[It's three years since the violence that accompanied East Timor's vote for independence. Then, thousands of men, women and children fled at gunpoint to the relative safety of West Timor and beyond. Now, most have returned to play their part in rebuilding East Timor. But some can't come home. They are mostly children, held by fanatical Indonesian nationalists still angry over the loss of the former province. David O'Shea reports on East Timor's stolen children.]

Reporter: David O'Shea

Here in the hills of West Java, unfinished business in East Timor's struggle for independence. Children from the world's newest nation are being held here, thousands of kilometres from their homeland, in a kind of unofficial orphanage for refugees. Only they're not orphans. They're not even refugees.

Zakaria was 11 when he was taken from East Timor. He's had no contact with his parents for three years. The last time Johnny saw his mother and father, he was only five. They are just two of thousands of children wrenched from their families during the chaos that was East Timor in 1999.

Almost every family in East Timor was torn apart in the violence that accompanied the march to independence. After the vote, the Indonesian military and their militia proxies set about destroying East Timor. Hundreds of thousands of people fled or were forced over the border into West Timor. Many parents surrendered their children to people who promised to take care of them in Indonesia. They were told that, when the dust had settled, their children would be returned.

Zakaria (Translation): When Timor was in chaos in '99, we were about to sit our final exams. My teacher said to me "Zak, if you want to be safe then come to school in Java. Once Timor is peaceful, you'll come back. School in Java first." So I went with that Javanese man, Mr Budianto. He brought me to the East Timorese people here. He took me to the boat and then here.

The schoolteacher brought him to this man, Hasan Basri, who is now Zakaria's protector, or kidnapper, depending on your perspective. He's an East Timorese Muslim, who's been based in Java for about 10 years. Basri was a key figure in the forced evacuations from East Timor and he's now holding his charges captive.

Hasan Basri (Translation): I'll never give them up. Even if the Indonesian government comes, I won't give them up. Even if the police come, I won't give them up.

For two years, Basri shuffled Zakaria and the other children around West Java. They were constantly on the move. With the help of local villagers, Basri is now building them a more permanent home. He runs the Lemorai Foundation, which purports to care for Muslim refugees from East Timor, a charity that raises money from sympathetic Indonesians. Kirsty Sword Gusmao is East Timor's First Lady, the Australian wife of President Xanana Gusmao.

Reporter: Why would you call Hasan Basri of the Lemorai Foundation a kidnapper?

Kirsty Sword Gusmao, refugee activist: Because, essentially, he, you know, from all the accounts, he's an unscrupulous character who is profiting from the misfortune of a group of people.

Mrs Gusmao is a vocal advocate for East Timorese children stranded in Indonesia.

Kirsty Sword Gusmao: To add insult to injury, the parents that have now returned to East Timor have, you know, have been denied their right to be reunited with their children.

Hasan Basri argues that the children are much better off in his care and that their parents would be proud of their educational achievements.

Hasan Basri (Translation): Indonesians are proud if their kids are schooled in America. It's the same here if their kids are schooled in Java. They must continue school. I hope they are successful.

8-year-old Johnny now attends a local primary school with Saddam Hussein, Hasan Basri's son. Every Monday morning at assembly, they raise the Indonesian flag and sing the national anthem. They've never seen their own country's flag. Johnny can't even remember his family name. Two months ago, a Dutch television journalist discovered these children. When she interviewed Johnny, he was obviously suffering.

Johnny (Translation): I wanted to meet Mummy.

Journalist: Why couldn't you meet your mummy?

Johnny: They said the war was still on, so I couldn't go there. They said I could see my mummy later.

It turns out that Johnny and Zakaria have no idea of the reality of independent East Timor. Hasan Basri is keeping them very much in the dark.

Reporter (Translation): Do you want to return to East Timor?

Zakaria (Translation): Yes, I do, but later, when East Timor is safe. Once we're sure it's peaceful we'll return.

Reporter: But it's already peaceful.

Zakaria: But I want to see a photo of my family. If possible, I need a photo of my family.

