Situation in East Timor

Commission on Human Rights resolution 1993/97


The Commission on Human Rights,

Guided by the Universal Declaration of Human Rights, the International Covenants on Human Rights and the universally accepted rules of international law,

Bearing in mind the statement on the situation of human rights in East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session (see E/1992/22, para. 457) following the violent incident of 12 November 1991 in Dili,

Recalling Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1992/20 of 27 August 1992,

Gravely concerned at continuing allegations of serious human rights violations, and noting with concern in this context the reports of the Special Rapporteur on the question of torture (E/CN.4/1993/26), the Special Rapporteur on extrajudicial, summary or arbitrary executions (E/CN.4/1993/46) and the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1993/25),

Bearing in mind the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment approved by the General Assembly in its resolution 43/173 of 9 December 1988 and the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, endorsed by the General Assembly in its resolution 44/162 of 15 December 1989,

Taking note of the information that the Government of Indonesia has provided to the Commission on actions it has taken during the past year,

Welcoming the recent access to East Timor granted to human rights organizations as well as to some other relevant international observers, but remaining disappointed that such access is still frequently denied,

Having examined the report of the Secretary-General on the situation in East Timor (E/CN.4/1993/49),

1. Expresses its deep concern at the reports of continuing human rights violations in East Timor;

2. Recalls that the Commission has commended the decision of the Government of Indonesia to set up an inquiry commission but regrets that the Indonesian investigation into the actions of the members of its security personnel on 12 November 1991, from which resulted loss of life, injuries and disappearances, failed to identify clearly all those responsible for these actions;

3. Expresses its concern about the lack of information concerning the number of people killed on 12 November 1991 and about the persons still unaccounted for, and urges the Government of Indonesia to account fully for those still missing since that date;

4. Regrets the disparity in the severity of sentences imposed on those civilians not indicted for violent activities - who should have been released without delay - on the one hand, and to the military involved in the violent incident, on the other;

5. Calls upon the Government of Indonesia to honour fully its commitments undertaken in the statement on the situation of human rights in East Timor agreed by consensus by the Commission on Human Rights at its forty-eighth session;

6. Also calls upon the Government of Indonesia to ensure that all the East Timorese in custody, including main public figures, are treated humanely, with their rights fully respected, that all trials are fair, just and public and recognize the right to proper legal representation in accordance with international humanitarian law, and that those not involved in violent activities are released without delay;

7. Welcomes the greater access recently granted by the Indonesian authorities to human rights and humanitarian organizations, and calls upon the Indonesian authorities to expand this access further;

8. Encourages once again the Indonesian authorities to take the necessary steps to implement the recommendations presented by the Special Rapporteur on the question of torture in the report he submitted following his visit to Indonesia and East Timor (E/CN.4/1992/17/Add.1) and to keep the Special Rapporteur informed of the progress made towards their implementation;

9. Urges the Government of Indonesia to invite the Special Rapporteur on the question of torture, the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances to visit East Timor and to facilitate the discharge of their mandates;

10. Welcomes the agreement given by the Government of Indonesia to the proposal of the Secretary-General for a new visit to Indonesia and East Timor by his personal envoy, Mr. S. Amos Wako, in the coming months, and invites the Secretary-General to consider transmitting to the Commission the full reports of Mr. Wako on his previous and next visits;

11. Also welcomes the resumption of talks on the question of East Timor and encourages the Secretary-General to continue his good offices with a view to achieving a just, comprehensive and internationally acceptable settlement of the question of East Timor;

12. Decides to consider the situation in East Timor at its fiftieth session on the basis of the reports of the Special Rapporteurs and Working Groups and that of the Secretary-General, which would include an analytical compilation of all information received from, inter alia, Governments and intergovernmental and non-governmental organizations.


68th meeting
11 March 1993
[Adopted by a roll-call vote of 22 to 12,
with 15 abstentions. ]


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