follow-up to the Brussels
commitments,
Welcoming the report of the Secretary-General,6 in preparation for the
International Conference on Financing for Development to be held in Monterrey,
Mexico, from 18 to 22 March 2002, and expressing its hope that the Conference will
set a new partnership for financing sustainable development and for implementation
of the goals set out in the United Nations Millennium Declaration7 and other
internationally agreed development targets,
Taking note of the three studies prepared by the independent expert on the right
to development and his proposed possible approaches to the operationalization of
the right to development,
Taking note also of the report of the Open-Ended Working Group on the Right
to Development established to monitor and review progress made in the promotion
and implementation of the right to development8 and of the Chairperson’s
conclusions on the issue, as well as the comments submitted thereon,
Welcoming the commitment made by the heads of State and Government in the
United Nations Millennium Declaration to make the right to development a reality
for everyone and their resolve to create an environment, at the national and global
levels alike, which is conducive to development and to the elimination of poverty,
and their commitment to spare no effort to promote good governance and democracy
and to strengthen the rule of law as well as respect for all universally recognized
human rights and fundamental freedoms, including the right to development,
Underlining that meeting the objectives of good governance also depends on
good governance at the international level and on transparency in the financial,
monetary and trading systems and an open, equitable, rules-based, predictable and
non-discriminatory multilateral trading and financial system,
Underlining also the fact that the realization of the right to development
requires effective development policies at the national level as well as equitable
economic relations and a favourable economic environment at the international
level,
Underlining further the important role of the United Nations High
Commissioner for Human Rights in the promotion and protection of the right to
development,
Recalling the need for coordination and cooperation throughout the United
Nations system for a more effective promotion and realization of the right to
development,
Noting the outcome of the South Summit of the Group of Seventy-seven, held
in Havana from 10 to 14 April 2000, relating to the realization of the right to
development,9
1. Welcomes the holding of two sessions of the Working Group on the Right
to Development from 18 to 22 September 2000 and from 29 January to 2 February
2001, which focused on certain issues, as reflected in the report of the Open-Ended
Working Group on the Right to Development,8
and emphasizes the need to continue
deliberations on the right to development in all its aspects, inter alia, on the basis of
the report of the Working Group and the Chairperson’s conclusions, as well as
comments submitted thereon;
2. Emphasizes that, on the basis of the text of the Declaration on the Right
to Development, several resolutions and declarations adopted by consensus at
subsequent international conferences and the Vienna Declaration and Programme of
Action,1
it should now be possible to reach consensus on the full implementation of
the right to development;
3. Expresses its appreciation for the reports of the independent expert on
the right to development and his additional work on and clarifications of the
“development compact” proposal, which contributed to a better understanding of
this proposal, while recognizing that further clarification is still needed;
4. Recognizes that any development compact would be of a voluntary nature
for all parties involved and that its content would be defined on a case-by-case basis
and be adapted to the priorities and realities of any country willing to conclude such
a compact, which would need the adherence and the support of all international
actors involved in its implementation;
5. Notes the request by the Commission on Human Rights for the
independent expert to clarify further the proposed development compact, taking into
consideration views expressed during the two sessions of the Working Group and in
broad consultation with the Office of the United Nations High Commissioner for
Human Rights and United Nations funds and programmes, as well as the specialized
agencies, relevant international and regional organizations, non-governmental
organizations and, in particular, those actors and States interested in developing
pilot projects in this regard, keeping in mind:
(a) The ongoing bilateral, regional and multilateral development cooperation
programmes;
(b) The formulation of an operational model for a development compact;
(c) The views of concerned international organizations and agencies and
relevant regional institutions and actors;
(d) The need to ensure the added value of a development compact to and
complementarity with the relevant existing mechanisms;
(e) The need to address and remedy the national and international
dimensions of corruption;
(f) The need for country-specific studies both from a national and an
international perspective;
6. Reaffirms that States have the primary responsibility for the creation of
national and international conditions favourable to the realization of the right to
development and that they are committed to cooperating with each other to that end;
7. Also reaffirms that the realization of the right to development is essential
to the implementation of the Vienna Declaration and Programme of Action, which
regards all human rights as universal, indivisible, interdependent and interrelated,
and which also places the human person at the centre of development and recognizes
that while development facilitates the enjoyment of all human rights, the lack of
development may not be invoked to justify the abridgement of internationally
recognized human rights;
8. Recognizes that, in order to realize the right to development, national
action and international cooperation must reinforce each other in a manner that goes
beyond the measures for realizing each individual right, and also recognizes that
international cooperation for the realization of the right to development should be
conducted in a spirit of a partnership, in full respect of all human rights, which are
universal, indivisible, interdependent and interrelated;
9. Also recognizes that for many developing countries, the realization of the
rights to, inter alia, food, health and education may be important development entry
points to the realization of the right to development and that, in this context, the
independent expert’s concept of a development compact intends to give expression
to some basic tenets of the interdependence of all human rights and national
ownership of development strategies and development programmes, as well as the
importance of international cooperation;
10. Takes note of the ongoing discussion on the question of a suitable
permanent follow-up mechanism and the different views expressed thereon in the
Open-Ended Working Group on the Right to Development, and recognizes the need
for a discussion on this issue;
11. Stresses the necessity of establishing, at the national level, an enabling
legal, political, economic and social environment for the realization of the right to
development, and emphasizes the importance of democratic, participatory,
transparent and accountable governance, as well as the need for efficient national
mechanisms, such as national human rights commissions, to ensure respect for civil,
economic, cultural, political and social rights, without any distinction;
12. Also stresses the need to prevent, address and take effective action
against corruption, at both the national and international levels, including by
establishing a firm legal structure for eradicating corruption, and urges States to take
all necessary measures to that end;
13. Recognizes the importance of the role of the State, civil society, free and
independent media, national institutions, the private sector and other relevant
institutions in the realization of the right to development, and also recognizes a need
to continue discussion on this subject;
14. Affirms the role of women in the process of realization of the right to
development, including their role as active actors in and beneficiaries of
development, and that further actions in this context are needed to ensure the
participation of women on equal terms with men in all fields in the realization of the
right to development;
15. Also affirms the promotion of gender equality and the empowerment of
women as effective means to combat poverty, hunger and disease and to stimulate
sustainable development, as well as the importance of equal rights and opportunities
for women and men, including property rights for women and their access to bank
loans, mortgages and other forms of financial credit, taking into account the best
practices of microcredit in different parts of the world;
16. Underlines that in the process of the realization of the right to
development, special attention should be given to persons belonging to minorities,
whether national, ethnic, religious or linguistic, as well as to persons belonging to
vulnerable groups, such as elderly people, indigenous people, persons facing
discrimination on multiple grounds, Roma, migrants, persons with disabilities,
children and persons infected with human immunodeficiency virus/acquired
immunodeficiency syndrome, and that such attention should have a gender
perspective;
17. Affirms in this context that attention should also be given to the right to
development of children, with special attention to the rights of the girl child;
18. Acknowledges the need to continue discussion on the role of civil society
in the realization of the right to development and the role of national institutions in
this respect;
19. Reaffirms the need for States to cooperate with each other in ensuring
development and eliminating obstacles to development, recognizes the importance
of the international community in promoting effective international cooperation for
the realization of the right to development, and also recognizes that lasting progress
towards the implementation of the right to development requires effective
development policies at the national level, as well as equitable economic relations
and a favourable economic environment at the international level;
20. Reiterates that the gap between developed and developing countries
remains unacceptably wide, that developing countries continue to face difficulties in
participating in the globalization process, and that many risk being marginalized and
effectively excluded from its benefits;
21. Recognizes, while bearing in mind the existing efforts in this respect, that
it is necessary to enhance efforts to consider and evaluate the impact on the
enjoyment of human rights of international economic and financial issues, such as:
(a) International trade issues;
(b) Access to technology;
(c) Good governance and equity at the international level;
(d) Debt burden;
22. Notes the request by the Commission on Human Rights for the
independent expert to prepare, in consultation with all relevant United Nations
agencies and the Bretton Woods institutions, a preliminary study on the impact of
those issues on the enjoyment of human rights, starting by analysing the existing
efforts and means of assessing and evaluating such an impact, for consideration by
the Working Group at its future sessions;
23. Notes also the request by the Commission on Human Rights for the
Office of the United Nations High Commissioner for Human Rights, the specialized
agencies, funds and programmes, the international financial institutions and other
relevant actors to collaborate with the independent expert in the fulfilment of his
mandate and encourages further cooperation;
24. Notes further the request by the Commission on Human Rights for the
Working Group and the independent expert, to consider, as appropriate, the relevant
economic and developmental outcomes of the international conferences, inter alia,
the South Summit of the Group of Seventy-seven, held in Havana from 10 to
14 April 2000,9
and the follow-up thereto, in elaborating their recommendations for
the implementation of the right to development;
25. Decides to continue consideration of the issue of the right to
development, as a matter of priority, at its fifty-seventh session. | [
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792816 | United Nations A/CONF.192/PC/L.3
General Assembly Distr.: Limited
1 December 2000
Original: English
00-77708 (E) 141200
*0077708*
Preparatory Committee for the United Nations
Conference on the Illicit Trade in Small Arms
and Light Weapons in All Its Aspects
Second session
8-19 January 2001
Draft Objective of the Conference
Working paper by the Chairman of the Preparatory Committee
The Preparatory Committee recommends that the objective of the Conference
should be to develop and strengthen international efforts to prevent, combat and
eradicate the illicit trade in small arms and light weapons in all its aspects. To this
end, the aims of the Conference should be:
– To strengthen or develop norms at the global, regional and national levels that
would reinforce and further coordinate efforts to prevent and combat the illicit
trade in small arms and light weapons in all its aspects;
– To develop agreed international measures to prevent and combat illicit arms
trafficking in and manufacturing of small arms and light weapons and to
reduce excessive and destabilizing accumulations and transfers of such
weapons throughout the world;
– To put particular emphasis on the regions of the world where conflicts come to
an end and where serious problems with the proliferation of small arms and
light weapons have to be dealt with urgently;
– To mobilize the political will throughout the international community to
prevent and combat illicit transfers in and manufacturing of small arms and
light weapons in all their aspects, and raise awareness of the character and
seriousness of the interrelated problems associated with the illicit trafficking in
and manufacture of small arms and light weapons and the excessive and
destabilizing accumulation and spread of these weapons;
– To promote responsibility by States with a view to preventing the illicit export,
import, transit and retransfer of small arms and light weapons. | [
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600312 | United Nations A/61/917
General Assembly Distr.: General
21 May 2007
Original: English
07-35147 (E) 230507
*0735147*
Sixty-first session
Agenda items 68 and 117
Report of the Human Rights Council
Programme budget for the biennium 2006-2007
Reports of the Secretary-General on the revised
estimates resulting from decision S-4/101 adopted
by the Human Rights Council at its fourth special
session in 2006 (A/61/530/Add.2) and on the revised
estimates resulting from resolutions adopted by the
Council at its fourth session in 2007 (A/61/530/Add.3)
Report of the Advisory Committee on Administrative and
Budgetary Questions
1. The Advisory Committee has considered the reports of the Secretary-General
on the revised estimates resulting from decision S-4/101 adopted by the Human
Rights Council at its fourth special session in 2006 (A/61/530/Add.2) and on the
revised estimates resulting from resolutions adopted by the Council at its fourth
session in 2007 (A/61/530/Add.3).
