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U.S. Senate Continues Restrictions on Military and IMET Assistance for IndonesiaContact: John M. Miller, 718-596-7668; 917-690-4391 (cell) For Immediate Release September 24, 2004 - The U.S. Senate yesterday voted to renew bans on International Military Education and Training (IMET) and foreign military financing (FMF) for Indonesia. In passing the Foreign Operations Appropriations bill, the Senate agreed to continue the ban on grants of military equipment through the FMF program and on licenses for export of lethal equipment until certain conditions are met, and to extend the ban on IMET until the State Department determines that the Indonesian armed forces and government are cooperating with the FBI's investigation into the murder of U.S. citizens in West Papua. "The continued restriction of IMET and FMF sends an important signal to the new Indonesian government that Congress believes military reform is vital to democratic progress in Indonesia," said John M. Miller, spokesperson for the East Timor Action Network (ETAN). ETAN urged Congress to expand the conditions on resumption of IMET and extend conditionality to counter-terrorism training, which is funded under different legislation. "Congress should apply the same conditions on IMET and other military training that the Senate has imposed on FMF," Miller said. "Many members of Congress are not satisfied with Indonesia’s level of cooperation in resolving the horrific ambush in West Papua," said Karen Orenstein, Washington Coordinator of ETAN. "Indonesia has yet to fulfill conditions previously placed on IMET, including accountability for rights violations in East Timor and Indonesia and transparency in the military budget. In fact, the military continues to systematically violate human rights, especially in Aceh and West Papua. Those indicted for crimes against humanity in East Timor continue to maintain powerful positions," she said. The bill provides $6 million for the Indonesian Navy for "maritime security." Release of these funds is conditioned on certification that the Navy is not "committing gross violations of human rights" and is cooperating with the UN-East Timor Serious Crimes Unit, which is investigating crimes committed in 1999 during East Timor's independence referendum. The House version of the bill, passed last July, contains similar language on IMET and would ban FMF unconditionally. A conference committee will reconcile any differences between the two versions of the bill before final passage. Background Congress first voted to restrict Indonesia from receiving IMET, which brings foreign military officers to the U.S. for training, in response to the November 12, 1991 Santa Cruz massacre of more than 270 civilians in East Timor. All military ties with Indonesia were severed in September 1999 as the Indonesian military (TNI) and its militia proxies razed East Timor. For fiscal year 2004, Congress banned IMET after a contentious debate on a bill passed in January until the State Department determines that the Indonesian military and government are cooperating with the FBI's investigation of the 2002 ambush. The administration has recently begun arguing that this condition has been met. Although one West Papuan has been indicted in the U.S. for the murders in Timika, a number of congressional offices have insisted that the condition on IMET should remain in place until the investigation is completed and those responsible for the attack are brought to justice. Indonesia has yet to indict anyone in the killings. The TNI has been implicated in the August 2002 attack in the mining concession of Louisiana-based Freeport-McMoRan, which also killed an Indonesian and wounded 11 people, including a six-year-old child. The Senate’s conditions on FMF are similar to those passed by Congress last year and include a call for budget transparency by the TNI and presidential certification that the armed forces are "not committing gross violations of human rights,” and that the government is prosecuting members of the armed forces accused of abuses or aiding militia groups and punishing those guilty of such acts. The TNI must cooperate with the UN Security Council-mandated Serious Crimes Unit in East Timor, including the extradition of those indicted. More than two-thirds of those indicted in East Timor for serious crimes and crimes against humanity currently reside in Indonesia. A number of indicted senior military and police officials and militia are active in military operations in Aceh and West Papua. The Indonesian navy is often viewed as having a better human rights record than the army. However, navy ships were integral to the massive, well-planned Indonesian military operation which systematically destroyed East Timor and forcibly transported a third of the population out of the territory in 1999. In July 1998, navy personnel massacred peaceful demonstrators in Biak, West Papua, and then dumped their bodies at sea. This crime has never been investigated. Marines are active in military operations in Aceh, where numerous human rights violations have occurred. Just this week, an Indonesian naval vessel threatened and chased a tourist dive boat well within East Timor's waters. East Timor's Minister for Internal