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East Timor and Indonesia Provisions in Foreign Relations Authorization Bill – as passed by the House, FY 2002, 2003

107th CONGRESS
1st Session
H. R. 1646

To authorize appropriations for the Department of State for fiscal years 2002 and 2003, and for other purposes.

SECTION 1. SHORT TITLE.

This Act may be cited as the `Foreign Relations Authorization Act, Fiscal Years 2002 and 2003'.

see ETAN media release
see excerpts from Congressional Record

SEC. 103. UNITED STATES EDUCATIONAL AND CULTURAL PROGRAMS.

(B) OTHER EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-

(iii) EAST TIMORESE SCHOLARSHIPS- Of the amounts authorized to be appropriated under clause (i), $500,000 for the fiscal year 2002 and $500,000 for the fiscal year 2003 are authorized to be available for `East Timorese Scholarships'

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SEC. 737. SENSE OF CONGRESS REGARDING HUMAN RIGHTS VIOLATIONS IN WEST PAPUA AND ACEH, INCLUDING THE MURDER OF JAFAR SIDDIQ HAMZAH, AND ESCALATING VIOLENCE IN MALUKU AND CENTRAL KALIMANTAN.

(a) FINDINGS- The Congress makes the following findings:

(1) Human rights violations by elements of the Indonesian Government continue to worsen in West Papua (Irian Jaya) and Aceh, while other areas including the Moluccas (Maluku) and Central Kalimantan have experienced outbreaks of violence by militia forces and other organized groups.

(2) Seven West Papuans were shot dead by Indonesian security forces following a flag-raising ceremony in the town of Merauke on December 2, 2000, and in a separate incident four others were reportedly killed by Indonesian security forces after a West Papuan flag was raised in Tiom on December 18, 2000.

(3) Indonesian police have attacked peaceful West Papuan civilians, including students in their dormitories at Cenderawasih University on December 6, 2000. This attack resulted in the beating and arrests of some 100 students as well as the deaths of three students, including one in police custody in the capital city of Jayapura.

(4) To escape Indonesian security forces, hundreds of peaceful West Papuans have sought safety in refugee camps across the border in the neighboring state of Papua New Guinea (PNG).

(5) The Indonesian armed forces have announced that they are initiating `limited military operations' in Aceh, where the Exxon-Mobil gas company has suspended operations due to security concerns.

(6) On September 7, 2000, the body of Acehnese human rights lawyer Jafar Siddiq Hamzah, who had been missing for a month, was identified along with four other badly decomposed bodies, whose faces were bashed in and whose hands and feet were bound with barbed wire, in a forested area outside of Medan, in North Sumatra.

(7) Hamzah, a permanent resident of the United States who resided in Queens, New York, was last seen alive on August 5, 2000, in Medan, after which he failed to keep an appointment and his family lost all contact with him.

(8) As the founder and director of the International Forum on Aceh, which works for peace and human rights in Aceh, Hamzah was an important voice of moderation and an internationally known representative of his people who made irreplaceable contributions to peace and respect for human rights in his homeland.

(9) The Indonesian government has failed to release the results of Jafar Siddiq Hamzah's autopsy report, and the inaccessibility of the report has delayed the investigation which could lead to bringing the murderers to justice.

(10) There is supporting documentation from the United States Department of State and other reliable sources that Indonesian military and police forces have committed widespread acts of torture, rape, disappearance and extra-judicial executions against West Papuan and Acehnese civilians.

(11) In Maluku, where Muslim and Christian peoples lived in peace and respected with each other for decades, thousands have been killed and tens of thousands displaced during outbreaks of violence over the past three years.

(12) Militia forces known as the Laskar Jihad have arrived from Java and other islands outside Maluku to inflame hatred and perpetrate violence against Christians, and to create religious intolerance among the people of Maluku, and the Laskar Jihad has been openly encouraged by some Indonesian leaders including Amien Rais, Chair of the People's Consultative Assembly.

(13) Muslim and Christian leaders alike have called for the arrest of militia leaders in Maluku and asking for international assistance in ending this devastating conflict.

(14) The most recent instance of widespread violence in Indonesia has broken out on the island of Kalimantan (Borneo), in the province of Central Kalimantan, where indigenous Dayaks brutally attacked migrant Madurese, killing hundreds and causing thousands of others to flee.

(15) The people of the island of Madura who were resettled in Kalimantan under the auspices of the Soeharto government's transmigration program, which served to strengthen the political control of the regime, have become scapegoats for official government policy, while the Dayaks have suffered from this policy and from official exploitation of the natural resources of their homeland.

