ETAN Statement on military assistance to Indonesia in the FY2008 Consolidated Appropriations bill (HR 2764)

Indonesia and Timor-Leste Excerpts from FY 2008 Consolidated Appropriations Bill

ETAN Statement on military assistance to Indonesia in the FY2008 Consolidated Appropriations bill (HR 2764)

Contact: John M. Miller, New York +1/917-690-4391; etan@etan.org

December 18, 2007 - Increased U.S. government support for the Indonesian military is not the way to promote reform or human rights accountability. In fact, the history of the U.S.-Indonesia relationship demonstrates the exact opposite. Since the Bush Administration waived all remaining restrictions in November 2005, military reform in Indonesia and human rights accountability for past violations have stalled or gone backwards. This legislation will not change this trend.

For many years, Congress used the appropriations process to encourage military and democratic reform in Indonesia and to advocate for genuine accountability for human rights violations committed by Indonesian forces in East Timor and Indonesia. The FY2008 appropriations bill is not in this worthy tradition.

The amount appropriated for Foreign Military Financing - $15.7 million - is more than double the amount allocated for the Indonesian military in 2007. We can see no dramatic change in the Indonesian military's conduct over the past year to warrant such a generous increase.

A portion of this money is temporarily set aside until the Department of State reports on actions and progress concerning human rights accountability, military reform and access to Papua. Assuming an honest assessment by the Department of State, the question is what will the Congress and Administration then do with the information. If the State Department finds that Indonesia has not made significant progress in these areas, Congress must rethink the strategy of rewarding the Indonesian military (TNI) with assistance.

Indonesia's current president has not fulfilled his promise to reform the military budget and to hold members of the military accountable. Beginning with the ouster of General Suharto in 1998, the Indonesian people were able to pressure their government to take initial steps toward reform. However, since the U.S. has re-engaged with the TNI, such progress has all but stopped. Historically, the TNI's worst abuses occurred when the U.S. was most engaged with it.

An unreformed Indonesian military will be in a strong position to exert influence on the key 2009 national elections. It can draw on its vast business resources to subvert the electoral process; employ thug-militias to intimidate critics, especially in the smaller parties and among civil society; and manipulate elections down to village level, where it retains strong influence through its "territorial system."

Clearly, restoration of binding conditions restricting FMF, International Military Education and Training (IMET), and certain other forms of security assistance is needed to persuade the Indonesian military to resume the reform process. Next year Congress must send a clear and unambiguous message in support of democracy and human rights.

We thank those in Congress advocating for Indonesian military accountability and genuine reform, especially Senator Patrick Leahy (D-VT) and Rep. Nita Lowey (D-NY).

Background

The final FY2008 appropriations bill, which is expected to pass this week, comes as the State Department reportedly has provided training to Kopassus and Brimob, respectively the two most notorious units of the Indonesian military and police, with long histories of human rights violations.

The bill would withhold $2.7 million in FMF until the Department of State reports on "steps taken" by Indonesia to, among other things, hold accountable members of the military "credibly alleged to have committed gross violations of human rights" and implement "reforms to increase the transparency and accountability of their operations and financial management." The State Department would also have to report on whether Indonesia "has written plans to effectively provide accountability” for human rights by members of the TNI, and “is implementing plans to effectively allow public access to Papua” and a time-frame to complete the criminal investigation of the murder of rights activist Munir Said Thalib.

The bill also requires a separate report from the Department of State on steps taken by Indonesia "to deny promotion, suspend from active service, and pursue prosecution of military officers indicted for serious crimes" and "the extent to which past and present Indonesian military officials are co-operating” with inquiries into human rights violations. The State Department must also describe "steps taken by the Indonesian military to divest itself of illegal businesses," as well as Indonesian and Timor-Leste government responses to the final report of Timor’s Commission for Reception, Truth and Reconciliation (CAVR) and the June 2006 report of the Secretary-General of the UN Commission of Experts on human rights in Timor-Leste in 1999. Indonesia has been dismissive of both reports and their recommendations.

Current and former military accused of serious crimes continue to receive promotions and sensitive assignments. For example, Col. Burhanuddin Siagian, a senior commander in West Papua -- twice indicted for crimes against humanity by the UN-backed Serious Crimes Process in Timor-Leste -- said recently that he would "destroy" anyone who "betrays the nation." This month, the military commander in Maluku province told his soldiers that they may shoot separatists on the spot. Regulations to implement three-year old legislation to end military ownership of businesses have yet to be issued, despite repeated promises to do so. Furthermore, a recent and truncated visit by a member of the U.S. Congress to Papua demonstrates how restricted access remains. Papuan human rights advocates who met with UN officials this face continuing harassment.

The Asian Human Rights Commission recently reported that in Indonesia, "Changes initiated in recent years have not been pursued, due in large part to a lack of political will.... [T]he military continues to be the dominant institution in many regions and historic injustices have not been righted. Impunity remains the key feature of law and order, for torture and other gross abuses of human rights."

ETAN advocates for democracy, justice and human rights for East Timor and Indonesia. ETAN calls for an international tribunal to prosecute crimes against humanity committed in East Timor from 1975 to 1999 and for restrictions on U.S. military assistance to Indonesia until there is genuine reform of its security forces.

