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Statement by New York, 18 May 2001 Mr. President, I should like to congratulate you on your assumption of the Presidency of the Security Council for the month of May and to express appreciation for providing us with the opportunity to address issues related to East Timor and the prevailing situation in East Nusa Tenggara. Similarly, our felicitations go to the Permanent Representative of the United Kingdom for the manner in which he conducted the work of the Council last month. Before proceeding further, Mr. President, I should like to take this opportunity to reiterate and reaffirm the position of my Government towards building a strong foundation for future relations between the peoples of East Timor and Indonesia and to cooperate with UNTAET in helping the territory’s transition to independence. To that end, the Indonesian Government remains fully committed to steadily and constructively resolve the outstanding issues once and for all. These efforts are reflected by the fifth round of meetings held between Indonesia and UNTAET that took place on 15-16 May 2001, in Bali, to address questions relating to registration of refugees, citizenship, pensions for former civil servants, air agreement and postal service, including the Oecussi Transit Agreement. On the latter, it has been agreed that the issue will be discussed at the next Joint Border Committee. It further agreed to payment arrangements for pensions, including the launching of a Joint Appeal for a Special Fund. At the end of the meeting, the Agreed Minutes was subsequently signed by both delegations. Mr. President, Referring to the interim report, I should like to share some comments as to the contents contained therein. On the issue of East Timorese refugees, the Indonesian Government, along with UNTAET, UNHCR and IOM jointly conducted the "information campaign" on 9-11 April 2001. We sincerely hope that this undertaking would expedite the repatriation process since it has proved successful in providing the refugees with the first-hand information on the situation in East Timor and in enabling them to make an informed decision whether to be repatriated to East Timor or resettled in Indonesia. Simultaneously, the refugees are entitled to their right to voice their opinions freely concerning the popular consultations for this is indeed the true meaning of democracy. As regards the allegations of disinformation, we question the report which refers to uncorroborated sources, such as an Indonesian newspaper citing an unnamed local administration official in East Nusa Tenggara, as if such actions are attributable to my Government. Yet, the continued imposition of the Phase-5 security category by the United Nations has indeed impeded the return of the refugees. My delegation therefore trusts that the UNSECOORD will dispatch its team to the area no later than this month. Meanwhile, the planned registration for the 6th of June is expected to take place as scheduled preceded by a socialization process from 21 May to 5 June 2001 to which UNTAET is invited to participate in. So too have thirty-two diplomats from Jakarta been extended invitations to witness the registration process on 6th June 2001. This can be undertaken due to the improved security in and around the refugee camps. Thus, we fail to understand the assertion that the security situation “remains unpredictable”. Let me assure this august body that the Indonesian Government, on its part, has done and will continue to do its utmost in promoting security, law and order. These results have been widely acknowledged like the Report of the Portuguese Parliamentary Delegation during its visit to Australia, Indonesia and East Timor from 22 February to 8 March 2001. Similar observations were made by UNTAET’s Head of the Political Affairs Department, Ambassador Galbraith at the last Bali meeting who stated that occurrences of security incidents have been minimal. As regards ‘cross-border’ incidents, the responsibility to prevent such incidents from occurring rests with both Indonesia and UNTAET, as manifested through the holding of regular coordination sessions to maintain law and order in those regions. Regretfully, five UNPKF soldiers had recently entered East Nusa Tenggara and went so far as questioning and checking the identifications of Indonesian local people. Fortunately, the prompt intervention of the local Military Commander prevented the incident from getting out of hand. Indeed, Mr. President, there can be no justification for any party to over-reach or go beyond their mandate. Mr. President, On the issue of justice and impunity, let me once again reiterate, my Government’s unswerving commitment to bring to justice those responsible for human rights violations. It should be noted that Presidential Decree No. 53/2001 has established ad hoc human rights courts to adjudicate documented cases of human rights abuses in East Timor in 1999 and Tanjung Priok in 1984. It is also to be noted that the implementation of the Memorandum of Understanding regarding Cooperation in Legal, Judicial and Human Rights related Matters requires the consent of the Parliament to be in full