2. As noted in the report of the Secretary-General on the revised estimates
resulting from decision S-4/101 adopted by the Human Rights Council at its fourth
special session in 2006 (A/61/530/Add.2), the adoption of the decision gives rise to
estimated requirements in the amount of $347,200 for the biennium 2006-2007 to
implement the activities outlined in paragraph 5 of the report of the SecretaryGeneral.
3. The Advisory Committee notes from paragraph 7 of the report that revised
programme budget implications were not presented prior to the introduction and
adoption of the draft decision presented by the President of the Human Rights
Council. Consequently, the Council was informed that the General Assembly would
be informed of the estimated resources required to implement the decision (see
A/HRC/S-4/5, para. 12). It is envisaged that the estimated expenditures will be
accommodated from within existing resources under section 23, Human rights, of
the programme budget for the biennium 2006-2007.
07-35147
4. The Advisory Committee recommends that the General Assembly take
note of the above-mentioned report of the Secretary-General (A/61/530/Add.2).
5. As noted in the report of the Secretary-General on the revised estimates
resulting from resolutions adopted by the Human Rights Council at its fourth
session in 2007 (A/61/530/Add.3), the adoption of resolutions 4/4 and 4/8 gives rise
to estimated requirements of $434,600. In accordance with rule 153 of the rules of
procedure of the General Assembly, the Council was provided with a statement of
programme budget implications prior to the adoption of the resolutions.
6. A summary of the requirements is provided in the annex to the report of the
Secretary-General. With regard to Council resolution 4/8, the Secretary-General
intends to accommodate $360,300, to the extent possible, from within the resources
already appropriated under the programme budget for the biennium 2006-2007. Any
additional requirements would be reported in the context of the second performance
report of the programme budget for the biennium 2006-2007. With regard to
Council resolution 4/4, an amount of $74,300 is projected to be required for the
biennium 2008-2009 and will be considered in accordance with established
procedures under General Assembly resolutions 41/213 and 42/211.
7. The Advisory Committee recommends that the General Assembly take
note of the fact that the implementation of Council resolution 4/8 would give
rise to additional requirements in the amount of $360,300 under sections 2, 23
and 28E of the programme budget for the biennium 2006-2007, which would be
accommodated, to the extent possible, within the existing appropriation, and
that the Secretary-General intends to report in the context of the second
performance report of the programme budget for the biennium 2006-2007 on
any additional requirements (A/61/530/Add.3, sect. IV (a)).
8. The Advisory Committee recommends that the General Assembly take
note of the fact that the implementation of Council resolution 4/4 would give
rise to additional requirements in the amount of $74,300 under sections 2, 23
and 28E of the proposed programme budget for the biennium 2008-2009, and
that those requirements would be considered when the Assembly takes up the
proposed 2008-2009 programme budget and the related contingency fund
(A/61/530/Add.3, sect. IV (b)). | [
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450842 | United Nations A/56/337
General Assembly Distr.: General
6 September 2001
Original: English
01-53477 (E) 121001
*0153477*
Fifty-sixth session
Items 57 and 131 (e) of the provisional agenda*
The situation in East Timor during its transition
to independence
Human rights questions: report of the United Nations
High Commissioner for Human Rights
Situation of human rights in East Timor
Note by the Secretary-General**
The Secretary-General has the honour to transmit to the members of the
General Assembly the report of the United Nations High Commissioner for Human
Rights on the situation of human rights in East Timor.
* A/56/150.
** In accordance with General Assembly resolution 55/222, part III, para. 10, this report is being
submitted on 6 September 2001 so as to include as much updated information as possible.
Interim report of the United Nations High Commissioner
for Human Rights on the situationof human rights in
East Timor
Contents
Paragraphs Page
I. Introduction .......................................................... 1–3 3
II. Activities of the Office of the United Nations High Commissioner for Human
Rights ............................................................... 4–11 3
A. Follow-up to the visit of the High Commissioner to East Timor ............ 4 3
B. Follow-up to the visit of the High Commissioner to Indonesia regarding
matters pertaining to East Timor ..................................... 5 3
C. Technical cooperation between the Office of the United Nations High
Commissioner for Human Rights and the United Nations Transitional
Administration in East Timor ........................................ 6–11 4
III. The human rights situation in East Timor and related activities................. 12–61 5
A. Status of investigations and prosecution of serious crimes committed in East
Timor in 1999 .................................................... 13–18 5
B. Capacity-building ................................................. 19–38 6
C. The reception, truth and reconciliation process.......................... 39–43 9
D. The protection of ethnic and religious minorities and other vulnerable
groups........................................................... 44–56 10
E. Political issues affecting human rights................................. 57–61 12
IV. Ongoing and future key areas of work to promote and protect human rights in
East Timor 62–76 13
V. Recommendations ..................................................... 77–100 15
I. Introduction
1. At the fifty-seventh session of the Commission on
Human Rights, the Chairperson of the Commission
issued a statement on the situation of human rights in
East Timor, in which the United Nations High
Commissioner for Human Rights was requested to
submit an interim report to the General Assembly at its
fifty-sixth session and to report to the Commission at
its fifty-eighth session. The statement of the
Chairperson was endorsed by the Economic and Social
Council at its substantive session of 2001.
2. The High Commissioner submitted a report to the
Commission at its fifty-seventh session
(E/CN.4/2001/37), in which she noted, inter alia, that a
project of technical cooperation between the Office of
the United Nations High Commissioner for Human
Rights (OHCHR) and the Human Rights Unit of the
United Nations Transitional Administration in East
Timor (UNTAET)1
was to be implemented during
2001.
3. The present report is submitted pursuant to the
request contained in the Chairperson’s statement and
provides information on developments since the
issuance of the statement.
II. Activities of the Office of the
United Nations High Commissioner
for Human Rights
A. Follow-up to the visit of the High
Commissioner to East Timor
4. The High Commissioner visited East Timor in
August 2000. In order to follow up on a number of
concerns that arose during her visit, the High
Commissioner appointed a personal consultant for East
Timor, Shanthi Dairiam, Director of the Malaysiabased International Women’s Rights Action Watch
(Asia Pacific). The personal consultant visited East
Timor from 29 October to 15 November 2000 and
reported to the High Commissioner on, inter alia,
appropriate action to be taken to encourage the
voluntary return of refugees from West Timor to East
Timor and modalities to assist in tracing persons
missing since the violence of 1999. The High
Commissioner has provided the present report to
UNTAET and relevant United Nations agencies, funds
and programmes with a view to assisting their work in
East Timor. The High Commissioner has also provided
the Government of Indonesia with the report. She has
received positive feedback on the report from a number
of United Nations agencies, funds and programmes.
B. Follow-up to the visit of the High
Commissioner to Indonesia regarding
matters pertaining to East Timor
5. During the High Commissioner’s visit to
Indonesia on 22 and 23 November 2000, the then
Attorney-General, Marzuki Darusman, informed the
High Commissioner that the Indonesian House of
Representatives (DPR) had adopted the Law on Human
Rights Tribunals on 6 November 2000. Pursuant to that
legislation, an ad hoc tribunal was to be set up to hear
cases of East Timor-related violations of human rights
in 1999. The Attorney-General also informed the High
Commissioner that dossiers had been prepared on 14
persons suspected of committing serious crimes in the
1999 violence and requested the High Commissioner to
provide technical assistance to support the
investigation and prosecution of the human rights
violations that had taken place at that time. It was
intended that OHCHR would commence its provision
of technical assistance in mid-2001 which would
include training for judges, prosecutors and defence
counsellors and ad hoc judges and ad hoc prosecutors
of the ad hoc human rights court. The purpose of that
cooperation was to train a cadre of judicial and legal
professionals who would be able to act as a catalyst of
change within the administration of justice system. At
the time of writing, however, OHCHR had yet to
commence implementation of the proposed cooperation
activities pending revision of Presidential Decree
Number 53 of 23 April 2001, which had established an
ad hoc court to try the East Timorese cases, so as to
incorporate a reference to cases that had taken place
prior to the popular consultation held in East Timor on
30 August 1999. As currently drafted, the Presidential
Decree provides only for prosecution of alleged
violations that took place after the popular
consultation.
C. Technical cooperation between the
Office of the United Nations High
Commissioner for Human Rights and
the United Nations Transitional
Administration in East Timor
6. In April 2001, an agreement concerning a
technical cooperation project to strengthen national
infrastructure for the promotion and protection of
human rights in East Timor was signed by the High
Commissioner and the Special Representative of the
Secretary-General for East Timor. That project, funded
by the Government of Ireland, includes the following
activities:
(a) Human rights training for East Timorese
and international Professional staff of the Human
Rights Unit of UNTAET and East Timorese nongovernmental organizations;
(b) Human rights training for the East Timorese
Police Service and the United Nations Civilian Police
component;
(c) Human rights training for East Timorese
judges, prosecutors and public defenders;
(d) Promotion of human rights activities, to
include funding for the purchase, translation and
dissemination of international human rights educational
and training materials;
(e) Legal advice and assistance on particular
issues, cases and draft legislation to ensure conformity
with international human rights standards;
(f) Assistance with the establishment of a
commission on reception, truth and reconciliation; and
(g) Assistance with promoting ratification of
and compliance with the principal international human
rights instruments.
7. In late May 2001, an OHCHR expert travelled to
East Timor to provide human rights training on the
methodology of monitoring, investigation and
protection to East Timorese district human rights
officer interns recruited by the Human Rights Unit.
Topics included international human rights norms,
identification of human rights violations, monitoring
principles, methodological aspects of informationgathering and verification, interviewing, reporting and
witness protection. The topics were illustrated through
practical exercises and case studies and involved two
days’ fieldwork followed by a systematic review. The
East Timorese district human rights officer interns
participated actively in the training, showing a very
keen interest in learning new skills or improving
existing ones. The possibility of subsequent training
once the participants had had sufficient opportunity to
apply their skills and identify areas that required
further improvement or development was considered
desirable. OHCHR provided the Human Rights Unit
with a set of training materials covering a wide range
of subjects for further reference, training or follow-up
use and these are to be translated into the Tetun
language.
8. In early June 2001, OHCHR, the Human Rights
Unit, the East Timorese Police Service and the Civilian
Police organized two training courses on human rights
in law enforcement, one for the East Timorese Police
Service and the other for the Civilian Police. Three
police training experts from India, the United Kingdom
of Great Britain and Northern Ireland and OHCHR
assisted at both workshops. Topics included nondiscrimination, women and the administration of
justice, civil policing in the democratic order, human
rights and police investigations, human rights during
arrest and detention, use of force and firearms and how
to incorporate human rights into a police training
curriculum. Thirty-two officers from the East Timorese
Police Service participated in the first training course,
which lasted five days. Though this was their first
exposure to human rights training, there was a very
positive response to the training. Forty-four Civilian
Police officers from more than a dozen countries
participated in a four-day training course that followed
the course for the East Timorese Police Service. For
many of the international participants, this was also
their first exposure to comprehensive human rights
training for police and the international standards
adopted by the United Nations concerning criminal
justice. The response to the course was extremely
positive and discussions were held with the United
Nations Police Commissioner and the Human Rights
Unit regarding concrete follow-up action. The Human
Rights Unit has undertaken to produce pocket-sized
cards for all police in East Timor, outlining arrest
rights, which will be printed in four languages.