Reporter: What do you mean, a photo of your family?

Zakaria: So I know my family are still there. So we have a family to return to. I'm afraid they won't be there.

Reporter: And what about you? Where are your family?

Johnny (Translation): In Venilale. My family are in Atambua.

Reporter: Venilale or Atambua?

Johnny: Atambua. Saddam's mum says they have moved to Atambua. They've moved. But someone from East Timor said they were dead.

But Hasan Basri knows very well that Johnny's family is still alive and, what's more, they want him and his 16-year-old sister Nur back. A few months ago, their father came to West Java to look for his children, but Basri says he was too busy to meet him. Johnny's father returned to Timor without even seeing his son and daughter.

Hasan Basri (Translation): It's not that I didn't let them meet. It's not that. At the time there was a crisis that was beyond my control. I had no money. I had refugees ... 248 souls had just landed. So I couldn't balance it all. It's not that I couldn't be bothered.

Reporter: That's what you said.

Hasan Basri: What I meant was ... It's a long way.

Reporter: Not to mention from Dili!

Hasan Basri: well, given the conditions, it couldn't happen. I had hundreds of refugees arriving.

Nur (Translation): I don't know why. Maybe he was tired at the time. I don't know.

Reporter (Translation): Who was tired?

Nur: Mr Hasan. Maybe that's why he didn't let me see my father.

Reporter: I think it's Hasan's responsibility to let you see your parents. Don't you agree?

Nur: Yes, he should. Yes, but I don't know why he didn't want to tell me that my father had come and then take him to the school to see me. He never told me. He only told me after the holidays. After I went to Bandung. He just said it casually. "Your father came here." "Oh, really?" That's all I was told.

Reporter (Translation): When did you last hear from your parents?

Zakaria (Translation): I haven't heard from them. I know nothing.

Johnny: Me either.

Reporter: Since you got here, you've heard nothing?

Johnny: No.

Reporter: Have you sent a letter?

Johnny: No.

Reporter: Why?

Johnny: Don't know. No letter.

Reporter: Why don't you send one?

Johnny: Don't know.

Reporter: Don't you want to send one?

Johnny: No.

Reporter: Why not?

Johnny: I don't know where they are. I don't know yet.

Reporter: Do you mean, once you've heard from your parents you'll go? (Both nod)

Zakaria: There has to be a photo so we can see that our parents are still alive.

When the children heard I wanted to try and find their families in East Timor, they started writing letters to their loved ones. Johnny's sister Nur was only brought here recently. Until then, she'd had no contact with her little brother.

Nur (Translation): When I saw him I asked "Where's Johnny?" Then they said the boy before me was Johnny. "Oh, it's him!" He then went into the room and I followed him. I asked him what it was like living here. "It's okay." "If we don't study or make the next grade we get a beating." I said "Really?" Then I asked him if he still remembered Mum. What she looked like and what her name was. He said he did. And our brothers and sisters? He said yes. Then he burst into tears. Then Aunty came in and asked what was wrong. I said "Nothing, just talking." But Johnny was crying.

I found Zakaria's family easily. They're still living in the same house, just outside Dili. This was the first time they'd heard any news of their son since he was taken away and a lot has changed. He's lost two sisters while he's been in Java.

Johnny's father (Translation): He's asking after Antonia, but Antonia is dead. She just died.

Johnny's mother: She died here two years ago. She died on June 15th.

The whole village is sharing their grief.

Aunt: Antonia, Antonia, poor thing. Iria, write back and tell them that Antonia is dead. Maria ... No, don't! He's all alone and so far away. All his family is here and he's on his own there. So we're sad.

But the most surprising news for his parents is that their son has become a Muslim.

Johnny's mother (Translation): We are shocked because he left here a Catholic. He's alone there so he has to conform to their beliefs. Whatever they say, he has to follow. He must do as they say because he's alone there. We're a bit sad because he left here a Catholic.

Four hours away in Venilale, the man who transformed Zakaria is well known. Hasan Basri spent time here, converting local people to Islam. This is where he met Johnny and Nur and where I found their cousins. They can remember Hasan Basri's sales pitch.