Administration, Rogerio Lobato, said warships regularly violate Timor's waters. Last December, an Indonesian warship shelled a small disputed island off East Timor's enclave of Oecussi. In a report accompanying the bill, the Senate Appropriations Committee expressed its "dismay and disappointment with the acquittal of Indonesian military officers in connection with the 1999 atrocities in East Timor and the performance and record of the ad hoc tribunal." It also called on "the State Department to use its influence with the Government of Indonesia to ensure that international relief, media and human rights organizations have unimpeded access" to Aceh. The report further expressed concern about widespread illegal logging condoned and encouraged by the Indonesian military. The Senate provided $22,000,000 in economic assistance for East Timor, well above the administration's budget request. With regard to the maritime boundary between Australia and East Timor, the committee report encouraged "all parties to negotiate in good faith in accordance with international legal principles,.". Seventy organizations recently wrote the Secretary of State opposing plans to provide FMF and IMET to Indonesia, saying that Indonesia has yet to fully meet past and current congressional conditions restricting its access to the programs. ETAN advocates for democracy, justice and human rights for East Timor and Indonesia. ETAN calls for an international tribunal to prosecute crimes against humanity that took place in East Timor since 1975 and continued restrictions on U.S. military assistance to Indonesia until there is genuine reform of its security forces. -30- see ETAN's Legislative
pages Calendar No. 700 108th CONGRESS 2d Session S. 2812 [Report No. 108-346] Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes. Rule IN THE SENATE OF THE UNITED STATES September 16, 2004 Mr. MCCONNELL, from the Committee on Appropriations, reported, under authority of the order of the Senate of January 7, 2003, the following original bill; which was read twice and placed on the calendar A BILL Making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2005, and for other purposes, namely: ECONOMIC SUPPORT FUND Provided further, That of the funds appropriated under this heading, not less than $22,000,000 shall be made available for assistance for the Democratic Republic of Timor-Leste, of which up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development: Provided further, That of the funds available under this heading for assistance for Indonesia, not less than $3,000,000 shall be made available to Internews to promote freedom of the media in Indonesia and not less than $2,000,000 shall be made available for economic development programs conducted by Indonesian universities: INDONESIA SEC. 575. (a) Funds appropriated by this Act under the heading `Foreign Military Financing Program' may be made available for assistance for Indonesia, and licenses may be issued for the export of lethal defense articles for the Indonesian Armed Forces, only if the President certifies to the appropriate congressional committees that--
(b) Funds appropriated under the heading `International Military Education and Training' may be made available for assistance for Indonesia if the Secretary of State determines and reports to the Committees on Appropriations that the Indonesian Government and Armed Forces are cooperating with the Federal Bureau of Investigation's investigation into the August 31, 2002 murders of two American citizens and one Indonesian citizen in Timika, Indonesia. SECURITY IN ASIA SEC. 590. (a) Of the funds appropriated under the heading `Foreign Military Financing Program', not less than the following amounts shall be made available to enhance security in Asia, consistent with democratic principles and the rule of law-- (1) $55,000,000 for assistance for the Philippines; (b) Funds made available for assistance for Indonesia pursuant to subsection (a) may be made available notwithstanding section 575 of this Act: Provided, That such funds may only be made available to the Indonesian navy for the purposes of enhancing maritime security: Provided further, That sections 575(a)(1) and (4) of this Act shall apply with respect to the Indonesia navy for purposes of this section: Provided further, That such funds shall only be made available subject to the regular notification procedures of the Committees on Appropriations. (c) Funds made available for assistance for Cambodia pursuant to subsection (a) shall be made available notwithstanding section 554 of this Act: Provided, That such funds shall only be made available subject to the regular notification procedures of the Committees on Appropriations. INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT Provided further, That of the funds appropriated under this heading, not less than $1,000,000 should be made available for police training in the Democratic Republic of Timor-Leste: REPORT Mr. MCCONNELL, from the Committee on Appropriations, submitted the following REPORT [To accompany S. 2812] The Committee on Appropriations reports the bill (S. 2812) making appropriations for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005, and for other purposes, reports favorably thereon and recommends that the bill do