Mark Dodd, Dili – East Timor's hope for national reconciliation will take a step towards realisation this year with the introduction of a Commission for Reception, Truth and Reconciliation.
The proposed commission – also aimed at encouraging the return of tens of thousands of refugees from West Timor – is likely to be formally approved next month and functioning by mid-year.
If approved it will provide a long overdue justice measure for thousands of victims of violence committed during Indonesia's 24-year occupation of East Timor. It will also include victims of lesser crimes committed during two weeks of arson and bloody mayhem that swept the territory following the referendum of August 30, 1999.
"We've done consultations in 10 of the 13 districts and the reaction to the proposal of a commission has been overwhelmingly positive," said Mr Patrick Burgess, head of the UN's human rights office in East Timor.
The original idea for a home-grown commission came from the East Timorese and is now being developed with the support of the UN Human Rights Office and Legal Affairs department working with East Timorese women's groups, the local human rights organisation, Yayasan-HAK, the Catholic church and the umbrella independence body, the National Council of Timorese Resistance.
Cases involving rape, murder, torture and responsibility for organising political violence in East Timor will go to criminal trial.
Cases deemed less serious – arson, destruction of private property, and intimidation by pro-Indonesian militiamen, many of whom were reluctant conscripts – may instead be resolved using community dispute resolution.
The commission could also investigate past abuses dating back to the mid-1970s. Some of the estimated 80,000 East Timorese refugees now living in West Timor took part in the post-ballot violence that left up to 1,000 people killed, government buildings looted and burnt and 80 per cent of the territory's infrastructure destroyed.
"Thirty-five thousand homes were destroyed in the violence. Even if a trial to determine guilt in the case of each destroyed home only took one day, then that's 35,000 days – an impossible load for the courts to handle," Mr Burgess said. "The philosophy behind the commission is that in any conflict there is too much criminality for any normal court system to deal with. It would take more than 10 years for the courts here to deal with what happened in 1999."
Proposals being considered include, for less serious crimes, to include a "confession" process which would involve a meeting with the affected community, a public apology and then a form of community service or "active atonement" that could be the reconstruction of the house or payment for damages.
It is hoped the commission may reduce the likelihood of private acts of revenge and act as an incentive for perpetrators to return home