9. Ongoing activities connected with the project
include the purchase, translation into Tetun and Bahasa
Indonesia and dissemination of international
educational and training materials on human rights,
legal advice and assistance to ensure that draft
legislation is in accordance with international human
rights standards and technical assistance to the
reception, truth and reconciliation process.
10. The two remaining activities, human rights
training for East Timorese judges, prosecutors and
public defenders and assistance in promoting
ratification of and compliance with the principal
international human rights instruments, are still to be
scheduled for implementation during the course of
2001.
11. OHCHR continues to seek methods to improve its
support to the Human Rights Unit, including
dissemination of information on United Nations human
rights machinery, comparative information on
implementation of international human rights standards
and the selection of candidates for posts within the
Unit. On 3 July 2001, the Director of the Unit travelled
to Geneva to discuss with OHCHR the ongoing and
future key areas of work for a United Nations human
rights presence in East Timor (see paras. 62-75).
III. The human rights situation in East
Timor and related activities
12. The information upon which this section is based
has been provided by UNTAET.
A. Status of investigations and
prosecution of serious crimes
committed in East Timor in 1999
13. It is estimated that the crimes arising from the
1999 violence in East Timor number in the thousands,
with many alleged perpetrators remaining in refugee
camps in West Timor. Some 400-500 files in
connection with the 1999 violence currently remain
open with the Serious Crimes Unit of the East
Timorese Transitional Administration (ETTA).2 Many
of those files concern several alleged offences.
UNTAET considers that countless serious crimes
remain unreported or need to be evaluated to determine
if a file should be opened.
14. A lack of resources, both human and material, in
the Serious Crimes Unit has continued to prevent
investigations from being undertaken in connection
with the overwhelming majority of crimes against
humanity committed in 1999. At the time of writing, 26
indictments had been issued against 46 accused
persons, with 20 being charged with crimes against
humanity (including murder, deportation and rape).
Eight trials for murder, attempted murder or
manslaughter had been concluded, with seven
convictions and one acquittal. Sentences have ranged
from 7 to 13 years’ imprisonment.
15. The first trial for crimes against humanity, the
Los Palos case, began on 3 July 2001. The indictment
includes the forced deportation of the residents of the
village of Leuro to West Timor on 8 September 1999,
the murders of a group of clergy who had been
distributing food and medicine on 25 September 1999
and a number of other individual murders.
16. The Human Rights Unit provides information on
specific cases to both the Serious Crimes Unit and the
Civilian Police to assist them in pursuing cases.
However, that information concerns only individual
cases and no record yet exists that can provide a
general description of the events that took place in
1999, from the political climate before the popular
consultation to an estimate of the number and types of
crime that were committed. UNTAET and district
human rights officers of the Human Rights Unit are
therefore currently engaged in gathering such
information, which the Unit will compile into a
comprehensive record of events. It is intended that that
record would be available for use by, inter alia, the
Reception, Truth and Reconciliation Commission, the
Serious Crimes Unit, the Civilian Police, the East
Timorese Police Service and other researchers.
17. In Indonesia, on 23 April 2001, the President of
the Republic of Indonesia signed a decree establishing
an ad hoc tribunal to hear cases of human rights
violations committed in East Timor. As noted in
paragraph 5, however, the Decree establishing the court
limited its temporal jurisdiction to those cases which
occurred after the popular consultation on 30 August
1999. As a result, the court cannot hear cases of human
rights violations that occurred prior to the vote. Those
cases include the Liquisa Church killings of 6 April
1999, during which non-governmental organizations
estimate that at least 57 people were killed, and the
attack on the house of Manuel Carrascalao of 17 April
1999, in which at least 12 people are believed to have
been killed. The Government of Indonesia has agreed
to review the court’s jurisdiction, but as yet this has not
been done and the ad hoc tribunal has not been
established. Accordingly, this means that not one case
that occurred during the 1999 violence, either before or
after the vote, has been prosecuted. UNTAET has
expressed its serious concern and disappointment at the
restriction on jurisdiction.
18. UNTAET further reports that, in addition to
failing to pursue vigorously its own prosecutions, the
Government of Indonesia has not cooperated
adequately with the prosecutions of the ETTA Serious
Crimes Unit. On 9 April 2001, the Chief Prosecutor of
the Unit forwarded four arrest warrants to the
Attorney-General of Indonesia but as yet no response
has been received.
B. Capacity-building
1. Access to justice
19. Prior to the popular consultation, the judiciary
was staffed almost exclusively by Indonesian civil
servants. Only one East Timorese had ever served as a
judge, and that only since 1998; one East Timorese had
worked as a prosecutor and only a few of the East
Timorese who had obtained law degrees had been
permitted to practise law. Those professionals, together
with a small number of international staff, now serve as
judges, prosecutors and public defenders within the
East Timorese judicial system.
20. Four district courts (Dili, Baucau, Oecussi and
Suai) and two serious crimes panels have been
established to try the serious crimes3
of 1999.
However, only one serious crimes panel is actually
functioning. This is due to the requirement that an East
Timorese judge sit on each panel and as yet only one
East Timorese judge has been assigned to do so. The
lack of East Timorese judicial and legal officials4
has
produced a situation where the Dili District Court is the
only fully functioning court.5
This dire shortage of
qualified judicial and legal personnel has extremely
serious consequences. For example, UNTAET reports
that at the end of January 2001 approximately 103
serious crime detainees were being held unlawfully
because their detention orders had expired owing, inter
alia, to lack of access to legal counsel. The Serious
Crimes Unit has made significant efforts to address the
issue, however, and at present, there are no serious
crime detainees being held on expired detention orders.
Concerns remain, however, over the functioning of the
ordinary courts. In that respect, UNTAET has also
reported that access to legal counsel is limited and
suspects are often held for weeks or months before
seeing a public defender. In fact, 74 detainees charged
with “ordinary” crimes are currently being held on
expired detention orders. Since 12 public defenders
cannot service four courts in East Timor,6
there are
instances where, owing to sudden increased demands
on the judicial system, persons taken into custody may
be held for short periods of time after their detention
warrants have expired before they are brought before
the courts.
21. Concerns also remain as to the actual competence
of those few personnel who are in service. Though the
Department of Justice has put in place a framework for
ongoing training for judges, prosecutors, public
defenders and court registry staff and the International
Development Institute is offering a week of training for
every month of service in criminal, civil and
procedural matters, some judges have complained that
appropriate training has not always been provided. The
international judicial mentoring system has also not
been as effective as hoped. The situation is
compounded by the difficulty for members of the
judiciary to devote time to training, given their
demanding professional schedules.
22. In other cases, and because, for instance, of the
pressure to release detainees whose warrants have
expired, judges have released suspects charged
pursuant to allegations of serious crimes, sometimes
unconditionally or on inappropriate conditions. In two
instances, the releases came unexpectedly and the
decision to release the suspect seemed, on the face of
the evidence available, questionable. UNTAET had to
act quickly and gathered the receiving community
together to try and contain any possible violent reaction
to the release of the alleged murderers.
23. While it is clear that the primary issue with
respect to providing access to justice in East Timor is
the lack of trained personnel and resources, there are
other concerns, the origins of which stem from 25
years of Indonesian occupation and a discredited
judiciary that did little to protect the rights of East
Timorese. The population is understandably suspicious
of both the police and the judiciary. As a result, East
Timorese continue to resort to traditional dispute
resolution mechanisms involving different approaches
depending on the community and its leaders. In some
cases, serious crimes are dealt with through that
mechanism, often leaving the victim without either any
real access to justice or appropriate remedy or, worse
still, resulting in other human rights abuses. The
burden resulting from such practices falls
disproportionately on the shoulders of the weakest
members of society, in particular women (see para. 46).
24. In addition, it is reported that East Timorese
judges and prosecutors are coming under increasing
political pressure and that there have been cases of
judges and prosecutors being subjected to threats and
intimidation both in the courts and in their homes. For
instance, the arrests that followed the violence between
rival groups and opposing villages in the districts of
Viqueque and Baucau in April 2001 resulted in serious
intimidation and threats from villagers to the judges
who heard the subsequent trials. In an attempt to assist
in resolving the problem, therefore, an experienced
international judge was recently deployed to Baucau on
a permanent basis to help the less experienced East
Timorese judges to deal with such threats and
intimidation. UNTAET is working to ensure that
security is provided to judges and prosecutors and that
arrests are made in such cases, and the Civilian Police
now maintain a permanent presence in the court during
working hours
25. Some of the pressures on judges are not so
blatant. UNTAET reports that members of the
community who enjoy a certain standing, such as
priests, teachers, former members of the Armed Forces
for National Liberation of East Timor (FALINTIL) or
of the National Council of East Timorese Resistance
(CNRT) are, in some cases, not vigorously prosecuted
for criminal acts and it is thought that this may be due
to a fear of repercussions on the part of the judges. To
add to the pressure, a district court judge earns the
equivalent of $361 per month compared with a salary
of $2,000 per month authorized for Cabinet members
in June 2000 when ETTA was formed. The low salaries
of East Timorese judges may leave them vulnerable to
external pressure and work against security of tenure.
26. The Human Rights Unit works with the ETTA
Department of Justice to meet the enormous challenges
of creating and developing an independent functioning
judiciary from the ground up. As a result of its role in
monitoring the progress of the courts, the Human
Rights Unit provides information on crucial issues that
need to be addressed. In addition, the Unit has
provided advice on the recruitment of public defenders
and highlighted the need for a secure and safe
environment in court. Over the coming months, the
Unit will also be working to enhance East Timorese
confidence in the judiciary, first, by providing
information to communities on the functioning of the
judiciary and their rights on arrest. It will then, in
cooperation with OHCHR, provide human rights
training to the judiciary, prosecutors and public
defenders on issues shown to be relevant by the Unit’s
monitoring process.
2. The legislative framework
27. The Human Rights Unit is a member of the
Legislation Committee of the East Timorese Cabinet
(composed of East Timorese and international
representatives), which advises the Cabinet on the
drafting of legislation. The Human Rights Unit reviews
proposed legislation to try and ensure that legislation
adopted is in accordance with international human
rights standards. In recent months, the Unit has made
major contributions to a wide variety of proposed
legislation, including regulations on the reception, truth
and reconciliation commission, the constitutional
commission, prison and police services, the defence
force, legal aid, political party registration, firearms
and weapons, traffic regulations, travel documents,
four labour regulations, the ombudsman office,
administrative evictions, public demonstrations and the
judicial and prosecutorial codes of conduct.
3. Elections and the constitutional process
28. Elections for the Constituent Assembly have been
scheduled for 30 August 2001. The Assembly has a
recommended mandate of 90 days after the swearing in
of its members to draft and adopt a constitution. The
mandate of 90 days is not an absolute requirement,
however, as the Assembly could decide to extend it.
29. A short-term consultation process has been
established to ascertain the wishes of the East Timorese
in relation to the constitution.7
In each district, five to
seven constitutional commissioners have been
appointed to conduct the consultations. Each district
panel of commissioners is to conduct at least one
public hearing in each sub-district between mid-June
and mid-July. A rapporteur and a constitutional adviser
have been appointed to assist each district panel. All
commissioners, rapporteurs and advisers are East
Timorese. The commissioners are to prepare a report
on the consultations to be given to the Transitional
Administrator. Once the Constituent Assembly is
established, the report of the consultations is to be
submitted to it for consideration. A number of
UNTAET components are working to support the
process.
