| Subject: CONG: House letter to President
Clinton
August 18, 2000
President William J. Clinton The White House 1600 Pennsylvania Ave.,
Washington, D.C. 20500
Dear Mr. President:
We are writing to express our deep concern about the Administration's
decision to begin resuming joint exercises and other forms of co-operation
with and assistance to the Indonesian military (TNI). We believe any such
resumption - even a "phased" resumption - is likely to be
counterproductive so long as significant elements of TNI continue to
resist civilian control and to be implicated in gross human rights
violations.
As you know, section 589 of the Foreign Operations Appropriations Act,
Fiscal Year 2000, prohibits military assistance, including military
education and training, to the armed forces of Indonesia until six
important human rights conditions have been met. These conditions include
certifications that the Indonesian armed forces are:
(1) taking effective measures to bring to justice members of the armed
forces and militia groups against whom there is credible evidence of human
rights violations;
(2) taking effective measures to bring to justice members of the armed
forces against whom there is credible evidence of aiding or abetting
militia groups;
(3) allowing displaced persons and refugees to return home to East
Timor, including providing safe passage for refugees returning from West
Timor;
(4) not impeding the activities of international peacekeeping forces
and transitional authorities in East Timor;
(5) demonstrating a commitment to preventing incursions into East Timor
by members of militia groups in West Timor; and
(6) demonstrating a commitment to accountability by cooperating with
investigations and prosecutions of members of the Indonesian armed forces
and militia groups responsible for human rights violations in Indonesia
and East Timor.
In recent briefings of Congressional staff, Administration officials
conceded that TNI has not met these conditions, but argued that
"phase one" of the resumption of military-military relations did
not include forms of assistance that were covered by the Foreign
Operations Appropriations Act restrictions. With respect, we believe this
argument misses the point. The six conditions set forth in the Act restate
minimal standards of decent and civilized behavior. Assisting an entity
that flouts these standards confers a United States "seal of
approval" that sends exactly the wrong signal to that entity, to its
innocent victims, and to other such entities and victims around the world.
In the weeks since the U.S. began "phasing in" its new
relationship with TNI, military violence in Indonesia appears to have
escalated. Violence and harassment against East Timorese refugees
perpetrated by TNI-supported militias in camps in West Timor have
intensified in recent weeks. There has also been an upsurge in militia
border incursions into East Timor and in attacks on United Nations
peacekeepers - resulting in 2 recent deaths - and on civilians. Militia
members killed or caught along the border in recent months have been
dressed in TNI uniforms, have been carrying new weapons, and in at least
one case possessed an ID card from the elite Kopassus military unit - all
signs of continuing TNI involvement. Militias have also begun operating in
Papua (Irian Jaya), and there are persistent and highly credible reports
of deep involvement by elements of TNI in massacres of Christians in
Maluku. Most recently, the disappearance of Acehnese human rights lawyer
Jafar Siddiq Hamzah - while it is too early to tell what has happened or
who is responsible - is disturbingly reminiscent of the disappearances of
human rights activists at the direction of senior TNI officers during the
Soeharto and Habibie eras.
In light of these developments, we are particularly concerned at
reports that the "phase one" assistance to TNI - which we have
been assured will be "nonlethal" - may include spare parts for
C-130 aircraft. Unless it can somehow be guaranteed that these parts will
never be used in support of combat missions or operations directed against
Indonesia's civilian population, it is inaccurate to characterize them as
nonlethal assistance. Moreover, we are informed that TNI is particularly
anxious to receive the C-130 parts, which makes them the very kind of
leverage that should be used as an incentive for significant progress
toward respect for human rights, accountability, and civilian control.
We believe the United States should strongly support the reform
government of President Abdurrahman Wahid and Vice President Megawati
Sukarnoputri. Such support should include generous bilateral and
multilateral assistance. It should include military assistance when and
only when the Abdurrahman-Megawati government has succeeded in its efforts
to bring the military under civilian control and to bring to justice those
who have committed atrocities in East Timor and throughout Indonesia. For
as long as TNI continues to evade civilian control and to condone or even
participate in gross violations of fundamental human rights, we will not
be doing any favors to the development of democratic governance in
Indonesia by giving TNI the material and symbolic benefits of a renewed
relationship with the United States.
Thank you for your careful consideration of this urgent request.
Sincerely,
Christopher H. Smith Member of Congress
Cynthia A. McKinney Member of Congress
Benjamin A. Gilman Member of Congress
Dennis J. Kucinich Member of Congress
Frank R. Wolf Member of Congress
Tony P. Hall Member of Congress
John Edward Porter Member of Congress
Lane Evans Member of Congress
Joseph R. Pitts Member of Congress
William D. Delahunt Member of Congress
James P. McGovern Member of Congress
Bobby L. Rush Member of Congress
Ralph M. Hall Member of Congress
Fortney Pete Stark Member of Congress
Michael E. Capuano Member of Congress
David E. Price Member of Congress
Peter A. DeFazio Member of Congress
Nita M. Lowey Member of Congress
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