conformity with the Indonesian legal system. With regard to the criminal trials of the six accused for the killings of the three UNHCR workers in Atambua in September 2000, on 4 May 2001, despite the verdict handed down by the North Jakarta District Court, I wish to emphasize that their trials have not been concluded. On the contrary, the judicial process is still underway as the Prosecutor is now appealing the matter to the High Court, with the possibility of again appealing to the Supreme Court - the highest court in the Indonesian justice system. It is therefore prudent for all concerned parties to refrain from making hasty judgments until a final decision is taken. Mr. President, Closely linked to the problems of refugees and justice is reconciliation which my delegation considers as the key element in resolving comprehensively the issue of East Timor. It is the firm position of my Government that a genuine reconciliation between and among the East Timorese would become the solid foundation whereby an atmosphere for peace and harmony could be promoted and thus eradicate the root causes of conflict. It is important to emphasize that reconciliation and retribution do not go hand-in-hand. For the process of reconciliation to be truly successful requires bridging vast differences while leaving past tragic incidents to history. Hence, true justice and stable peace have to be achieved in tandem and in a balanced manner. Ultimately, it is only for the East Timorese people themselves to determine the path to be taken in order to be one nation and people. Thus, it is incumbent upon the international community to support and promote such endeavors. In other words, Mr. President, its implementation must not be relegated to a future date but must be pursued as a matter of urgency. It is in this context that on 5-6 May 2001 in Bali, the Government of Indonesia had yet again facilitated reconciliation talks between representatives of the CNRT and the East Timorese refugees in East Nusa Tenggara. By promoting and enhancing direct people-to-people contact between and among the East Timorese, it is hoped that the refugees can gain confidence of the reception that await them on their return to East Timor. It is therefore legitimate in this context to also address the refugees’ genuine concerns regarding their security in East Timor, particularly taking into account the recent brutal acts of violence against returnees. One of the results of the aforementioned reconciliation talks is the request that UNTAET respect the political rights of the East Timorese refugees to participate in the democratic elections in East Timor and not to exclude them for technical reasons. As East Timorese, it is their fundamental and basic human rights to participate in determining East Timor’s future. Moreover, we also welcome the planned visit of Msgr. Basilio do Nascimento to the camps by the end of this month as another step to further promote the reconciliation process. In this context, we sincerely hope that the reconciliation talks between the CNRT and UNTAS, scheduled to be held on 24-26 May 2001, will make significant progress as a follow up of a similar event held in Bali last year which was considered as the milestone as it was the first time both sides had the opportunity to meet and foster harmony and cooperation. Before concluding, Mr. President, I would like to allude to a specific point that to satisfactorily resolve any dispute, including East Timor, it is essential that the reports of the United Nations be impartial, balanced, objective and based on reliable sources of information. Biased and contradictory statements of facts as well as references to unverifiable sources of information can also be prejudicial to the interests of member States. Similarly, we would expect media sources and so-called unnamed sources to demonstrate a greater sense of ethical responsibility. As Indonesia is in the transitional period towards full democracy, my Government has through a process of dialogue and cooperation with the international community worked to strengthen legal mechanisms. At the present time, Indonesia is in the process of finalizing with the Office of High Commissioner for Human Rights a Technical Assistance for the Enhancement of Capacity of the Indonesian Administration of Justice Sector for the Prosecution of Human Rights Violations. Finally, Mr. President, over the long term and in anticipation of the post-UNTAET East Timor, my Government seeks to establish a durable, wide-ranging and mutually beneficial relationship with East Timor. Trade, investment as well as cooperation in the socio-cultural fields will be central to this effort. Therefore, the creation of conditions conducive to the interaction of the people of East Timor and the people of the neighboring Indonesian province of East Nusa Tenggara is important. For the legal and political separation of East Timor from Indonesia cannot erase the reality of the centuries-old societal and family links between them. Hence, when UNTAET completes its mandate, it is our sincere hope that these links will flourish. I thank you Mr. President.
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