Global Policy Forum

By Simon Chesterman

The proposed Commission on Reception, Truth and Reconciliation (CRTR) is one of the most commonly misunderstood projects in East Timor. Despite frequent comparisons with the South African Truth and Reconciliation Commission, the CRTR will not offer amnesties.

Serious crimes, including murder, rape and torture, would be excluded from the commission, on the assumption that they should go to trial. Less serious crimes, such as destruction of private property — including, perhaps, arson — would be resolved through a community reconciliation procedure. The question of arson is central, as 35,000 homes were destroyed after the 1999 popular consultation.

The idea of such a commission has been driven largely by East Timorese, and is now being developed with the support of UNTAET's Human Rights Unit, working closely with women's groups and human rights organizations, the Catholic Church and CNRT. In addition to national reconciliation, the commission would aim to facilitate reintegration from West Timor and to establish a historical record of human rights abuses from 1974-1999.

The likely procedure would be for perpetrators to meet with the affected community, offer a public apology, and undertake some form of community service by way of atonement. This agreement would be registered by a court; following completion to the satisfaction of the CRTR, the perpetrator's debt to society would be deemed to have been paid. It is likely that a perpetrator would be required to make some sort of a declaration accepting that the result of the August 1999 popular consultation reflects the will of the majority of the Timorese population.

A separate function would enable victims to enter testimony about violations suffered in the period 1974-1999. There were some initial concerns that this public airing of grievances might interfere with East Timor's first elections. In any case, the CRTR now seems unlikely to be adopted until after elections have been completed, and perhaps not until after independence.

The CRTR would be funded bilaterally. Several donor states have already expressed support for the idea.