U.S. Congress Upholds Pressure for Human Rights for Indonesia,
Timor
Law Will Restrict Military Assistance for Indonesia
For Immediate Release
Contact: John M. Miller (718) 596-7668; (917) 690-4391 (cell)
Karen Orenstein (202) 544-6911
November 3, 2005 - The East Timor and Indonesia Action
Network (ETAN) today praised congressional conferees for agreeing to
maintain some restrictions on U.S. military assistance to Indonesia
in the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2006. The Conference
Report was filed yesterday.
"The Indonesian military is still a long way off from
constituting a professional institution respectful of human rights
and fully accountable to civilian authority. We are very pleased
that Congress recognizes this," said Karen Orenstein, National
Coordinator of ETAN. "U.S. restrictions on military assistance
provide key leverage to support justice for the people of East Timor
and Indonesia and must be maintained."
The Senate-House of Representatives conference committee agreed
to continue restrictions on Foreign Military Finance (FMF) and
export of "lethal" military equipment to Indonesia until
certain conditions, similar to those initially
passed by the Senate, are met. These
conditions include prosecution of those responsible for human rights
violations and implementation of reforms to enhance civilian control
of the military. The
House version of the Foreign Operations Appropriations bill
would have removed all restrictions on military assistance. The
final bill makes an exception for the Indonesian navy, providing $1
million in FMF.
The legislation also requires a
detailed report on U.S. and Indonesian efforts to bring to
justice those responsible for the ambush and murder of two U.S.
citizens and an Indonesian in West Papua on August 31, 2002. The
Senate version of the bill would have withheld International
Military Education and Training (IMET) until the report was issued.
The conferees further directed the Secretary of State to submit
a report on troop deployments and humanitarian
and human rights conditions in West Papua and Aceh, Indonesia's most
repressed provinces. This reporting would include "the extent to
which members of Indonesia's security forces support these [jihadist-oriented]
militia," and "the extent to which international funding for
reconstruction in Aceh is being contracted or subcontracted to firms
controlled by or affiliated with the Indonesian military." The
report was part of the Senate version of the bill.
"Unfortunately, any U.S. assistance will be viewed by the still
unreformed and intensely corrupt Indonesian military as an
endorsement of business-as-usual, not as a reward for very modest
reforms. The navy, like the other elements of Indonesia's security
forces, remains largely unaccountable for many human rights
violations. It has a notably grisly record in West Papua," said
Orenstein.
In September, the United States Conference of Catholic
Bishops called
for placing human rights conditions on military assistance to
Indonesia, as have many other religious leaders and members of
Congress not participating in the conference committee.
Representatives of 48 human rights, faith-based, arms control and
peace groups also
wrote to Congress urging continued restriction of military
assistance.
“We especially thank Senator Leahy and Representative Lowey for
resolutely ensuring that Congress continues to act as the
government’s conscience in supporting peace and justice in Indonesia
and East Timor,” Orenstein stated.
The bill earmarks $19 million in Economic Support Funds for East
Timor and $5 million and $1.5 million, respectively, in police
training for Indonesia and East Timor.
For more background see
http://etan.org/issues/miltie.htm.
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 continued restrictions on U.S. military assistance
to Indonesia until there is genuine reform of its security forces.
H9499 November 2, 2005 CONGRESSIONAL
RECORD—HOUSE H9499
CONFERENCE REPORT ON H.R. 3057, FOREIGN OPERATIONS, EXPORT
FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2006
SECURITY IN ASIA SEC. 591.
(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— (2) $1,000,000 for
assistance for Indonesia; (c) Funds made available for assistance
for Indonesia pursuant to subsection (a) may only be made available
for the Indonesian Navy, notwithstanding section 599F of this Act:
Provided, That such funds shall only be made available subject to
the regular notification procedures of the Committees on
Appropriations.
INDONESIA SEC. 599F.
(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
Secretary of State certifies to the appropriate congressional
committees that—
(1) the Indonesian Government is prosecuting and punishing,
in a manner proportional to the crime, members of the Armed
Forces who have been credibly alleged to have committed gross
violations of human rights;
(2) at the direction of the President of Indonesia, the Armed
Forces are cooperating with civilian judicial authorities and
with international efforts to resolve cases of gross violations
of human rights in East Timor and elsewhere; and
(3) at the direction of the President of Indonesia, the
Government of Indonesia is implementing reforms to improve
civilian control of the military.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that to do so is in the national security interests of the United
States.
