Shawn Donnan, Jakarta – Indonesia and East Timor announced this week they would establish a bilateral "truth and friendship commission" to heal wounds between the two countries left by the 1999 violence in which Jakarta's military and associated militias laid waste to East Timor.
While on the surface the move appears to be a step forward for tiny East Timor, population 800,000, and neighbouring Indonesia, population 220m, human rights groups have been quick to criticise it.
That is because, as even senior Indonesian officials admit, the plan aims to forestall the appointment by Kofi Annan, United Nations secretary-general, of a "commission of experts" to examine the widely criticised delivery of justice so far.
"We hope that the secretary-general will accept this as part of the closure of the events of September 1999," a high-level Indonesian official told the Financial Times. "We don't want this commission [of experts] to come here and go through all the evidence and interview witnesses. This would create an uproar."
Jakarta established a special court on East Timor which began hearing trials in 2002, but the work of that court has been labelled a sham by the international community.
Of the 18 military officers and civilians tried by the court, all but one have been exonerated. The conviction of the final suspect, a prominent militia leader, is being appealed. Jakarta has also refused to co-operate with a parallel process in East Timor under which UN-backed prosecutors have indicted almost 400 people, including senior Indonesian military officers.
As a result, human rights activists say the delivery of justice for the victims of the 1999 violence has been left largely on hold.
Indonesia has "succeeded so far in avoiding any accountability", said Joaquim Fonseca, an East Timorese rights activist. "If the UN gives in to the idea of this 'truth and friendship commission', we can give up on seeing justice done." A diplomat in Dili said if Jakarta was successful in forestalling the experts panel, it could cause damaging delays at a crucial time – the UN-backed prosecutorial team in East Timor is due to disband in May 2005.
East Timor's leadership is keen to smooth over differences with Jakarta, now a key trading partner. This has angered activists and frustrated diplomats and UN prosecutors who have seen political pressure in Dili lead to delays in issuing key arrest warrants.
However, the US, the UK, Portugal and the Netherlands are supporting the idea of a commission of experts and offered to help fund the UN review.