Inaugural Victorian Annual Human Rights Oration - Human Rights Everybody Everyday

Xanana Gusmao became leader of the National Council of Timorese Resistance in 1981 and commanded the armed guerilla forces, Falantil, and the wider resistance movement. He was captured by Indonesian military forces in 1992 and subsequently jailed for 20 years. In 2001 he was elected as President of a free and independent East Timor.

Human Rights Everybody Everyday

Xanana Gusmao

"The Hon. Mr. Rob Hulls MP, Attorney-General, State of Victoria, Ms. Joy Murphy, Wurundjeri Elder, Councilor John So, Lord Mayor, City of Melbourne, Dr. Dianne Sisely, Chief Executive, Equal Opportunity Commission Victoria and Commission members, Mr. Rob Moodie, Chief Executive, Vic Health, The Hon. Theo Theophanous, Parliamentary Secretary, Department of Education, Employment and Training, Honorable members of State and Federal parliaments, Ladies and Gentlemen, And many old friends here today,

I would like to start by acknowledging the traditional owners of the land on which we meet today, the Wurundjeri people.

I am delighted to be invited to deliver this inaugural Victorian Human Rights Oration as part of Refugee Week 2001. At this time of heightened global tension impacting on the increasing movement of peoples fleeing their countries as refugees, including the exodus of Afghanis leaving their homes as we speak, there is a particular immediacy to the topic: "Human Rights. Everybody, Everyday".

Refugees are perhaps the most disadvantaged people in the world when we consider those whose human rights are at risk. Forced to leave their homes and their own countries, often with little warning and taking few possessions, they are forced into exile not knowing where they will end up and hoping only to live a decent life somewhere where they can gain refuge.

In my own country, many of my compatriots have suffered this fate after Indonesia invaded in 1975. Many came here to live in Australia and many others fled to Portugal. More recently, in 1999 over 200,000 were forcibly removed to West Timor and many other thousands fled to the mountains and were displaced within our country.

So it is right that we consider the special plight of refugees and asylum seekers when we talk about human rights and examine our responsibility to preserve the human rights of those who are powerless and vulnerable.

Ladies and Gentlemen:

The events of the last month, when the attacks on the World Trade Centre in New York and their aftermath, were seen live on TV by millions of people, demonstrate that our world is indeed connected. Perhaps people feel more immediately connected to each other than in the past, because of the developments in communications technology, where all sorts of happenings, from celebrations and sporting events to disasters and even war itself, like what is happening now in Afghanistan, are seen simultaneously by millions of people with access to TV screens. Because of the extensive media coverage of these awful events, and the intimate nature of that coverage, many people around the work experienced and shared something of the pain of the families and loved ones of those who were killed in the attacks.

Let me turn to another case, which affected many of us here today, where we also saw a demonstration of concern and empathy for our fellow humans. Australians took East Timorese people into their hearts when they saw unfolding on their TV screens, the violent events which followed our vote for independence in August 1999. Human rights abuses took place in ET for many years but relatively few people outside my country knew about it or were moved to action.

But in September 1999, ordinary Australian people, and in particular, tens of thousands of Victorians, took to the streets seeking international intervention in East Timor, demanding that the situation there should be brought under control. These Australians showed their empathy with the East Timorese people, their support for the rights of East Timorese. The suffering of East Timorese people touched Australians and people here "connected" with people there.

Similarly, natural disasters which are covered by the world media every year, move millions of people to respond by providing support for emergency aid and disaster relief. Ordinary people around the world are touched by the distress of others in distant places - an indication of their acknowledgement of our common humanity.

Ladies and Gentlemen:

How can we harness this concern for our common humanity, so that not only in times of disaster or emergency, the human rights of everybody are respected everyday and this concern translates into protection of the human rights of all.

If there is any message which we can take from the shocking events in the US and yesterday in Afghanistan, surely it is that there is a need for tolerance and acceptance of difference rather than hatred and intolerance of others. This message can be applied both to the perpetrators of the attacks, as well as to the way in which they will and are being pursued. Fear and hatred of Western capitalism or of US dominance may have been an element in what led the attackers to carry out their crime in New York. We must ensure that those who were involved in these crimes are brought to justice, but we should also beware of allowing fear and hatred to determine how this is being achieved. Otherwise, the terrorist has won the battle. Achieving a balance in this regard might seem difficult, but we must remain determined, to preserve respect for the rule of law and for the need for justice, not retribution, to prevail. This is our task in East Timor too.

War is a monster that devours lives. Violence and war have never produced winners or losers. They only produce hostility, hatred and revenge. There are still people in the world who think that the use of force means real power and who do not accept that others may resort to reason in their undertakings.

I would like to remind everyone here of the difficult decision, taken in September 1999, to keep our resistance army FALINTIL in cantonments rather than taking military action to defend the people. If in the name of human rights, we involved ourselves in the violence, it could be a tragedy, it could have been another war, a war between Timorese, to the satisfaction of those that choose the violence and destruction to take revenge on our people.

