Indonesian government responsibilities against the status of former East Timor independence fighters at East Nusa Tenggara in human rights perspective

Abstract

East Timor which has now become an independent and sovereign State of Timor Leste in 2002 still leaves humanitarian problems namely human rights violations related to the claims of former East Timor independence fighters who still become refugees at East Nusa Tenggara (NTT) after helping the Indonesian government fight under their leader, Eurico Guterres since integrated with Indonesia by means of Balibo Declaration in 1976 and hence Indonesia succeeded to make the East Timor region as the 27th Indonesian province. The issue that arises now is about the status of former East Timor independence fighters at NTT and the responsibility of the Indonesian government according to human rights law. This paper aims to find out the citizenship status of former East Timor independence fighters at NTT and what should be the responsibility of the Indonesian government toward their claims. The research method used is normative juridical with case and human rights law approaches based on qualitative analysis.

Based on the results of the discussion, it was concluded that in the system of modern human rights law that has been practiced by the United Nations, the Indonesian government as the duties bearer has 5 (five) obligations, namely the obligation to respect, protect, fulfill the human rights of the people, promote human rights and punish everyone  who violates human rights. Having that former East Timor independence fighters had ever given advantage to Indonesia, the government should fulfill their human rights claims by means of providing facilities for the former East Timor independence fighters to obtain Indonesian citizenship status. Indonesia should also asked apologize to Timor Leste and work together to ask United Nations Organization to abolish the 403 names of  former East Timor independence fighters from the black list of  human rights serious crimes. The Indonesian government is also expected to immediately give compensation to 13.000 of the former East Timor independence fighters and let their children to become members of army, police and civil servant in Indonesia.