U.S. Senate Continues Restrictions on Military and IMET
Assistance for Indonesia
Contact: John M. Miller, 718-596-7668; 917-690-4391 (cell)
Karen Orenstein, 202-544-6911
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
U.S.-Indonesia Military Assistance page
S 2812 PCS
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--
(1) the Indonesian Armed Forces are not committing gross
violations of human rights;
(2) the Indonesia Minister of Defense is suspending from the
Armed Forces those members, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, or to have aided or abetted militia groups;
(3) the Indonesian Government is prosecuting those members of
the Indonesian Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross violations of human
rights, or to have aided or abetted militia groups, and is
punishing those members of the Indonesian Armed Forces found to
have committed such violations of human rights or to have aided or
abetted militia groups;
(4) the Indonesian Armed Forces are cooperating with civilian
prosecutors and judicial authorities in Indonesia and with the
joint United Nations-East Timor Serious Crimes Unit (SCU) in such
cases (including extraditing those indicted by the SCU to East
Timor and providing access to witnesses, relevant documents, and
other requested information); and
(5) the Minister of Defense is making publicly available audits
of receipts and expenditures of the Indonesian Armed Forces.
(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;
(2) $6,000,000 for assistance for Indonesia;
(3) $2,000,000 for assistance for Bangladesh;
(4) $1,500,000 for assistance for the Democratic Republic of
Timor-Leste;
(5) $2,000,000 for assistance for Mongolia;
(6) $5,000,000 for assistance for Nepal;
(7) $2,500,000 for assistance for Thailand;
(8) $1,000,000 for assistance for Sri Lanka;
(9) $1,000,000 for assistance for Cambodia;
(10) $500,000 for assistance for Fiji; and
(11) $250,000 for assistance for Tonga.
(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 endorses the budget request for Indonesia but believes
that significant additional resources are required to further
political, economic, and social reforms and mitigate the ability of
Islamic extremists to recruit terrorists and operate throughout the
country.
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.
|