30. Given the short period in which consultations are
to take place and the limited information available to
the community concerning both the subject matter of
the consultation process and the process itself, the
Human Rights Unit has been working with a coalition
of non-governmental organizations to mount an
information campaign concerning the nature of a
constitution, relevant human rights issues and the
rights of the East Timorese in the process. In June
2001, the Human Rights Unit assisted a coalition of
non-governmental organizations, the NGO Working
Group, to convene a one-day conference on the
constitutional process, “Together Building a
Constitution for East Timor”. Experts from Fiji, South
Africa and Thailand spoke of their experiences in
seeking to ensure popular involvement in all aspects of
constitution-making. East Timorese speakers from
political parties, the church and the university were
also invited to debate the current process in East Timor.
Approximately 180 persons attended the conference.
Also organized with the NGO Working Group was a
one-day workshop on women and the constitution to
discuss means of maximizing women’s involvement in
the constitution-making process and of ensuring that
women’s rights and interests are reflected in the
Constitution itself.
31. The Human Rights Unit also supports the NGO
Working Group more generally in its work of ensuring
that education on the constitution is a long-term
process, rather than something that will end with the
election of the Constituent Assembly. Activities after
the election will include discussions and advocacy with
political parties and members of the Constituent
Assembly on a number of issues, including the
possibility of an interim constitution as a means to
achieve a more comprehensive consultation process.
Community education on constitutional issues will also
continue. In that connection, the NGO Working Group
is producing, with the help of the Human Rights Unit, a
series of basic and accessible pamphlets in Tetun and
Bahasa Indonesia on issues relating to constitutions,
including the nature of a constitution and the human
rights issues to be safeguarded in a constitution. The
first pamphlet, which discusses the nature of a
constitution, has already been completed in Tetun and
Bahasa Indonesia and has been distributed widely
throughout East Timor. The second pamphlet, on
human rights and the constitution, is currently being
finalized.
32. The Human Rights Unit has also been actively
involved in the training of those conducting the
consultations, including the training of the eight
trainers who in turn will train the constitutional
commissioners. The training not only covered the
human rights aspects of the consultation process itself
(emphasizing, inter alia, rights of participation,
freedom of speech, equality rights and minority rights),
but also provided an overview of the ways in which
human rights issues might arise during the consultation
process itself. More intensive input was provided for
the training of the 13 constitutional advisers. Topics
covered included identifying human rights concerns
and dealing with human rights issues to be included in
the constitution. The Human Rights Unit will be
monitoring the operation of the constitutional
commissions and liaising with them to provide further
assistance throughout the whole consultative process.
33. The Human Rights Unit is also considering the
situation of human rights in the context of the
upcoming elections. In view of the short timescale and
the concerns regarding potential political violence, the
Unit has produced a leaflet on human rights and
democracy to increase awareness about fundamental
human rights, such as freedom of speech and assembly,
the right to participate in public life and to hold elected
office, and non-discrimination principles. The leaflet
will be distributed by the district human rights officers
and the non-governmental organizations in all districts
and will be used in continuing human rights training
organized by the Human Rights Unit. The Unit is also
working on ensuring that human rights violations
committed in the context of the elections are monitored
and reported. Furthermore, the Unit is working with the
Civilian Police and the Independent Electoral
Commission to establish a system for effective and
coordinated reporting during the run up to and on
election day itself.
4. Civil society and non-governmental
organizations
34. In addition to the specific issue-based activities
noted above (see paras. 30-33), the Human Rights Unit
continues to conduct a number of activities to support
the strengthening of civil society, in particular human
rights organizations. Following the holding in 2000 of
general human rights training in the districts with a
wide range of participants, the Unit in 2001 developed
a series of training courses for specific groups. In April
2001, the Unit focused on a national training of trainers
course, to which the district human rights officers
nominated candidates from their districts whom they
believed would be able to use their skills to train
others. The district human rights officers continue to
follow up on the training by providing support to the
“trained trainers” to conduct smaller training courses in
their own districts.
35. As an integral part of its training programme, the
Human Rights Unit has hired East Timorese district
human rights officer interns for each of the districts
(see para. 7). The interns work side by side with the
international district human rights officers to build the
capacity of East Timorese to become human rights
advocates.
36. One major goal of UNTAET is to ensure that a
human rights presence remains in each of the districts
after the departure of UNTAET. Therefore, either a
non-governmental organization or a loosely formed
human rights organization has been established with
the support of the district human rights officers in each
of the Aileu, Ainaro, Bobonaro and Covalima districts.
Support has included the allocation of funds,
participation in informal training on human rights by
district human rights officers and by the organization
itself in the villages and subdistricts, the dissemination
of human rights materials, the training of police and the
development of an East Timorese human rights manual.
UNTAET is working to ensure that those it trains and
works with over the coming months will take the lead
in protecting and promoting human rights in East
Timor in the future.
37. With financial assistance provided by OHCHR,
UNTAET is disseminating international human rights
promotional and training materials in Tetun and Bahasa
Indonesia throughout East Timor. The training team is
finalizing negotiations with human rights nongovernmental organizations in Indonesia to translate
and publish a number of human rights materials, to
include booklets containing various international
instruments on, for example, the Universal Declaration
of Human Rights (General Assembly resolution 217 A
(III)), the International Covenant on Civil and Political
Rights and the International Covenant on Economic,
Social and Cultural Rights (see resolution 2200 A
(XXI), annex), the Convention on the Elimination of
Discrimination against Women (resolution 34/180
(annex)) and the Declaration on the Elimination of
Violence against Women (see resolution 48/104), the
Convention on the Rights of the Child (resolution
44/25, annex), the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment (resolution 39/46, annex) and the
International Convention on the Elimination of All
Forms of Racial Discrimination (resolution 2106 A
(XX), annex).
38. In addition to training East Timorese counterparts
and disseminating promotional material, the Human
Rights Unit is developing a means by which the
information collated and analysed by it and that of East
Timorese non-governmental organizations will be
preserved in an accessible format for future use. In that
regard, the Unit is in the process of determining the
needs of East Timorese human rights nongovernmental organizations, whether for training,
hardware or databases, and is working with the nongovernmental organization Fokupers on a database to
track cases of violence against women. It is also
anticipated that the Unit will play a significant role in
the establishment of a database for the Reception,
Truth and Reconciliation Commission.
C. The reception, truth and reconciliation
process
39. On 20 June 2001, the East Timorese National
Council unanimously adopted a regulation establishing
the Reception, Truth and Reconciliation Commission in
East Timor. Subject to funding, it is currently
envisaged that the Commission will be operational by
the end of 2001.
40. The Commission was first proposed by CNRT in
June 2000 and was endorsed by the CNRT Congress.
The Human Rights Unit assisted in the further
development of the proposal by supporting a steering
committee, which undertook the preparatory work
leading up to the adoption of the regulation. The
committee consisted of representatives of CNRT and
key East Timorese human rights non-governmental
organizations, namely, Fokupers, Yayasan HAK,
ETWAVE, the Justice and Peace Commission of Dili
Diocese and the Association of Ex-Political Prisoners.
The Committee benefited from the assistance of
UNHCR, the Political and Legal Units of UNTAET and
the input of two international experts on truth and
reconciliation commissions. It undertook a national
consultation, visiting all 13 districts, and consulted
East Timorese judges, the Officeof the General
Prosecutor, public defenders, political parties and other
stakeholders.
41. The Commission will have two broad functions.
The first will be a truth-telling mechanism in which
witnesses and victims of human rights abuses will give
testimony, promoting healing, and contribute to the
compilation of a national history and recommendations
on legal and institutional reforms that will safeguard
human rights in the future. There will be no provision
for amnesty.
42. The second major function will be to promote
community reconciliation by dealing with the many
thousands of East Timorese who were involved in lowlevel crimes in 1999 and periods before by means of a
community-based mechanism rather than the courts.
Under those procedures perpetrators will approach the
Commission which will form a panel to include local
leaders from the community concerned. Victims,
witnesses and the community will participate in a
hearing and the panel will decide on an appropriate act
of reconciliation, which may take the form of
community service, repayment, public apology or other
act, but must comply with international human rights
norms and be proportional to the offence. The decision
of the panel will be registered as a court order and once
satisfactorily discharged will exempt the perpetrator
from further civil or criminal liability. The courts will
deal with serious crimes such as murder, rape or
organizing large-scale violence.
43. The community mechanisms are intended to be
cheaper and faster than the already overburdened
fledgling justice system, will involve the community in
the process and will assist reconciliation in a practical
way. As the majority of the ex-militia in West Timor
are low-level perpetrators, it is hoped that the
Commission process will be an incentive for them to
return to their communities safely.
D. The protection of ethnic and religious
minorities and other vulnerable groups
44. The Human Rights Unit, through its office in Dili
and its district human rights officers, continues to
address the need for protection of particular vulnerable
groups, the security of East Timorese refugees
returning from West Timor and violence against
women.
1. The protection of ethnic and religious
minorities
45. The future of minorities in East Timor is
uncertain. Currently, there are no regulations governing
their status. The border regulation stipulates that a
renewable three-month visa is required for persons who
wish to reside in East Timor unless such individuals
were born in East Timor before December 1975, were
born outside East Timor but with one parent or
grandparent born in East Timor before 1975 or are the
spouse or the dependent child under 18 of a person who
falls under the other two categories. This includes
persons who resided in East Timor on a permanent
basis before the popular consultation and includes, for
example, the case of an ethnic Chinese businessman
who moved to East Timor with his Chinese wife in
1982, bore and raised three children, purchased two
properties and developed a private business in East
Timor. A second matter of concern relates to the fate of
Muslims, approximately 240 of whom remain in the
Dili Mosque. The Muslims fled to West Timor with
other refugees following the violence surrounding the
popular consultation, but returned to the Dili Mosque
soon after the violence. As there are no protection
mechanisms for minorities, they fear for their safety if
they try to return to their homes.
2. Human rights violations against women;
women’s rights as human rights
46. Though the legal position is that violence against
women is a crime, non-governmental organizations
have reported that the judicial system (including the
Civilian Police and the Timorese Police) have not, in
some cases, pursued matters involving violence against
women vigorously. Furthermore, there is a perception
that some elements of Timorese society wish to deal
with such crimes more leniently by using traditional
dispute resolution mechanisms. This contributes to a
culture in which such offences are not considered as
serious as they are treated in the applicable criminal
law and fall short of international standards. The
Civilian Police has, however, taken a number of
initiatives to address the issue, including the setting up
of the Vulnerable Persons Unit to deal with cases of
violence against women and other vulnerable groups.
To date, only the Dili District Vulnerable Persons Unit
has adequate resources to deal with such cases. There
are continuing problems, however, with nongovernmental organizations’ reports of gender bias in
court proceedings, which result in the unfair
administration of justice for victims of violence against
women.