(b) SENSE OF CONGRESS- The Congress--

(1) expresses its deep concern over ongoing human rights violations committed by Indonesian military and police forces against civilians in West Papua and Aceh, as well as over violence by militias and others in Maluku, Central Kalimantan, and elsewhere in Indonesia;

(2) calls upon the United States Department of State to publicly protest the reemergence of political imprisonment in Indonesia and to take necessary steps to release, immediately and unconditionally, all political prisoners, including Rev. Obed Komba, Rev. Yudas Meage, Yafet Yelemaken, Murjono Murib and Amelia Yigibalom of West Papua, and Muhammad Nazar of Aceh, all adopted by Amnesty International as Prisoners of Conscience, and student demonstrators Matius Rumbrapuk, Laon Wenda, Jenderal Achmad Yani, Joseph Wenda and Hans Gobay of West Papua.

(3) calls upon the Department of State to support and encourage the Government of Indonesia to engage in peaceful dialogue with respected West Papuan community leaders and other members of West Papuan civil society, as prescribed by the 1999 Terms of Reference for the National Dialogue on Irian Jaya, and to urge the Governor of West Papua to create an environment conducive to the peaceful repatriation of West Papuan refugees and `illegal border crossers' who now reside in Papua New Guinea.

(4) calls upon the United States Government to press the Government of Indonesia to permit access to West Papua and Aceh, including the project areas of the United States-owned Freeport mine and Exxon-Mobil facilities, by independent human rights and environmental monitors, including the United Nations special rapporteurs on torture and extra-judicial execution, as well as by humanitarian nongovernmental organizations;

(5) calls upon the United States Government to press for the withdrawal of nonorganic troops from West Papua and Aceh, and an overall reduction of force numbers in those areas, particularly along the PNG border;

(6) calls upon the Government of Indonesia to release the autopsy report of Jafar Siddiq Hamzah immediately, to conduct a thorough, open, and transparent investigation of the murder of Hamzah and the four others with whom he was found, to offer full access and support to independent investigators and forensics experts brought in to examine these cases, and to ensure that the perpetrators of these atrocities are brought to justice through open and fair trials;

(7) condemns the recent atrocities in Central Kalimantan the failure of Indonesian police and other security forces to intervene to stop these atrocities, as well as the underlying social and economic conditions caused by systematic transmigration programs, imported labor, and inequitable and destructive exploitation of local natural resources that have worsened the poverty and discrimination which were contributing factors in their commission;

(8) condemns comparable Indonesian Government policies in Maluku and the failure of Indonesian police and other security forces in and around Ambon to halt sectarian violence, including the operations of the Laskar Jihad militia;

(9) calls upon the Government of Indonesia to take decisive action to halt sectarian violence in Maluku and to arrest those guilty of violence, including Laskar Jihad militia leaders and armed forces officers guilty of complicity in their operations against civilians, and to make significant progress towards rehabilitation and reestablishment of local communities displaced by the violence and rebuild the physical infrastructure of the communities;

(10) calls upon the Department of State to support United Nations and other international delegations and monitoring efforts by international and nongovernmental agencies in West Papua, Aceh, Maluku, Central Kalimantan, West Timor, and other areas of Indonesia in order to deter further human rights violations, and to encourage and support international and nongovernmental agencies in efforts to help the people of Indonesia rebuild and rehabilitate communities torn by violence, particularly by assisting in the return of internally displaced peoples and in efforts at reconciliation within and among communities;

(11) calls upon the Department of State to ensure that all appropriate information regarding current conditions in the West Papua, Aceh, Maluku, Kalimantan, and elsewhere in Indonesia is included in the Annual Country Reports on Human Rights Practices and the Annual Report on International Religious Freedom;

(12) calls upon the Government of Indonesia to devote official attention, in an atmosphere of openness and transparency and oversight, to investigations into the numerous cases of disappearances, extrajudicial killings, and other serious human rights violations in West Papua, Aceh, Maluku, Central Kalimantan, elsewhere in Indonesia, and occupied East Timor; and

(13) calls upon the United States Government to continue to insist upon vigorous investigation into all such violations, and upon trials according to international standards for military and police officers, militia leaders, and others accused of such violations.

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Amendment No. 25 offered by Mr. LANTOS:

Page 153, after line 23, add the following:

TITLE IX--EAST TIMOR TRANSITION TO INDEPENDENCE ACT OF 2001

SECTION 901. SHORT TITLE. This title may be cited as the ``East Timor Transition to Independence Act of 2001''.

SEC. 902. FINDINGS. Congress makes the following findings:

(1) On August 30, 1999, the East Timorese people voted overwhelmingly in favor of independence from Indonesia. Anti-independence militias, with the support of the Indonesian military, attempted to prevent then retaliated against this vote by launching a campaign of terror and violence, displacing 500,000 people and murdering at least 1,000 people.

(2) The violent campaign devastated East Timor's infrastructure, destroyed or severely damaged 60 to 80 percent of public and private property, and resulted in the collapse of virtually all vestiges of government, public services and public security.