-30-

see also:

-- TAKE ACTION FOR JUSTICE --
Urge UN Secretary-General to Act for Justice for East Timor

Indonesia and Timor-Leste Excerpts from FY 2008 Consolidated Appropriations Bill

Text of the House Amendments to Senate Amendment to H.R. 2764 – State, Foreign Operations, and Related Programs Appropriations Act, 2008 (Consolidated Appropriations Act, 2008)

INDONESIA

SEC. 679. (a) Of the funds appropriated by this Act under the heading "Foreign Military Financing Program" up to $15,700,000 may be made available for assistance for Indonesia as follows

(1) Of the amount provided in subsection (a), $13,000,000 may be made available upon enactment of this Act.

(2) Of the amount provided in subsection (a), $2,700,000 may not be made available until the Secretary of State reports to the Committees on Appropriations -

(A) on the steps taken by the Government of Indonesia on the following-

(i) prosecution and punishment, in a manner proportional to the crime, for members of the Armed Forces who have been credibly alleged to have committed gross violations of human rights in Timor-Leste and elsewhere, and cooperation by the Armed Forces with civilian judicial authorities and with international efforts to resolve cases of gross violations of human rights; and

(ii) implementation by the Armed Forces of reforms to increase the transparency and accountability of their operations and financial management; and

(B) that the Government of Indonesia has written plans to effectively provide accountability for past violations of human rights by members of the Armed Forces, and is implementing plans to effectively allow public access to Papua and to pursue the criminal investigation and provide the projected timeframe for completing the investigation of the murder of Munir Said Thalib.

(b) Of the funds appropriated by this Act under the heading "Economic Support Fund" that are available for assistance for Indonesia, not less than $250,000 should be made available for grants for capacity building of Indonesian human rights organizations, including in Papua.

REPORT ON INDONESIA

SEC. 682. Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations that describes-

(1) the steps taken by the Government of Indonesia to deny promotion, suspend from active service, and pursue prosecution of military officers indicted for serious crimes, and the extent to which past and present Indonesian military officials are co-operating with domestic inquiries into human rights abuses, including the forced disappearance and killing of student activists in 1998 and 1999;

(2) the responses of the Governments of Indonesia and Timor Leste to the Final Report of the Commission for Reception, Truth and Reconciliation in Timor-Leste and the June 2006 report of the report to the Secretary-General of the Commission of Experts to Review the Prosecution of Serious Violations of Human Rights in Timor-Leste in 1999; and

(3) the steps taken by the Indonesian military to divest itself of illegal businesses.

---

FOREIGN MILITARY FINANCING PROGRAM (INCLUDING TRANSFER OF FUNDS)

Provided further, That none of the funds appropriated under this heading may be made available for assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic Republic of the Congo except pursuant to the regular notification procedures of the Committees on Appropriations:

REPORTING REQUIREMENT

SEC. 678. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2008, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings "Foreign Military Financing Program", "International Military Education and Training", and "Peacekeeping Operations": Provided, That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of the assistance provided by such funds.

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 651. Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding the following section:

"SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.

"(a) IN GENERAL.-No assistance shall be furnished under this Act or the Arms Export Control Act to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights.

"(b) EXCEPTION.-The prohibition in subsection (a) shall not apply if the Secretary determines and reports to the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice.

"(c) DUTY TO INFORM.-In the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.".

FOREIGN MILITARY TRAINING REPORT

SEC. 652. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations by the date specified in that section.

---------------------

Excerpts from Joint Explanatory Statement to Accompany Consolidated Appropriations Amendment
http://www.rules.house.gov/110/text/omni/jes/jesdivj.pdf

Educational and Cultural Exchange Programs, Section 619 (p. 5)
Special Academic Exchange: Timor Leste Exchange - $500,000

USAID
The Appropriations Committees support language as proposed by House Report 110-197 and Senate 110-128 for a competitive university grants program. USAID should consider the following proposals:

University of Iowa to train teachers and educational administrators in Timor-Leste (p. 30)

Economic Support Fund (p.33)
East Asia and the Pacific
Indonesia - $65m
Timor-Leste - $17m

Foreign Military Financing Program (p. 49)
Southeast Asia
Indonesia - $15.7m

The amended bill provides for the transfer of $4 million to the "Diplomatic and Consular Programs" account to be administered by DRL for monitoring of FMF assistance in countries where such monitoring is most needed, in addition to amounts otherwise available for such purposes. These funds are intended to be used for activities such as providing hardware and software upgrades for monitoring the use of United States equipment and for vetting of foreign participants in United States military training programs; personnel and travel costs in country to conduct monitoring ; and other costs associated with training United States-based and overseas staff in how to interpret and implement the Leahy Law and other human rights mandates , such as human rights reporting mandates, such as bringing human rights reporting officers to training seminars.

Section 651. Limitation on Assistance to Security Forces (p. 60)
The amended bill includes language proposed by the Senate, adding a new section to the Foreign Assistance Act of 1961 entitled “Limitation on Assistance for Security Forces.” This provision is consistent with longstanding United States law and practice. The House provision provided a one-year extension of this prohibition.

Section 679. Indonesia (p. 64)
The amended bill provides $15,700,000 for assistance for Indonesia under the heading “Foreign Military Financing Program”, of which $13,000,000 may be obligated immediately. The remaining $2,700,000 may not be available under the Secretary of State reports to the Appropriations Committees on steps taken, and plans developed, by the Government of Indonesia to address certain human rights oncerns involving the Indonesian Armed Forces. The House (sec. 682) and Senate (sec. 685) include similar provisions.