47. Traditionally, women have not been encouraged
to participate in public life in East Timor. “Public life”
ranges from simply working outside the home to
participating in government or political structures. The
ETTA Gender Affairs Unit takes the lead on this issue,
providing training to women entering public service
and ensuring that women are represented in the newly
created structures of East Timorese civil society and
government. The Human Rights Unit works to support
their initiatives, in particular, by mainstreaming
women’s and gender issues in its training on human
rights and assisting non-governmental organizations in
its strategic plans to address women’s issues. For
example, the Human Rights Unit has included nondiscrimination and women’s rights in its training and
has also invited women’s organizations to make
presentations on their work. Nearly 50 per cent of the
participants in the training have been women and the
Human Rights Unit welcomed their active
participation. The Unit also ensured that the steering
committee that drafted the regulation for the
establishment of a Reception, Truth and Reconciliation
Commission included female members from leading
women’s non-governmental organizations and the
Commission itself has been formed in such a way as to
ensure that women survivors will testify. For instance,
gender guidelines will be distributed for the
commissioners to follow, some cases will be held in
camera (cases involving women are particularly
envisaged), 30 per cent of the national and regional
commissioners will be women and ETWAVE is
represented on the panel selecting the commissioners.
48. The Human Rights Unit has assisted Fokupers, a
non-governmental organization focusing specifically
on women’s issues, to create a database to track
violence against women and also the cases of women
whose partners were killed, detained or tortured in
1999. The Unit is able to pass that information to the
Serious Crimes Unit and facilitates the relationship
between non-governmental organizations and that Unit.
There are currently at least 114 known cases of rape
that occurred during the violence surrounding the
popular consultation in 1999, attributable mostly to
militia groups. The Serious Crimes Unit estimates that,
as investigations continue, that figure will increase
significantly. At the beginning of February 2001, five
suspects were indicted on charges of crimes against
humanity, including rape. This was the first indictment
for crimes against humanity in East Timor where rape
was included as one of the crimes.
49. In order to ensure a continuum of support for
women who suffered as a result of the violence in
1999, the Human Rights Unit also links survivors to
non-governmental organizations for, among other
things, trauma counselling, planning and finding
resources for future support. The Unit has facilitated
the establishment of or provided support to women
survivors’ self-help groups in Covalima, Maliana,
Bobonaro and Liquisa districts. It also liaises with
Indonesian non-governmental organizations, including
organizations in West Timor, and with the Indonesian
National Human Rights Commission, the Indonesian
Commission on the Elimination of Violence against
Women and the Indonesian Commission on Child
Rights in connection with ongoing cases of violence
against women in West Timor.
50. Further progress has been made with Ratelaek, a
women survivors’ group in Liquisa, which has
completed a project supported by the Office for
Transition Initiatives of the United States Agency for
International Development and planned with the
Human Rights Unit. The project includes the
establishment of a cooperative, which runs a restaurant
and a shop, an exchange visit to other survivors’
groups in Maliana and Suai, financial management
training and an exhibition on the contribution of East
Timorese women to the independence struggle.
3. East Timorese refugees
51. According to UNHCR figures, as at 15 June
2001, 180,662 refugees had returned from West Timor
to East Timor. Estimates of the number of refugees
remaining in West Timor range from 90,000 to
130,000. Many refugees remain fearful to return
because of misinformation in the refugee camps that
leads them to believe that fighting is continuing in East
Timor and it is not safe for them to return.
52. On 6 and 7 June 2001, the Government of
Indonesia conducted registration of refugees in West
Timor. Refugees were required to register and to
indicate whether or not they wanted to stay in
Indonesia or be repatriated to East Timor. Information
about the process was conveyed by camp leaders and
members of the Union of East Timorese Heroes
(UNITAS) (a political grouping composed of East
Timorese parties in favour of the integration of East
Timor with West Timor). Only heads of family were
entitled to vote.
53. Preliminary results announced by the
Government of Indonesia confirmed the registration of
113,794 refugees, with 111,540, or 98.02 per cent,
electing to stay in Indonesia and only 1,250, or 1.1 per
cent seeking to return. Many commentators have
surmised that it is likely that a large number of
refugees voted to stay in Indonesia due to fear of
reprisal by militia and/or because they were not yet
ready to return to East Timor, wanting instead to wait
for the outcome of the 30 August elections, which
would allow them to make an assessment of the
chances of intimidation against returnees. This was
confirmed by the 12 international observers of the
process who concluded in their report that, although
the procedures respected confidentiality and integrity:8
“The overwhelming majority of refugees
interviewed held high expectations of the
assistance that was to be provided to those opting
to stay in Indonesia. Opting for return was widely
understood as meaning that they would have to do
so almost immediately, thereby, as explained by
the refugees, forfeiting the right to any severance
package for government employees or preventing
children in school from taking exams.”
54. The Indonesian task force responsible for the
repatriation of refugees who chose to return is reported
to have told the United Nations military observers that
the returns were to begin on 15 June 2001 and would
continue until 15 August 2001. West Timor’s
provincial governor has reportedly stated that, of those
who chose to remain in Indonesia, only 6,000 would be
able to resettle permanently in West Timor. The
remainder of the population would be required to
resettle in other parts of Indonesia. The Government of
Indonesia has not yet released official results of
registration and therefore official repatriation has yet to
start. The International Organization for Migration
(IOM) is reportedly drawing up plans to repatriate
refugees pursuant to the registration.
55. While UNTAET is working in coordination with
UNHCR to determine how best to expedite and ensure
the returnees’ safe return, the Human Rights Unit
specifically focuses on what happens to them after
return. In some cases, returnees will not be welcomed
back, in particular those who participated in serious
crimes, while others may be seen as traitors or common
criminals since they participated in low-level violence
in the aftermath of the popular consultation. It is the
return of the latter that requires preparation to ensure
that they are not targeted but instead taken back into
the community.
56. The district human rights officers prepare the
communities for the returns, where they are able and
usually in coordination with the other actors of the
international community within the framework of a
district returns committee. Often, the Human Rights
Unit receives information at the last minute that a
number of refugees are returning to a certain area and
then works to determine who the returnees are and if
there will be any concern surrounding their return. In
cases where allegations already exist or surface
regarding some of the returnees, the district human
rights officer, together with other members of the
international community, will call together community
leaders to ensure that the returnees are not met with
any hostility or harassment. Of course, if the returnee
has been indicted or if there are allegations that he or
she has committed serious crimes, then that returnee
must be brought to justice. In other cases, however, and
where allegations are unsubstantiated, the international
community needs to ensure that allegations do not
translate into violence. In situations where community
leaders are unable to reach an agreement on a certain
return, safe houses of varying capacity and quality are
available in eight and are under construction in four of
the districts. Under no circumstances, however, will the
Human Rights Unit accommodate a request to reject
the return of anyone wishing to return.
E. Political issues affecting human rights
1. Law and order
57. Before the popular consultation, CNRT played a
central role in East Timorese life, coordinating the
clandestine resistance movement and distributing
information outside East Timor to support the
independence movement. The Council provided
support to victims of Indonesian violations and took
significant risks in doing so. Immediately after the
popular consultation, the CNRT stepped in to fill the
vacuum in many essential services, including some law
and order functions, often with the knowledge and
cooperation of the Civilian Police, who were at that
time still building up full capacity. Since 1999, CNRT
has assisted UNTAET in resolvingmany of the issues
inherent in a post-conflict society and has been active
in preparing East Timor for the transition to an
independent State.
58. However, despite the mandate and increased
capacity of the Civilian Police and the newly
established East Timorese Police Service, members of
various parallel structures — some part of the CNRT
village, district and national structures, including the
Seguranza Civil and persons claiming to be exmembers of the former military wing of CNRT,
FALINTIL — continue to fulfil what they perceive to
be a security role, which often extends to the
enforcement of law and order. The justification claimed
for this is often that the official structures are unable to
maintain security effectively. The situation is, of
course, extremely problematic, as none of those quasisecurity groups are accountable for their actions and
therefore act with impunity. UNTAET has received
reports of human rights abuses by members of such
groups, in particular in relation to returnees. Included
in those reports are instances of unlawful arrests,
“summonsing” returnees to appear before the security
structures in order to question them about their
activities in West Timor, assaults and, in at least one
case, the murder of a returnee while in the custody of
one of the groups. In other cases, individuals have used
the guise of a security group to cover illegal activities,
including extortion, threats and intimidation for
political purposes.
59. With the dissolution of CNRT on 9 June 2001, the
security groups linked to the organization were
formally disbanded. There has already been a
suggestion that the security groups should now report
directly to the village chief. UNTAET is concerned that
this may lead to potential abuses of power, in particular
in the run-up to the election.
2. Human rights and political activity
60. Several political parties have adopted platforms
advocating political tolerance and the protection of
human rights. However, concerns linger that the 1975
political climate may be reintroduced and violence may
occur during the election campaign. That concern has
been supported in part by a series of skirmishes that
have taken place during 2001 between followers of
East Timorese political groups, which led to the
detention of 13 people on 8 March 2001 in Baucau.
Their detention subsequently resulted in an eruption of
violence, including the burning of the Baucau Mosque.
61. Sporadic outbreaks of violence have not been the
only concern regarding the conduct of political parties.
At the end of 2000 and the beginning of 2001, party
workers of the Frente Revolucionária do Timor Leste
Independente (Revolutionary Front for an Independent
East Timor, FRETILIN) “registered” all “supporters”.
UNTAET has received reports that some villagers felt
obliged to register themselves and their families as
sympathizers if not militants. FRETILIN have also
been accused of warning individuals to vote for them
or suffer the consequences, while both Democratic
Republic of East Timor (RDTL) supporters and the
Timorese Democratic Association have been accused
of trying to prevent individuals from participating in
the civil registration process, which is required in order
to vote in the August elections. For its part, the Human
Rights Unit seeks to address those issues mainly via its
civic education programme, through which the Unit
promotes the idea of breaking with the past and the
need for political parties to be tolerant of each other.
IV. Ongoing and future key areas of
work to promote and protect
human rights in East Timor
62. The mandate of UNTAET as transitional
government expires on 31 January 2002. The United
Nations is therefore currently engaged in a process of
assessing the extent to which the new independent East
Timorese Government will require ongoing technical
assistance. Experience reveals that a post-conflict
situation is often accompanied by the creation of a
fertile environment for future institutionalized
violations of human rights. Signs of the potential
problem are already apparent in East Timor and it is
imperative that a strong human rights presence remain
there to ensure that that fertile environment is not
exploited. OHCHR and the Human Rights Unit have
identified a number of areas as requiring immediate
and medium-term United Nations technical assistance
to support the new East Timorese Government’s efforts
to promote and protect human rights.
63. Progress in East Timor in investigating and
prosecuting suspects for the serious crimes committed
in East Timor in 1999 has been slower than hoped for.
Further attention and resources must be devoted to
ensuring that the process of investigation and
prosecution is speeded up, taking account, for instance,
of the risk of deterioration of evidence.
64. The nascent East Timorese judicial system is only
functioning in part. In order to build a judiciary from
the ground up with only very limited human resources
available and a largely destroyed infrastructure requires
long-term commitment and considerable resources.
Assistance will be required to support the training,
continuing professional development and adherence to
ethical standards by the judiciary, prosecutors, public
defenders and other legal and judicial officials.
Attention will also be required to focus on
satisfactorily addressing the inadequate remuneration
and other poor conditions of service and risks to
personal safety. Independent monitoring mechanisms
of the judicial and legal process will be required. Most
important for a newly democratic State will be the need
to educate the East Timorese public about the new
system of justice in order to develop the confidence of
the people that it will indeed deliver justice.
