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COMMISSION ON HUMAN RIGHTS AT ITS FOURTH SPECIAL SESSION, BY THE ECOSOC AT ITS RESUMED SESSION NEW YORK, 15 NOVEMBER 1999
On Monday, 15 November 1999, the Economic and Social Council met in resumed session to consider the Report of the Fourth Special Session of the Commission on Human Rights. Indonesia rejected the draft decision adopted at the Fourth Special Session of the Commission on Human Rights in Geneva, on the grounds that the process for convening the special session was seen to be both politically motivated and legally defective. The Fourth Special Session was convened only because the Office of the High Commissioner for Human Rights circumvented the rules of procedure. The process that was followed has set a dangerous precedent for the Commission on Human Rights and cast doubt on the objectivity and neutrality of the High Commissioner. In view of what can only be described as a severely defective and biased process, Indonesia was compelled to reject the outcome. Indonesia fully recognizes and accepts its responsibility to promote and protect human rights, and while it is not legally bound by the decision adopted by the Council, remains committed to extending all cooperation with United Nations human rights mechanisms. Indonesia will hold accountable its nationals and those within its jurisdiction found to have perpetrated human rights abuses during the post-ballot period in East Timor. For that purpose, Indonesia's National Commission on Human Rights did establish a Fact-finding Commission to Investigate Post-Ballot Human Rights Violations in East Timor, which has begun its work and issued preliminary results. Indonesia is fully aware of the concerns expressed by certain delegations to proceed as quickly as possible to consider the report of the Commission on Human Rights on the special session. It must be recalled, however, that the report was not made available, nor were the programme budget implications, as called for in the rules of procedure. Moreover, the Bureau of the Council, despite the request from the High Commissioner, does not have the authority to grant an early endorsement of an issue that is pending before the Council. Indonesia nevertheless exhibited flexibility on the "six week rule" regarding availability of documentation and has worked within the rules of procedure to move the process along. The decision reached today by the Economic and Social Council was not by consensus, as 10 countries voted to reject the draft decision of the ECOSOC as submitted by Commission on Human Rights, with 11 countries abstaining. Indonesia nevertheless will continue to undertake every effort to determine the facts surrounding the violence in East Timor, and when and where culpability is determined Indonesia will bring to justice those responsible for acts of violence. New York, 15 November 1999 |