pass. ENVIRONMENT PROGRAMS The Committee remains concerned with the destruction of habitat of orangutans and again expects USAID to provide at least $2,500,000 for continued support through NGOs, including the Orangutan Foundation and others, for activities to protect the orangutan from extinction. As in the past, the Committee expects these funds to be used to support activities with local communities bordering orangutan habitat in both Borneo and Sumatra, including, if appropriate, to support law enforcement activities, and requests to be consulted prior to the obligation of funds. The Committee urges U.S. Embassy officials in Indonesia to make the prevention of illegal logging, which continues to be a widespread practice that is condoned and encouraged by the Indonesian military, a priority for U.S. policy. UNIVERSITY PROGRAMS University of Kentucky- A proposal, in conjunction with three Indonesian universities, to further economic development opportunities in Indonesia. INDONESIA The Committee notes that, while imperfect, recent elections in Indonesia underscore the compatibility of Islam and democracy and encourages USAID and the State Department to utilize this experience, where appropriate, in programs and activities in the Middle East and South Asia. The Committee provides $3,000,000 to Internews to continue media programs in Indonesia and cautions USAID against prematurely terminating free and independent media activities in that country. The Committee deplores the Government of Indonesia's decision to expel representatives from the International Crisis Group from Jakarta and is concerned that other international NGOs working to strengthen democracy, human rights, and the rule of law may be similarly targeted by the Indonesian Government. The Committee again restricts FMF assistance and exports of lethal defense articles to Indonesia, and provides IMET assistance if the Secretary of State determines that the Indonesian Government and Armed Forces are cooperating with the Federal Bureau of Investigation's investigation into the August 31, 2002 murders of American and Indonesian citizens in Timika. The Committee does not support the use of ESF for police training and related activities in Indonesia, and directs the State Department to use INCLE funds for such purposes. The Committee shares the State Department's dismay and disappointment with the acquittal of Indonesian military officers in connection with the 1999 atrocities in East Timor and the performance and record of the ad hoc tribunal. The Committee is alarmed by reports that the Indonesian military is preventing IDPs in Aceh from receiving assistance from humanitarian relief organizations. The Committee expects the State Department to use its influence with the Government of Indonesia to ensure that international relief, media and human rights organizations have unimpeded access to this area, and urges the Government of Indonesia to use maximum restraint in military operations in Aceh to safeguard the lives of innocent civilians. FREE AND INDEPENDENT MEDIA Given concerns that insufficient funding has been requested for media programs in Indonesia, the Committee provides $3,000,000 to Internews to build the professional and technical skills of regional broadcast media in that country. TERRORISM IN SOUTHEAST ASIA The Committee supports a coordinated strategy to undermine the ability of terrorists to gain footholds in Muslim communities throughout Southeast Asia. The Committee believes that, in addition to counterterrorism assistance, development aid (such as basic education, health care, and support for civil society and democratic political parties) can be an effective bulwark against extremism--if appropriately targeted and adequately funded. The Committee continues to be alarmed by terrorist activities in Indonesia, the Philippines, Thailand, Malaysia and Cambodia. The Committee includes a new general provision providing FMF assistance to a number of countries in the region to enhance security in Asia. The Committee supports programs targeted toward increasing maritime security capabilities, including in Indonesia. The Committee again supports the efforts of the Alliance for Reform and Democracy in Asia [ARDA] to further democracy, human rights and the rule of law throughout the region. In particular, the Committee appreciates the activism of ARDA in the struggle for freedom in Burma, and regrets the decision of the Government of Singapore to prohibit an ARDA-sponsored conference on Burma in Singapore earlier this year. The Committee provides $1,500,000 to the NED for democracy, human rights and the rule of law programs in Asia, and expects a portion of those funds to support the activities of ARDA. DEMOCRATIC REPUBLIC OF TIMOR-LESTE The Committee provides $22,000,000 in ESF assistance for East Timor, which is $8,500,000 above the budget request. The Committee continues to follow with interest negotiations between East Timor and Australia over petroleum reserves, and again encourages all parties to negotiate in good faith in accordance with international legal principles. INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT The Committee supports the participation of law enforcement officials from Timor Leste in regional ILEA training activities. |