65. The new East Timorese Government will need to
ensure that all legislation adopted is consistent with
international human rights standards. Training will be
required to ensure that those who interpret and
implement the law do so in accordance with
international standards.
66. The recent experience of many newly
democratized countries has demonstrated the critical
need for a constitution based firmly on democratic
principles, containing a strong bill of rights in full
conformity with international standards and
establishing one or more institutions in support of
democracy, such as a national commission on human
rights. Experience has also shown that it is important
for such a constitution to be adopted as soon as
possible and to enter into force, at least provisionally,
at the same time as the newly elected democratic
Government accedes to power. This is because during
the period before the accession to power of a new
Government the greatest consensus exists among all
political parties and civil society over the need for a
strong bill of rights and effective democratic
institutions to be enshrined in the new constitution.
That period also coincides with the time when the
public is generally most interested in national affairs
and can be effectively mobilized to participate in the
historic constitution-making process. It should be noted
that such public consultation and participation is a key
element in ensuring the ultimate accountability of a
new Government to the people. Most importantly, the
Timorese themselves have expressed interest in recent
constitutional hearings for the protection of human
rights to be enshrined in their first constitution.
67. Non-governmental organizations in East Timor
played an active and vital role in the resistance
movement and worked towards the common goal of
independence. Of real concern to the non-governmental
organizations now is the continuing evolution of their
role, which in 2001 moved towards the more traditional
role for a non-governmental organization of monitoring
the human rights situation, providing analysis and
advice to the Government and conducting human rights
training. It is possible that, following the departure of
UNTAET, there may be a tendency by the new East
Timorese Government to exclude the participation of
non-governmental organizations in its work.
68. Another concern affecting the future viability of
non-governmental organizations is the flow of nongovernmental organizations staff to ETTA. More may
choose to stand for election on 30 August. Others have
been given opportunities internationally. Thus, many of
the more experienced members of the nongovernmental organizations community will no longer
be playing a leading role in that arena.
69. The newly established judiciary, the East Timor
Police Service, the East Timor Defence Force and staff
of the civil service all require ongoing training in
human rights. The general public has also had no
exposure to a culture of human rights. Without a solid
foundation, the promotion and protection of human
rights will not become an integral part of the East
Timorese State.
70. Upon independence, East Timor will be in a
position to ratify the key international human rights
instruments. Technical assistance will be required both
for the ratification process itself and for compliance
with reporting obligations to the relevant treaty bodies.
71. The joint OHCHR/UNTAET training for the East
Timorese Police Service was their first exposure to
human rights training. Most participants had had less
than two years’ experience in the police. That overall
lack of experience represents a major challenge for the
East Timorese to assume, by 2002, full responsibility
in the country for maintaining law and order. Among
the areas needing attention are human rights and police
investigations, arrest procedures, policing public
gatherings and the use of force and firearms. It will
also be important to establish effective mechanisms for
monitoring, investigating and preventing abuses within
the police.
72. The Reception, Truth and Reconciliation
Commission will have a mandate to investigate
violations of human rights committed in the context of
the political conflict from 25 April 1974 to 25 October
1999. The mandate will be for two years, with a
possible extension of six months, and the Commission
will be led by between five and seven national
commissioners who will be appointed by a panel made
up of representatives of civil society, the church and
political parties who were active in 1974. Funding for
the Commission must be raised outside the national
budget and the Commission will require ongoing
technical assistance.
73. Tolerance, acceptance of minorities and a
rejection of a past ridden with violations of human
rights are the only way forward to true reconciliation.
This must be the basis on which to overcome the lack
of protection mechanisms available for minorities. In
addition, education regarding gender equality and
women’s rights will continue to be required in all
spheres of life, in particular in the political domain, as
will analysis of the use of traditional dispute resolution
mechanisms in order to ensure that the state apparatus
is complying with its international legal obligations.
The challenge of protecting returnees, facilitating their
integration and promoting reconciliation will remain
vital to the continuing stability of independent East
Timor.
74. Since October 1999, human rights monitoring by
both UNTAET and non-governmental organizations
human rights monitors has assisted in the process of
identifying needs in the development of East Timor’s
new institutions. From its inception, the newly
independent East Timor Government will face the huge
task of establishing and consolidating the key
institutions that will be required for the legislative,
judiciary and executive branches of power to assume
their respective responsibilities of establishing a
functioning system of the rule of law based on
principles of human rights. Independent human rights
monitoring across the country will continue to be
essential for the development of strong institutions that
uphold law and order and also in ensuring a stable
political environment.
75. Monitoring of the developing institutions in East
Timor will provide the future independent Government
and civil society with impartial, objective informative
feedback on how well the newly created institutions are
functioning, highlighting areas needing corrective
action, improvement and reform. Such a programme
would provide the Government with a solid and
reliable factual basis for monitoring the functioning of
those institutions, drawing attention to problem areas
and designing corrective measures and appropriate
responses.
76. The continuing presence of illegitimate security
forces and the illegal activities of political parties need
to be monitored and addressed. Continued independent
monitoring of human rights will also be vital for, in
particular, the safe return of those refugees in West
Timor who wish to return, many of whom fear reprisal
upon return, which has potentially serious
consequences for the security and stability of
independent East Timor. Independent monitoring
across East Timor will go some way to ensuring that
those refugees who choose to return will feel more
secure in doing so.
V. Recommendations
77. In facing the challenge of strengthening new and
vulnerable institutions, it will be essential to develop
strong mechanisms for the protection of human rights,
including rights based, inter alia, on provisions of the
constitution, legislation, government structures and
procedures. Taking into account the ongoing human
rights situation in East Timor, with both the potential
for escalation and the challenge of prevention, the High
Commissioner recommends that a sturdy United
Nations human rights component fully equipped to
address the situation be maintained in the period
following the UNTAET mission.
78. As in all steps to promote and protect human
rights, consideration of the interests of women must be
central. Adequate attention and resources are required
to address the particular obstacles women face in the
exercise of their rights. The implications for women of
any legislation adopted or policy pursued must be
assessed and addressed by the new Government of East
Timor.
79. The High Commissioner reaffirms her call for
justice for grave violations of human rights and
humanitarian law and that the perpetrators of the
serious crimes of 1999 be speedily prosecuted under
the law. At the present critical moment, just a few
months before East Timor reaches long-awaited
independence, the High Commissioner reiterates her
call upon the East Timorese, UNTAET, the Indonesian
leadership and other relevant actors in the international
community to ensure that the necessary human and
material resources are made available and that the
political will is galvanized to ensure that justice is
done. For, while appreciating the need in East Timor
for reconciliation and the need to move forward, there
is also a need to ensure that serious crimes do not go
unpunished. Impunity for such crimes and a return to
the legal fold for the perpetrators would undermine
from the very beginning the capacity to build in a
credible manner a culture embodying respect for the
rule of the law, where the equality of all before the law
is a cardinal principle.
80. In that regard, the High Commissioner
recommends that UNTAET and ETTA, in cooperation
with OHCHR, draw up plans to ensure the unhampered
continuation of the tasks of the Serious Crimes Unit
during the winding-down phase of UNTAET and
following the end of the mission. The completion of its
tasks must not be subjected to the expiration of the
mandate of UNTAET and must continue until the most
serious crimes have been prosecuted.
81. The High Commissioner notes that a serious lack
of resources, both human and material, in the Serious
Crimes Unit has continued to prevent investigations
from being undertaken in connection with the
overwhelming majority of crimes against humanity
committed in 1999. The High Commissioner
welcomes, however, the opening of the Los Palos trial
and recognizes the importance of the holding of that
trial, in accordance with international standards of
justice, and its outcome will have for the people of East
Timor.
82. Notwithstanding the statement of the Indonesian
Foreign Minister to the Secretary-General that “the
national judicial mechanism of the Republic of
Indonesia is functioning and capable of dispensing
justice”9
and the encouragement of the Security
Council to “institute a swift, comprehensive, effective
and transparent legal process, in conformity with
international standards of justice and due process of
law”,10 the High Commissioner notes with concern that
not one case arising from the 1999 violence has been
concluded in Indonesia.
83. The High Commissioner welcomes the decision
of the Government of Indonesia to revise the
Presidential Decree establishing the ad hoc court for
East Timor so as to include reference to cases that took
place before the popular consultation and reiterates her
call for the revision to take place with all speed. In that
regard, the High Commissioner renews her offer to
provide technical cooperation to the Government of
Indonesia to support the administration of justice and
recalls that her Office has drawn up a full programme
in that connection, to be implemented when the
existence of the appropriate conditions makes it
possible.
84. The High Commissioner also recalls the
recommendation of the International Commission of
Inquiry on East Timor that:11
“Future action with regard to the violations of
human rights in East Timor should be governed
by the following human rights principles: the
individual’s right to have an effective remedy for
violations of human rights, which includes the
State’s responsibility to investigate violations,
prosecute criminally and punish those
responsible; the individual’s right to reparation
and compensation for violations of human rights
from the State responsible for the violations; the
need to act against impunity in order to
discourage future violations of basic human
rights”.
The High Commissioner also recalls the
recommendation of the International Commission that
the United Nations establish an international human
rights tribunal consisting of judges appointed by the
United Nations to receive complaints and to try and
sentence those accused of serious violations of
fundamental human rights and international law that
occurred in East Timor in 1999.12
85. The High Commissioner recognizes the enormous
difficulties and challenges posed by the need to
establish a judicial and legal system from the very
beginning and appreciates the efforts of UNTAET and
ETTA, in particular the Department of Judicial Affairs
and the Human Rights Unit, in putting in place the
building blocks for that process. Nonetheless, the High
Commissioner notes that the judiciary is yet to become
self-sustainable, resulting in serious shortcomings in
the law. The High Commissioner therefore
recommends that UNTAET, ETTA and the new East
Timorese Government ensure the provision of
resources, training and support for the development of
a judicial system premised upon respect for the rule of
law. Taking into account the long-term nature of the
sustainability of the judiciary, the High Commissioner
calls upon donors to provide adequate funding for that
process.
86. Given the complexity of the current legal
framework in East Timor, the High Commissioner
recommends that legislative reform and drafting, in
accordance with international human rights standards,
continue to be a high priority. The High Commissioner
renews her offer to provide ongoing technical
cooperation to assist in the drafting of legislation and
in the interpretation and implementation of those
standards.
87. The High Commissioner recognizes that the
process of constitution-making is an important
opportunity for the East Timorese to define the aims
and scope of the structures of power. Accordingly, the
High Commissioner encourages UNTAET, ETTA and
the new East Timorese Government to ensure that the
process leading towards the adoption of a constitution
is a thoroughly consultative and participatory process.
That process is already under way and should be
continued as a matter of priority. The sense of priority,
however, must be balanced by the requirement that the
East Timorese be given adequate time and access to
adequate information in order to participate fully in
discussions on the new constitution. Furthermore, the
timetable envisaged for the consultation process and
election of the Constituent Assembly is short.
88. The High Commissioner encourages detailed
discussion of the way in which the constitution might
best protect the human rights of all East Timorese and
reaffirms her call for the international human rights
standards to which East Timor has already committed
itself to be reflected in appropriate provisions of the
constitution. Such a step would ensure that the
foundation of the newest member of the United Nations
is based upon respect for human rights and
fundamental freedoms for all without distinction.