One should never underestimate people's feelings. One cannot compensate physical and moral injury with material rewards. First and foremost, human beings are conscious of their dignity. The worst mistake anyone can make in the relationship with other people is to minimise their dignity, to consider other people as belonging to an inferior class of human beings. The use of force and repression only deepens existing divisions and obstructs relationships; it can never be a deterrent.

Often it seems that people are motivated by ignorance or fear, to show a lack of respect for minorities or people whose values, beliefs or practices differ from their own, or worse, to attack their rights. In response to the terrorist attacks, in several parts of the world, including in the US and Australia, we have seen a knee-jerk reaction towards Muslim people, in the form of racial vilification, and in some instances, attacks on them, their property and mosques. Somehow our "human" bond is lost and overtaken by a reaction based on stereotyping. The commonality we share is replaced by an emphasis on difference.

The challenge for those of us concerned with ensuring the protection of human rights is how to find a way to encourage respect for human rights, by "everyone, everyday". We must ensure that the concern which many ordinary people demonstrate for other human beings in times of trouble and suffering, be increased to showing respect and tolerance all the time, for others in their community, and throughout the world, regardless of color, race or belief.

Ladies and Gentlemen:

When we talk about Human Rights in East Timor, our concern is to ensure basic human rights for our people. Human rights include not only the Civil and Political rights envisaged by the International Covenant, but also Economic, Social and Cultural rights. A rights-based approach to development sees all these as fundamental. As in many other less developed countries, these rights are not enjoyed by the majority of our population. The East Timorese people along with most of the people in the world, have never experienced many of the fundamental rights which are taken for granted in richer parts of the world. Social Rights such as those to food, clean water and shelter, the right to proper access to health and education services, as well as the right to freedom of association, of movement, of speech. Perhaps most fundamental of all, we have been denied our right to self determination, to experience what it is to be East Timorese and in control of our own destiny.

So many of our children die each year from preventable disease. Adults too, particularly in rural areas, do not have ready access to health services. Our schools, many of which have only just been rebuilt, are not well equipped for teaching. This is not Social Justice and these are some of the problems we face and priorities which will be addressed by our new East Timorese government.

But it is important to remember that not only in poor countries do people experience a denial of their rights. Although not always so visible, respect for the human rights of all can be lacking in rich as well as in poor countries. Whether we are talking about minority ethnic or religious groups, those with physical or mental disability, or people who are disadvantaged or dispossessed in other ways, respect for them as people and as citizens with the same rights as those who in the mainstream, must be preserved. These are issues which concern us in East Timor as they do you here.

Ladies and Gentlemen

Let me turn now to questions of reconciliation and justice in post-conflict East Timor, where complicated issues of human rights are involved.

In my own country, we have experienced many terrible incidents of violence and gross violations of human rights. What leads people to such acts of violence in the name of political or other beliefs? And how do we cope with the aftermath of these actions?

Today, we are attempting to rebuild our country from the ashes of total destruction and from profound psychological trauma and human grievance.

In addition to providing our citizens' basic social rights, we are faced with a complex social environment in the aftermath of the conflict, which we have experienced for so many years. In order to preserve rights for everybody in East Timor, we must also concern ourselves with the issues of reconciliation, reintegration of offenders who committed violent acts in the past, and acceptance of different groups within our community. But I cannot emphasize enough, the importance of our need for an inclusive reconciliation process which enables us to move forward to tackle the task of rebuilding our country, whilst also ensuring that people feel past injustices have been addressed.

We have a special imperative to keep human rights at the forefront of our priorities if peace is to prevail. I have pleaded with our people to forgive those who committed violent and criminal acts. With others, I have spent a great deal of time and effort talking to many groups in our community in an effort to build an understanding of why the militias acted in the way they did.

A culture of violence was created in Timor. Situations and groups were created in our society by long periods of whole-scale abuse of human rights, terror, torture and fear. Our communities were subject to massive social manipulation. The principle of divide et impera was very much present and was particularly applied to the generation which was born and raised under its control. The result was open violence that became institutionalized. We are still trying to recover from these manipulations to our society. This is the society the militias were cultivated in. We must understand their situation and seek justice not retribution, seek rehabilitation of them and also their victims. Shall we put a man in gaol? Or should be make him go back to his community and make amends, support the families whose lives he has disrupted. We must empathize; forgive, go forward.

As you may be aware, there has been much debate in East Timor about what form of reconciliation process we should have, who should be dealt with by our judicial system, and to what extent amnesty should be offered to those who committed criminal acts in the past. We have looked at models such as that offered by South Africa's Truth and Reconciliation Commission. We have to consider what is achievable for the administration of the criminal law in East Timor when there are so many victims and offenders to deal with. Whatever is eventually decided upon, it is essential that we engage all groups in an inclusive manner, that all groups participate together to agree on the process which is to be followed and the outcomes, so that in future we can ensure all people have equal protection of the law.