Johnny's cousin (Translation): Basically, everything would be better. We'd get money, food, clothes ... Even money for school. It would all be free. We were told we had to convert and everything would be fine.

Now all they want is for Johnny and Nur to be prised away from Hasan Basri.

Johnny's cousin (Translation): We want them to come back to Timor so we can be together, just like before. Before, when we were together, we were always happy. We played and had a lot of fun. Now with only three of us, we don't play, so we miss them.

The family has approached the United Nations High Commission for Refugees in Dili for assistance. But Jake Moreland says the UNHCR is not able to offer much help.

Jake Moreland: We agree that it's moved painfully slowly. So far, only a few over 1,000 have returned so far, most of those from the camps in West Timor. Our priority cases are in Java in the orphanages and, you're right, it's moving very slowly.

The UNHCR in Jakarta is the agency responsible for tracking down and returning the stolen children.

Kemala Ahwil Angraeni, UNHCR Jakarta: We have already repatriated around now 13, more than 13 children!

But how many remain here, in Java?

Kemala Ahwil Angraeni: Quite a number.

Over 1,500, no?

Kemala Ahwil Angraeni: That was ah, that was last time, almost how many months ago, two months ago, that we recounted it 1,501.

So now it's 1,501 minus 13.

Kemala Ahwil Angraeni: Yeah.

It's not much of a success rate.

Kemala Ahwil Angraeni: No, of course not, but we showed to the international community that we did it, you know.

Jake Moreland says only the Indonesian Government has the power to take on the kidnappers.

Jake Moreland: The director for human rights within the Indonesian ministry for foreign affairs, Dr Puja has said that Indonesia will repatriate these children to East Timor.

Dr Puja: We are not really in a hurry.

Dr Puja says the Government is reluctant to push too hard.

Dr Puja: We cannot just force all the children, thousands of them, same place and then we force them to be returned. I don't think UNHCR will do this. See, because they are also working on certain procedures.

Back in West Java, Hasan Basri has organised a party to celebrate Indonesia's Independence Day. It's an opportunity to remind the children how lucky they are to be here. Basri knows that the government will be reluctant to challenge him so long as he shows his patriotism. Basri is exploiting public sympathy for those who fought for East Timor's integration with Indonesia. He's even making the children's release conditional on the government giving military and militia leaders immunity from prosecution.

Hasan Basri (Translation): The human rights cases must be closed, including Eurico Guterres, the colonels, Abilio...

Reporter: Close them? What do you mean "close"?

Hasan Basri: I mean there's no need to press charges. If that isn't done, I don't think the East Timorese in Indonesia will return.

Kirsty Sword Gusmao: There is this view that persists which is that really the East Timorese didn't know what they were doing when they opted for independence, and essentially they would be better off if they had stayed with Indonesia, and I think the interests of people like these kidnappers are served by those views amongst the public in Indonesia.

Reporter: How long should we be waiting for this problem to be resolved?

Kemala Ahwil Angraeni: I don't know.

Reporter: Two years, five years, 10 years?

Kemala Ahwil Angraeni: No, no. We'll, we'll do it, maybe this year.

Reporter: You think so?

Kemala Ahwil Angraeni: I think so. Why not? We have no...

Reporter: Because Hasan Basri won't be cooperating to that timetable.

Kemala Ahwil Angraeni: Oh, we don't know yet. We don't know yet. But we will try anyway. Don't be so pessimistic. I'm not pessimistic. We are optimistic that some, you know, these children will return.

Nur (Translation): I don't know what he thinks of those who want to go home. I think he said the parents must make contact first. Thy must send a letter or come here. Only then can we be taken back. Otherwise we'll jut go back to East Timor some other day.

Hasan Basri (Translation): So, no matter what, even if they come with signatures or photos of parents, I won't give them up.

Reporter (Translation): What if people from the UNHCR come here?

Hasan Basri: I won't give them up. Not even if the UNHCR come with the police. I won't give them up.