Jon Land – The confrontation on July 24 between pro-Jakarta militia forces from West Timor and a detachment of New Zealand soldiers from the United Nations peace-keeping force – the third such incident along the western border since the end of May – highlights again the serious threat that the militia gangs pose. The government of Indonesian President Abdurrahman Wahid, which has promised repeatedly to disband and disarm the militia in West Timor, appears incapable or unwilling to do so.
In response to the deadly clash, East Timorese leader Xanana Gusmao stated, "There are people in Indonesia who are not interested in Indonesia's democratic process, nor in the process of creating an independent East Timor".
United Nations Transitional Administration in East Timor (UNTAET) chief Sergio de Mello warned that the incident "endangers everything we have done".
He added that "there is no danger at the level of internal security. The only danger that exists comes from West Timor."
Peace-keeping force commanders have expressed concern and surprise at the militias capabilities. Militia incursions into East Timor since April indicate that they are better armed and trained than previously thought, raising suspicions that the Indonesian military (TNI) are continuing to support and direct the militia's activities.
The militia gangs stepped up their intimidation of East Timorese refugees in camps across West Timor during July. The camps are the bases from which the militias and their TNI backers operate.
While the International Office of Migration resumed low-scale repatriation of refugees on July 25, the UN High Commission for Refugees has stated that it may pull out altogether if the security situation in West Timor continues to deteriorate. The refugee crisis in West Timor has been further complicated by the arrival of around 5000 refugees fleeing violence in Maluku province. More are expected to arrive in coming weeks.
The peace-keeping force has stated that it believes members of the Laksaur militia were involved in the July 24 incident. The Laksaur gang has terrorised and killed East Timorese villagers throughout the Covalima district of East Timor since February last year (Laksaur members are likely to have been involved in the massacre at the Suai Cathedral in September, when more than 100 people were shot and hacked to death and then incinerated by militia and TNI soldiers).
Also on July 24, some 3000 militia members and supporters staged a rally in Kupang, West Timor's capital. They were protesting outside the provincial prosecutor's office, where a team of investigators from the Indonesian commission of inquiry into human rights abuses in East Timor began questioning former members of the Indonesian civil administration in East Timor and militia leaders.
According to the July 25 Indonesian Observer, the protesters, who called themselves the "Children of the Victims of East Timorese Violence , argued that the questioning of the militia leaders was unfair. A representative of the group warned that if there was not a "balanced" approach to the investigations "there will be no peace and reconciliation".
It is unclear which, if any, of the main militia leaders have been questioned by the investigative team in Kupang. Deputy leader of the militia forces, the infamous Eurico Guterres, has failed to appear before the investigative team in Jakarta since being summoned to do so in April and has ignored requests to do so in Kupang.
Guterres and other militia members, though known to be responsible for murder and kidnapping, remain free to conduct their activities throughout West Timor and Indonesia.
On July 27, Guterres was spotted at a rally in Jakarta organised by Megawati Sukarnoputri's Indonesian Democratic Party-Struggle (PDI-P) marking the attack upon the PDI-P office in 1996 by the military and paid thugs. On the previous day, Guterres' trial on the charge of illegally carrying weapons (a crime which carries a penalty of up to seven years imprisonment) was thrown out of the Kupang district court because the judge could not determine whether he was a civilian or part of the Indonesian military.
Indonesian legal and human rights organisations believe that the investigations into human rights abuses conducted in East Timor will not bring the militia leaders and those responsible for them within the military to account. Prominent human rights lawyer Todung Mulya Lubis told the July 21 Indonesian Observer, "I have serious doubts concerning the team's independent stance as long as there are TNI and police members in it. If they still go forward with that composition, it will be impossible to avoid bias."
Lubis fears for the safety of East Timorese witnesses who may be called before the investigative team in Jakarta. Militia members have staged protest actions at the attorney-general's office and are known to meet regularly with government officials and TNI personnel. In May, the Jakarta office of Solidamor, an Indonesian non-government organisation in solidarity with East Timor, was ransacked and its staff beaten and stabbed by thugs believed to be militia members.