In our understanding of Justice for all we must ask what is really important for people's quality of life in the sense of a wider social justice. We have to find a balance between Social Rights and the Right to Justice narrowly defined in the formal sense of the law, judiciary, trials, punishment and prison. If we only narrowly define Justice in this formal way we will have ignored much that is important to people's lives. A fair society offering people access to the basic human rights of water, food, housing, health care and education will make an enormous impact on people's everyday life, their health and well being. In the pursuit of these Social Rights we affirm our commitment to Human Rights and Social Justice.

I am a strong advocate of community-based reconciliation amongst East Timorese. We do believe that it is possible if those who participated in such operations are ready to face the people and ask for their forgiveness. In dealing with those who were dragged into the communal violence of August-September 1999 we may have to redefine justice in terms of Timorese tradition and our physical capacity to impose sanctions. Traditional methods of post-conflict resolution such as public confession and apology have already worked in some village situations. By using traditional East Timorese methods of reconciliation, we have enabled ex-militias to reintegrate into their communities and for the most part, for those communities to continue with life in the normal way. Alongside these local dispute resolution initiatives is the need for national healing. Many Timorese want answers from those who caused their loss and suffering. With answers people can start the healing process and close the horrible chapter in their lives.

Owning the past is not an exercise in apportioning blame. It is an exercise in releasing a truth imprisoned by silence. We allow the truths of the past to speak, and having allowed them their say, we seek better, wiser truths to emerge from future actions. In Timor Lorosae we need to own the truth of our past in order to forge a strong, unified and compassionate society. This society will be unafraid to speak, and will be distinguished by its ability to tolerate and respect difference. The reconciliation process will be the basis for the future of peace in East Timor. By reconciling with past deeds and crimes, the people of East Timor will finally be able to live in tranquility and with peace of mind.

I have spoken often about the need to allow returning refugees who voted against independence at the 1999 ballot, or who may be families of militia, to live peacefully side by side with their fellow East Timorese. We have now entered a new phase of repatriation. We now talk directly with the Militia Commanders in West Timor and this has resulted already in two groups returning home. I will witness another group of returnees when I go home next week.

A real threat to our future peace and stability, as a nation is if we concentrate solely on seeking Justice and those ex-militia stay and ferment in the refugee camps in West Timor. That would lead to instability on our border.

International justice is the duty of the international community. We do not have capacity to take this into our own hands. We have a country to build with all the difficulties. This is our priority.

Ladies and Gentlemen:

I want to mention also, the international perspective on this matter - our national reconciliation with Indonesia.

I myself bear no bitterness towards those who were my gaolers, and in fact formed friendships with some of them. I see them as merely instruments of a system, which oppressed them as it did me. Many East Timorese people feel that the Indonesian people share their experience of oppression and that we must not bear grudges against them, but rather, identify the regime, which operated in an oppressive manner as the culprit. I personally have no hatred of individual Indonesians who oppressed my country.

Some have asked how I could publicly embrace Indonesian soldiers as they left Dili, or how I could embrace former General Prabowo and other Generals, I can only reply that I felt this was the right course of action - it was in my heart to forgive. There is nothing moving us against the Indonesian people who also suffered under the former regime. There is nothing moving us against the present Indonesian regime, which we know, is trying to bring the democratisation process to a successful outcome.

At an international level, we had engaged in peace talks with Indonesia since 1983 in an effort to settle the question of East Timor's independence. I was determined to attempt to build a new relationship with President Wahid, and more recently with President Megawati Sukarnoputri.

Stability in East Timor is important in the framework of the geo-economy of our region within which we intend to consolidate peace, co-operation and harmony among peoples. We feel this is an important and necessary contribution to the region and, in particular, to our closest neighbor, Indonesia. Democracy-building in East Timor and a stable independent new State will contribute significantly to the on-going democratic process in Indonesia. At a recent conference in Jakarta of the West Pacific Forum I suggested the need for a close triangle relationship with East Timor West Timor and Australia particularly the Northern Territory. We need to stabilize our relationship with West Timor to work on a common development infrastructure of communications, power, transport and roads. We need an open border and shared economic development.

In the history of other states it is uncommon for two countries to foster close ties and renew their relationship so soon after the conclusion of a long period of bitter occupation by one over the other. The establishment of a new relationship, founded on respect and co-operation, has become possible thanks to the determination of the current Indonesian politicians and Indonesian civil society to see democracy and the rule of law firmly established in their country.

If we are to enjoy peace and have true equality in the world, we must hold dear the need to maintain respect for rights of all members of our communities. For us in Eat Timor, the fundamental objective of reconciliation is peace. For the world to achieve peace we must cultivate tolerance, mutual acceptance and banish hatred. I invite us all, as brothers and sisters, to break down the barriers live together in peace.

May unity and respect for the rights of everyone be the new guiding force in the 21st Century.

Thank-you to the members of the Equal Opportunity Commission Victoria for making today possible, and to Vic Health for their support of the event."

Disclaimer - The views expressed here do not necessarily reflect those of the Equal Opportunity Commission Victoria