Timor-Leste

Truth and Reconciliation Commission

McWilliam, Andrew. Introduction: Restorative custom: Ethnographic perspectives on conflict and local justice in Timor.

The remarkable emergence of East Timor as a sovereign nation has focused public attention on the historical legacy of injustice and human rights abuses that shadowed the achievement of independence; the euphoria of victory tempered by memories of suffering and loss. One considered governmental response to these concerns was the establishment of the Timorese Commission for Reception, Truth and Reconciliation (CAVR) in 2001. Modelled on contemporary concepts of restorative justice, the Commission’s procedures encouraged a process of public confession and acceptance of criminal acts perpetrated between 1974 and 1999. This period covered the atrocities committed in the name of the nationalist Timorese political factions of Fretilin and UDT, as well as those of the Indonesian army and its indigenous militias. CAVR processes also promoted forms of locally based justice and reconciliation where those accused of minor crimes could offer public apologies to their communities and be punished accordingly through community reconciliation acts (JSMP 2006). These mediated and informal agreements around acts of wrongdoing formed part of state-sponsored processes of restitution and post-conflict recovery in Timor Leste. They highlighted the possibilities and potentials for local and customary systems of dispute resolution in the delivery of justice. (Excerpt)

Editor. Do truth commissions heal? The East Timor experience.

East Timor’s Truth and Reconciliation Commission (CAVR) submitted its final report to the country’s new parliament in 2005.1 The President, Xanana Gusmao, objected to the report’s call for an international war-crimes tribunal, fearing that the process would open wounds within the society and threaten the fragile peace with Indonesia, where many perpetrators have sought sanctuary. These concerns echo the debate in the society as a whole about whether the CAVR helped to heal or open the wounds of conflict (loke kanek in the Timorese language, Tetum). As health professionals contributing to the building of services in East Timor, we consider what lessons might be learnt from the CAVR experience, particularly about the capacity of truth and reconciliation commissions to achieve healing, whether personal or social.After independence, East Timor established two parallel structures to deal with past human-rights violations. The serious crimes unit brought to trial perpetrators of offences such as rape and murder, but its activities were limited by the lack of extradition arrangements with Indonesia. CAVR’s role was to document the extensive human-rights violations that took place before and during the Indonesian occupation (1974–99) and the humanitarian crisis of 1999, with the key aim to achieve reconciliation. (author's abstract)

Androff, David. Working in the Mud: Community Reconciliation and Restorative Justice in Timor Leste

"This chapter examines the Timor Leste Truth and Reconciliation Commission in the context of restorative justice. Following a brief discussion of social work and restorative justice in relation to violence, Truth and Reconciliation Commissions (TRCs) will be introduced as an intervention for social welfare. The historical background of Timore Leste will be presented, with an overview of the Timor Leste Truth and Reconciliation Commission (CAVR). Special emphasis is placed upon the Community Reconciliation Process (CRP) as the key restorative justice feature of the Timore Leste Truth and Reconciliation Commission. Critiques of the CAVR and the CRP will be presented with a discussion on evaluating the restorative justice and reconciliation efforts in Timor Leste in light of recent developments." (Abstract)

. Women's participation in transitional justice mechanisms: Comparing transitional processes in Timor Leste and Sierra Leone.

Women tend to suffer a disproportionate amount of sexual and reproductive violence during periods of conflict, though they generally participate at a lower rate than men in transitional justice processes. Because participation is discussed in procedural justice literature as being crucial to securing feelings of justice and dignity within victims of violence, the lack of women’s participation in transitional process indicates that justice outcomes could suffer without equitable participation of women. In light of this issue, this study uses a comparative case study analysis method to investigate women’s involvement in the transitional justice processes in Timor Leste and Sierra Leone to uncover conclusions that can be used to understand women’s participation in other transitional societies and thus encourage equal participation of women to enhance justice outcomes. This study indicates that the two main factors that influence women’s participation are the extent to which women or women’s issues were included in the original transitional justice process mandates and the way in which women are viewed in the transitional society. Furthermore, it can be seen that women are included in transitional processes in mechanism mandates or as decision-makers and/or testimony givers/participants. Women are excluded from transitional processes because they either exclude themselves or are overtly excluded by justice systems. (author's abstract)

Evenson, Elizabeth M.. Truth and Justice in Sierra Leone: Coordination Between Commission and Court.

Truth commissions and trials are now operating concurrently as mechanisms of transitional justice in settings as diverse as Peru, East Timor, and Sierra Leone. While truth commissions and trials play complementary roles in transitional justice, their concurrent operation also raises novel issues of coordination. Where left unresolved, these coordination issues—including information and resource sharing, handling of evidence and witnesses, and sequencing of investigations and outcomes—threaten to undermine individual mandates and the overall goals of transitional justice. Drawing on a case study of the Truth and Reconciliation Commission and Special Court in Sierra Leone, this Note proposes a loose framework for making coordination decisions, which identifies context-specific transitional justice goals and then seeks out the arrangements that best achieve those goals. This totality-ofthe- circumstances approach allows the specific characteristics of each transitioning society to shape coordination, while recognizing the common needs of justice, accountability, and reconciliation to which transitional justice responds. (author's abstract).