89. The High Commissioner calls upon UNTAET,
ETTA and the new East Timorese Government to
recognize fully the unique role and contribution of nongovernmental organizations, both in the past and in the
future and to ensure that they continue to play an
integral part in the development of East Timor. They
should also encourage and facilitate participation of the
wider civil society in community affairs.
90. The High Commissioner welcomes the efforts of
UNTAET and international and East Timorese nongovernmental organizations to ensure that human rights
education is as widespread as possible throughout East
Timor. At the same time, the High Commissioner
recognizes the fundamental need to further such
education in all spheres of society in East Timor.
91. The High Commissioner strongly encourages the
new East Timorese Government to ratify all key
international human rights instruments at the earliest
possible opportunity. The High Commissioner also
advises that sufficient technical assistance should be
made available to assist the new Government to
implement its international legal obligations and
comply with reporting obligations. To do so would
assist East Timor in building a society based upon a
culture of human rights, entrenched through the rule of
law.
92. Following on from the human rights training
provided by OHCHR and UNTAET to the East
Timorese Police Service and the Civilian Police, the
High Commissioner strongly endorses the calls by
UNTAET that human rights training be integrated into
the police training curriculum. In that regard, the High
Commissioner welcomes the positive reception to those
calls by the Director of the East Timor Police Training
College.
93. The High Commissioner encourages
consideration of formal mechanisms to promote and
protect human rights in East Timor, including the
possible establishment of an independent national
human rights institution in accordance with standards
adopted by the United Nations. In that regard, the High
Commissioner welcomes the initiative of UNTAET to
assist a working group of non-governmental
organizations to consider the various mechanisms and
institutions appropriate for East Timor. The High
Commissioner reiterates the need for civil society to be
involved in the development of any governmental
initiative that addresses human rights concerns and for
adequate training and resources to be provided for
agencies whose work has a direct impact on the
individual’s enjoyment of those rights.
94. The High Commissioner congratulates those
involved in the events leading to the adoption of the
regulation on the establishment of the Reception, Truth
and Reconciliation Commission. The High
Commissioner recognizes the importance that
mechanism can play, as a complement to the judicial
process for serious crimes, and encourages donors to
provide the required resources to the Commission.
95. The High Commissioner notes with concern the
situation of ethnic and religious minorities in East
Timor and calls upon UNTAET, ETTA and the new
East Timorese Government to provide protection
mechanisms in order to ensure that the East Timorese
minorities live peacefully with their indigenous East
Timorese neighbours.
96. The High Commissioner calls upon UNTAET,
ETTA and the new East Timorese Government to find a
solution based on international human rights standards
for persons still living in the Dili Mosque. The High
Commissioner also calls upon UNTAET, ETTA and the
new East Timorese Government to introduce legislation
protecting minorities and to amend any legislation that
allows for illegal discriminatory behaviour.
97. The High Commissioner vigorously supports the
work of UNTAET in its efforts to encourage the
protection and promotion of women’s rights. Moreover,
though recognizing that in certain instances it may be
appropriate to recommend that a problem be solved
through traditional means, she affirms that violence
against women should be seriously addressed in both
criminal law and practice.
98. The High Commissioner recommends that
UNTAET, ETTA and the new East Timorese
Government ensure the preparation and facilitation of
conditions for the safe return of internally displaced
persons and refugees from West Timor.
99. The concerns raised by the behaviour of certain
political groups, who have acted in a manner indicating
a belief that they are not accountable to the authorities,
including through the maintenance of security groups
existing without legal authority in parallel to the
legitimate police and defence forces, illegal detention
and interrogation of returnees and other individuals and
the use of threats and intimidation for political goals,
require more attention from the legitimate authorities.
The High Commissioner calls upon UNTAET, ETTA
and the new East Timorese Government to pursue
vigorously the establishment of a climate of
accountability and respect for the rule of law.
100. The High Commissioner welcomes the important
role that human rights must play in forming the
bedrock of a democratic society and encourages
UNTAET, ETTA and the new East Timorese
Government to ensure that human rights values are at
the centre of daily political activity.
Notes
1 The mandate of UNTAET is set out in Security Council
resolution 1272 (1999), which established UNTAET as
the transitional administration in East Timor as follows:
to provide security and maintain law and order
throughout the territory of East Timor; to establish an
effective administration; to assist in the development of
civil and social services; to ensure the coordination and
delivery of humanitarian assistance, rehabilitation and
development assistance; to support capacity-building for
self-government; and to assist in the establishment of
conditions for sustainable development.
2 The responsibilities of ETTA follow from the UNTAET
mandate and ETTA exists within UNTAET, with a
separate budget. Part of the UNTAET mandate includes
establishing an effective administration, supporting
capacity-building for self-government as well as
assisting in the establishment of conditions for
sustainable development. To accomplish those
objectives, the Transitional Administration (the Special
Representative of the Secretary-General) initially created
a component of the UNTAET mission known as the
Governance and Public Administration, which was
overseen by the Deputy Special Representative of the
Secretary-General). The role of the Governance and
Public Administration was to create an initial framework
for the establishment of the future Government and to
begin nation-building. International staff, in charge of
both international and local staff, initially managed each
of the departments of the Governance and Public
Administration, such as Land and Property, Civil Service
and Agriculture.
In July 2000, CNRT and UNTAET jointly agreed
to restructure the mission and transformed the
Governance and Public Administration into the East
Timorese Transitional Administration (ETTA), in order
to increase the direct participation and political
responsibility of the East Timorese in furtherance of
Security Council resolution 1272 (1999). All Cabinet
officers are answerable to the Special Representative of
the Secretary-General. Within ETTA, several East
Timorese have been appointed heads of departments and
all district administrators are East Timorese.
Nothing in this new governmental structure affects
the overall responsibility for East Timor that the
Security Council in its resolution 1272 (1999) has given
to UNTAET; rather, it seeks to further the UNTAET
mandate to build the capacity of the East Timorese for
self-government and to create conditions for sustainable
development.
3 UNTAET Regulation No. 2000/15 on the Establishment
of Panels with Exclusive Jurisdiction over Serious
Criminal Offences defines “serious crimes” as genocide,
war crimes, crimes against humanity, murder, sexual
offences and torture.
4 For instance, only nine East Timorese public defenders
and three international public defenders serve on both
the serious crimes and ordinary crimes panels in each of
the four district courts.
5 In Suai, though there is a panel of three judges, one
investigating judge and two prosecutors, there are no
permanent public defenders. In Oecussi, there is one
prosecutor and one investigating judge, but there is no
judge or permanent public defender. Although there are
no permanent public defenders in those courts, a system
of mobile public defenders has been put in place until
such time as it will be possible to have permanent public
defenders in all courts.
6 UNTAET reported that, at the time of writing, a further
four public defenders were being recruited by the
Department of Justice.
7 UNTAET reported that, as at 6 July 2001, 24,408 people
had participated in over 250 hearings held in the 13
districts.
8 Findings of the International Observers on the
Registration of East Timorese in Nusa Tenggara Timur,
13 June 2001. Brunei Darussalam, Japan, Korea,
Malaysia, Mozambique, Norway, the Philippines,
Portugal and Thailand, UNTAET and the International
Organization for Migration sent observers.
9 Letter dated 26 January 2000 from the Minister of
Foreign Affairs of Indonesia to the Secretary-General
(A/54/727-S/2000/65, annex).
10 Letter dated 18 February 2000 from the President of the
Security Council to the Secretary-General in connection
with the report of the International Commission of
Inquiry on East Timor (S/2000/137).
11 Report of the International Commission of Inquiry on
East Timor (A/54/726-S/2000/59, annex, para. 148).
12 Ibid., para. 153. | [
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448094 | United Nations A/56/187
General Assembly Distr.: General
12 July 2001
English
Original: Arabic/English/Spanish
01-45925 (E) 140801 240801
*0145925*
Fifty-sixth session
Item 83 of the preliminary list*
Establishment of a nuclear-weapon-free zone
in the region of the Middle East
Establishment of a nuclear-weapon-free zone in the region
of the Middle East
Report of the Secretary-General**
Contents
Paragraphs Page
I. Introduction .......................................................... 1–2 2
II. Observations.......................................................... 3–4 2
III. Replies received from Governments................................................ 2
Belgium*** ................................................................... 2
Egypt......................................................................... 3
Mexico ....................................................................... 4
Syrian Arab Republic ........................................................... 5
* A/56/50.
** The present report includes replies received from Member States up to July 2001.
*** On behalf of the States Members of the United Nations that are members of the European Union.
I. Introduction
1. In paragraph 10 of its resolution 55/30 of 20
November 2000, the General Assembly requested the
Secretary-General to continue to pursue consultations
with the States of the region of the Middle East and
other concerned States, in accordance with paragraph 7
of resolution 46/30 of 6 December 1991 and taking into
account the evolving situation in the region, and to
seek from those States their views on the measures
outlined in chapters III and IV of the study annexed to
his report (A/45/435) or other relevant measures, in
order to move towards the establishment of a nuclearweapon-free zone in the Middle East. In paragraph 11
of the same resolution, the Assembly also requested the
Secretary-General to submit to it at its fifty-sixth
session a report on the implementation of the
resolution. The present report is submitted pursuant to
that request.
2. On 16 February 2001, the Secretary-General
addressed a note verbale to all Member States drawing
attention to paragraph 10 of resolution 55/30 and
seeking the views of Member States on the matter.
Replies were received from Belgium (on behalf of the
States Members of the United Nations that are
members of the European Union), Egypt, Mexico and
the Syrian Arab Republic. The text of those replies is
reproduced in section III below and any additional
replies from Member States will be issued in an
addendum to the present report.
II. Observations
3. The issue of the establishment of a nuclearweapon-free zone in the region of the Middle East
continues to be high on the agenda of the international
community. In that context, measures with regard to
the Middle East, especially the implementation of the
1995 Resolution on the Middle East, were included in
the Final Document1
of the 2000 Review Conference of
the Parties to the Treaty on the Non-Proliferation of
Nuclear Weapons (“the Non-Proliferation Treaty”),
which was adopted by consensus. The agreements
reached also reaffirmed the broad measure of support
for the establishment of such a zone in the region of the
Middle East. It is to be regretted that no further
progress has been achieved since.
4. The Secretary-General has on several occasions
carried out various consultations with concerned
parties within and outside the region in order to explore
further ways and means of promoting the establishment
of a nuclear-weapon-free zone in the Middle East,
taking into account the evolving situation in the region
as well as the continuing efforts by the Arab States to
establish such a zone. It is clear that the realization of
that goal requires the participation of all States of the
region, as well as other interested States, including the
nuclear-weapon States. Adherence to the NonProliferation Treaty2
and full implementation of its
provisions are essential steps towards that goal. The
Secretary-General firmly believes that the multilateral
Working Group on Arms Control and Regional
Security could play a useful role as a forum for
discussing a broad range of arms control, disarmament
and confidence-building measures, including the
establishment of a nuclear-weapon-free zone in the
region. It is therefore important that the parties of the
region and other States concerned reach an early
agreement on a comprehensive agenda for the Working
Group so that it can commence formal activities as
soon as possible. The Secretary-General calls on all
concerned to review the situation in order to resume
discussions with a view to developing practical
concepts aimed at reaching a common position. The
Secretary-General also reaffirms the continued
readiness of the United Nations to provide any
assistance deemed helpful in that regard.