REPORT ON INDONESIAN COOPERATION
SEC. 599G.
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 status of the investigation of the murders of two
United States citizens and one Indonesian citizen that occurred on
August 31, 2002 in Timika, Indonesia, the status of any individuals
indicted within the United States or Indonesia for crimes relating
to those murders, and the status of judicial proceedings relating to
those murders; (2) the efforts by the Government of Indonesia to
arrest individuals indicted for crimes relating to those murders and
any other actions taken by the Government of Indonesia, including
the Indonesian judiciary, police and Armed Forces, to bring the
individuals responsible for those murders to justice; and (3) the
cooperation provided by the Government of Indonesia, including the
Indonesian judiciary, police and Armed Forces, to requests related
to those murders made by the Secretary of State or the Director of
the Federal Bureau of Investigation.
ECONOMIC SUPPORT FUND [Budget authority in thousands of dollars]
East Asia and the Pacific:
East Timor ..................... 19,000
Indonesia ........................ 70,000
ECONOMIC DEVELOPMENT PROGRAMS— INDONESIAN UNIVERSITIES
The conference agreement does not include a proposal by the Senate
that $2,000,000 be made available for economic development programs
conducted by Indonesian universities. However, the conferees expect
funding to be provided for this purpose.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT [Budget
authority, dollars in thousands]
Conference agreement
Indonesia ..................................... 5,000
Timor-Leste ................................. 1,500
FOREIGN MILITARY FINANCING PROGRAM [Budget authority in thousands
of dollars]
Conference agreement
Indonesia ..................................... 1,000
Sec. 591. Security in Asia The conference agreement includes a
provision similar to that proposed by the Senate (section 6084)
which (1) specifies military assistance for a number of countries in
Asia; (2) makes funds available for the Philippines to address
critical deficiencies identified in the Joint Defense Assessment of
2003; (3) permits funding for the Indonesian Navy, subject to the
notification of the Committees on Appropriations;
Sec. 599F. Indonesia
The conferees include a provision, similar to that proposed by the
Senate (section 6072), which conditions the availability of military
assistance for Indonesia on a certification by the Secretary of
State that certain conditions have been met. The conferees are
grateful for Indonesia’s contributions to the global war on
terrorism, and recognize the important progress evinced by the
government of Indonesia in advancing civilian control of the
military. The conferees remain concerned with human rights in
Indonesia, including the role of some Indonesian military officers
in organizing and supplying militia groups during 1999 attacks in
East Timor, and urge the Indonesian Government to bring those
responsible to justice. The House did not address this issue.
Sec. 599G. Report on Indonesian Cooperation
The conferees include a provision, similar to that proposed by the
Senate (section 6108), which requires a report by the Secretary of
State on progress being made into the investigation and prosecution
of the murders of two United States citizens and one Indonesian
citizen in 2002.
PROVISIONS NOT ADOPTED BY THE CONFEREES
The conference agreement does not include a
provision proposed by the Senate (section 6109) regarding a ‘‘West
Papua Report’’ requiring the Secretary of State to submit a report
regarding Indonesian troops, and current humanitarian and human
rights conditions, in the Papua region of Indonesia. The House did
not address this matter. The conferees direct the Secretary of State
to submit, within 90 days of enactment of the Act, the report
required by the Senate provision. [ETAN note: The report also calls
for certain information regarding Aceh. The original Senate language
can be found here.
OTHER BILATERAL ECONOMIC ASSISTANCE ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
Provided further, That of the funds appropriated under this heading,
not less than $19,000,000 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:
EAST ASIA AND THE PACIFIC
The conferees note that democracy remains fragile in Timor-Leste.
The UNOTIL is scheduled to end in May 2006 and some essential
government functions remain dependent on international assistance.
The conference agreement includes language directing not less than
$19,000,000 in ESF assistance for Timor-Leste, and $1,500,000 in
INCLE assistance for on-the-ground training of police.
|