III. Replies received from
Governments
Belgium*
[Original: English]
[16 July 2001]
1. The European Union recalls the guidelines on the
establishment of nuclear-weapon-free zones, adopted
by the Disarmament Commission at its 1999 session,3
stipulating that the establishment of nuclear-weaponfree zones should be based on arrangements freely
arrived at by the States of the region.
2. The European Union also takes note of Security
Council resolution 687 (1991), recalling the goal of
* On behalf of the States Members of the United Nations
that are members of the European Union.
establishing in the Middle East a zone free from
weapons of mass destruction and all missiles for their
delivery.
3. The European Union further recalls the
conclusion of the report of the Secretary-General of
10 October 1990 (A/45/435) that the nuclear threat can
be effectively and permanently eliminated only as a
pattern of sound regional security relationships is
developed.
4. The European Union recognizes the importance
of confidence-building measures, such as nuclearweapon-free zones, as an integral part of a
comprehensive, regional security arrangement, based
on peaceful and friendly relations between all States in
the Middle East. The Union stresses that the creation of
a secure and stable environment for all States, which
would facilitate the establishment of a zone free from
weapons of mass destruction, is first and foremost the
responsibility of the States in the Middle East.
5. The European Union has repeatedly called on all
States to adhere to the Non-Proliferation Treaty and
recalls the decisions and the resolution on the Middle
East adopted by the 1995 Review and Extension
Conference of the Parties to the Treaty on the NonProliferation of Nuclear Weapons and the Final
Document of the 2000 Review Conference. The Union
equally attaches great importance to the universal
adherence to the Comprehensive Nuclear Test-Ban
Treaty (General Assembly resolution 50/245, annex),
the Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons
and on Their Destruction,4
the Convention on the
Prohibition of the Development, Production and
Stockpiling of Bacteriological (Biological) and Toxin
Weapons and on Their Destruction (resolution 2826
(XXVI), annex), and to agreements between States and
the International Atomic Energy Agency (IAEA) for
the application of safeguards with additional protocols,
and considers those treaties and agreements to be in the
best interest of all States, as they constitute important
steps to promoting non-proliferation and disarmament
of weapons of mass destruction, thereby contributing to
international and regional confidence, stability and
peace.
6. The European Union urges the States of the
region to devote themselves to efforts to develop
peaceful and friendly relations, with a view to creating
a secure and stable environment for all States in the
region, thereby rendering possible the establishment of
a zone free from all weapons of mass destruction and
their means of delivery in the Middle East.
Egypt
[Original: English
[18 July 2001]
1. Egypt’s commitment to the establishment of a
nuclear-weapon-free zone in the Middle East is
unquestionable. It was at the request of the Islamic
Republic of Iran and Egypt that the item entitled
“Establishment of a nuclear-weapon-free zone in the
Middle East” was first inscribed on the agenda of the
General Assembly in 1974. Since that date, the
Assembly has annually adopted a resolution, by
consensus since 1980, on the matter. Throughout the
years, Egypt continued to play a consistently leading
role in promoting the objective of ridding the Middle
East of the threat of nuclear weapons.
2. As a State party to the Non-Proliferation Treaty
and a signatory to the African Nuclear-Weapon-Free
Zone Treaty (the Pelindaba Treaty), Egypt has clearly
and unambiguously demonstrated its rejection of the
nuclear option, which represents a major threat to
peace, security and stability in the Middle East. Today,
Egypt notes that all States of the Middle East have
become parties to the NPT with the exception of Israel,
which regrettably persists in ignoring repeated calls to
join the Treaty and to place all its nuclear facilities
under IAEA full-scope safeguards, thereby
perpetuating a dangerous imbalance in the region.
3. The importance given during the 2000 Review
Conference of the Parties to the Non-Proliferation
Treaty to the establishment of a nuclear-weapon-free
zone in the Middle East is yet another testimony to the
commitment of the international community to the
establishment of such a zone in the region. Further to
the 1995 Resolution on the Middle East, the 2000
Review Conference adopted unanimously in its final
document a reaffirmation for the importance of Israel’s
accession to the Non-Proliferation Treaty and the
placement of all its nuclear facilities under
comprehensive IAEA safeguards. The Conference
recalled that in paragraph 4 of the 1995 Resolution on
the Middle East it had called upon all States in the
Middle East that had not yet done so, without
exception, to accede to the Treaty as soon as possible
and to place their nuclear facilities under full-scope
IAEA safeguards. The Conference noted, in that
connection, that the report of the United Nations
Secretariat on the implementation of the 1995
Resolution on the Middle East stated that several States
had acceded to the Treaty and that, with those
accessions, all States of the region of the Middle East,
with the exception of Israel, were States parties to the
Treaty. The Conference welcomed the accession of
those States and reaffirmed the importance of Israel’s
accession to the Treaty and the placement of all its
nuclear facilities under the comprehensive IAEA
safeguards in realizing the goal of universal adherence
to the Treaty in the Middle East.
4. Egypt is cognizant of the fact that the
establishment of a nuclear-weapon-free zone in the
Middle East is a difficult task. Indeed, each region of
the world has its own characteristics and each zone
must be tailored to suit those characteristics. However,
Egypt does not share the view that full-scale peace and
fully developed political and economic relations
between all States of the region are a prerequisite for
the commencement of negotiations on the
establishment of a zone. If such an argument was
correct, it is unlikely that the Treaty for the Prohibition
of Nuclear Weapons in Latin America and the
Caribbean (“the Treaty of Tlatelolco”)5
or even the
Treaty of Pelindaba would ever have been negotiated.
Regrettably, conflicts continue to rage in various parts
of Africa to this very day, yet such conflicts were not
invoked as reasons to prevent negotiations on an
African nuclear-weapon-free zone. To Egypt,
experience has shown that the establishment of
nuclear-weapon-free zones in areas of tension and
conflicts does indeed contribute to easing tensions,
preventing conflicts and developing peaceful relations
and mutual cooperation.
5. For a nuclear-weapon-free zone to be established
in any area of the world, there must inevitably exist a
regional commitment to that objective. Such a
commitment is unquestionably present in the Middle
East, as is testified to by the annual adoption of a
consensus resolution of the General Assembly on the
matter and by the adoption of consensus guidelines by
the Disarmament Commission at its 1999 substantive
session on the establishment of nuclear-weapon-free
zones on the basis of arrangements freely arrived at
among the States of the region concerned. In that
connection, Egypt notes with satisfaction that there is
agreement that the establishment of a nuclear-weaponfree zone in the Middle East as well as the
development of a zone free from all weapons of mass
destruction should be encouraged. Egypt considers that
it is imperative that those commitments be turned into
concrete actions if it is to have a determining and
positive impact on the Middle East peace process.
6. Making negotiations on a Middle East nuclearweapon-free zone contingent upon an ever growing list
of prerequisites is a sure recipe for failure. In Egypt’s
view, the only prerequisite for negotiations to
commence on the establishment of a zone in the
Middle East is that States in the region have the
political will to sit together and commence
negotiations. Viewing the Middle East nuclear-weaponfree zone as no more than an act that “sets the seal on a
durable peace” is not a vision that is shared by Egypt.
A Middle East nuclear-weapon-free zone is in and of
itself an important confidence-building measure and an
act of political reconciliation. Furthermore, arguing
that fully fledged relations of peace must exist before
talks on such a zone can commence, while at the same
time persisting to maintain a nuclear option, clearly
appear as two mutually exclusive and contradictory
arguments. In a region as volatile as the Middle East no
solid and durable peace can be achieved while a
nuclear threat continues to loom over the region.
7. Egypt will continue to pursue the objective of
establishing a nuclear-weapon-free zone in the Middle
East at the earliest time and will, in that context,
continue to seek the support of regional and
extraregional States. Furthermore, Egypt will continue
its endeavours to realize the objective of establishing
such a zone based on the outcome of the 2000 Review
Conference. It will also pursue its April 1990 initiative
for the establishment, in the Middle East, of a zone free
from all weapons of mass destruction. In its
endeavours, it will continue to seek the support of the
international community and of all those who are
committed to ridding the world, at both the regional
and the global level, of the threat of nuclear weapons.
Mexico
[Original: Spanish]
[7 June 2001]
1. Mexico considers that the establishment of
nuclear-weapon-free zones is an effective parallel way
strengthening the nuclear non-proliferation regime.
It noted with interest that the sixth Review Conference
of the Parties to the Non-Proliferation Treaty invited
States, in particular in the Middle East, to reaffirm their
support for practical steps towards the establishment of
a nuclear-weapon-free zone in that region.
2. The initiative on the establishment of a nuclearweapon-free zone in the Middle East is in line with
article VII of the Non-Proliferation Treaty, which
recognizes the right of States to conclude regional
treaties in order to assure the total absence of nuclear
weapons in their respective territories. The
establishment of nuclear-weapon-free zones ensures
the elimination of the threat that such devices represent
and helps to preserve international peace and security
on a trustworthy basis, especially in regions where
tension exists.
3. At the 1995 Review and Extension Conference,
Mexico endorsed the need for specific steps to ensure
the full implementation of the provisions of the
resolution on the Middle East. Implementation of that
resolution is a pressing commitment of the States
parties to the Treaty and accordingly the Final
Document of the sixth Review Conference notes that
the broadening and the establishment of nuclearweapon-free zones on the basis of arrangements freely
arrived at, especially in zones of tension such as the
Middle East, represent a significant contribution
towards a world free of nuclear weapons.
4. Mexico welcomes the fact that the resolution on
the establishment of a nuclear-weapon-free zone in the
region of the Middle East was adopted unanimously.
Syrian Arab Republic
[Original: Arabic]
[15 May 2001]
1. The Syrian Arab Republic has always affirmed its
strong commitment to the establishment of a nuclearweapon-free zone in the Middle East. It expresses its
deep concern at the fact that Israel represents an
insurmountable obstacle preventing the establishment
of such a zone by its refusal to accede to the NonProliferation Treaty. It still maintains that refusal
despite the international community’s repeated
admonition that its intransigent position is causing
great damage to the credibility and universality of the
Treaty and that it is, in practice, preventing the
establishment of a nuclear-weapon-free zone in the
Middle East regardless of the good faith of the other
parties involved and of the various formulas proposed.
2. The Syrian Arab Republic is of the view that
measures for the establishment of the nuclear-weaponfree zone in the Middle East for which the relevant
United Nations resolutions have called will require:
(a) That Israel, the only country in the region
that possesses nuclear installations and a nuclear
stockpile, should accede to the Non-Proliferation
Treaty, place all of its nuclear installations under the
comprehensive safeguards regime of IAEA and
eliminate its entire stockpile of nuclear weapons, all as
an indispensable desideratum for the establishment of
the zone;
(b) That the United Nations provide the proper
framework for serious talks to facilitate joint action by
the countries concerned in the Middle East for the
establishment of a nuclear-weapon-free zone.
Notes
1 NPT/CONF.2000/28 (Parts I and II).
2 United Nations, Treaty Series, vol. 729, No. 10485.
3 Official Records of the General Assembly, Fifty-fourth
Session, Supplement No. 42 (A/54/42), annex I, sect. C.
4 See Official Records of the General Assembly, Fortyseventh Session, Supplement No. 27 (A/47/27),
appendix I.
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