(3) The Australian-led International Force for East Timor (INTERFET) entered East Timor in September 1999 and successfully restored order. On October 25, 1999, the United Nations Transitional Administration for East Timor (UNTAET) began to provide overall administration of East Timor , guide the people of East Timor in the establishment of a new democratic government, and maintain security and order.

(4) UNTAET and the East Timorese leadership currently anticipate that East Timor will become an independent nation as early as late 2001.

(5) East Timor is one of the poorest places in Asia. A large percentage of the population live below the poverty line, only 20 percent of East Timor's population is literate, most of East Timor's people remain unemployed, the annual per capita Gross National Product is $340, and life expectancy is only 56 years.

(6) The World Bank and the United Nations have estimated that it will require $300,000,000 in development assistance over the next three years to meet East Timor's basic development needs.

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SEC. 903. SENSE OF CONGRESS RELATING TO SUPPORT FOR EAST TIMOR . It is the sense of Congress that the United States should--

(1) facilitate East Timor's transition to independence, support formation of broad-based democracy in East Timor , help lay the groundwork for East Timor's economic recovery, and strengthen East Timor's security;

(2) help ensure that the nature and pace of the economic transition in East Timor is consistent with the needs and priorities of the East Timorese people, that East Timor develops a strong and independent economic infrastructure, and that the incomes of the East Timorese people rise accordingly;

(3) begin to lay the groundwork, prior to East Timor's independence, for an equitable bilateral trade and investment relationship;

(4)(A) recognize East Timor , and establish diplomatic relations with East Timor , upon its independence;

(B) ensure that a fully functioning, fully staffed, adequately resourced, and securely maintained United States diplomatic mission is accredited to East Timor upon its independence; and

(C) in the period prior to East Timor's independence, ensure that the United States maintains an adequate diplomatic presence in East Timor , with resources sufficient to promote United States political, security, and economic interests with East Timor ;

(5) support efforts by the United Nations and East Timor to ensure justice and accountability related to past atrocities in East Timor through--

(A) United Nations investigations;

(B) development of East Timor's judicial system, including appropriate technical assistance to East Timor from the Department of Justice, the Federal Bureau of Investigation, and the Drug Enforcement Administration;

(C) the possible establishment of an international tribunal for East Timor ; and

(D) sharing with the United Nations Transitional Administration for East Timor (UNTAET) and East Timorese investigators any unclassified information relevant to past atrocities in East Timor gathered by the United States Government; and

(6)(A) as an interim step, support observer status for an official delegation from East Timor to observe and participate, as appropriate, in all deliberations of the Asia-Pacific Economic Cooperation (APEC) group, the Association of Southeast Asian Nations (ASEAN), and other international institutions; and

(B) after East Timor achieves independence, support full membership for East Timor in these and other international institutions, as appropriate.

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SEC. 904. BILATERAL ASSISTANCE.

(a) AUTHORITY.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to--

(1) support the development of civil society, including nongovernmental organizations in East Timor ;

(2) promote the development of an independent news media;

(3) support job creation, including support for small business and microenterprise programs, environmental protection, sustainable development, development of East Timor's health care infrastructure, educational programs, and programs strengthening the role of women in society;

(4) promote reconciliation, conflict resolution, and prevention of further conflict with respect to East Timor , including establishing accountability for past gross human rights violations;

(5) support the voluntary and safe repatriation and reintegration of refugees into East Timor ; and

(6) support political party development, voter education, voter registration, and other activities in support of free and fair elections in East Timor .

(b) AUTHORIZATION OF APPROPRIATIONS.--

(1) IN GENERAL.--There are authorized to be appropriated to the President to carry out this section $25,000,000 for fiscal year 2002.

(2) AVAILABILITY.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.

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SEC. 905. MULTILATERAL ASSISTANCE.

The Secretary of the Treasury should instruct the United States executive director at the International Board for Reconstruction and Development and the Asian Development Bank to use the voice, vote, and influence of the United States to support economic and democratic development in East Timor .

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SEC. 906. PEACE CORPS ASSISTANCE. The Director of the Peace Corps is authorized to--

(1) provide English language and other technical training for individuals in East Timor as well as other activities which promote education, economic development, and economic self-sufficiency; and

(2) quickly address immediate assistance needs in East Timor using the Peace Corps Crisis Corps, to the extent practicable.

[Page: H2228] GPO's PDF

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SEC. 907. TRADE AND INVESTMENT ASSISTANCE.

(a) OPIC.--The President should initiate negotiations with the Government of East Timor (after independence for East Timor)--

(1) to apply to East Timor the existing agreement between the Overseas Private Investment Corporation and Indonesia; or

(2) to enter into a new agreement authorizing the Overseas Private Investment Corporation to carry out programs with respect to East Timor, in order to expand United States investment in East Timor , emphasizing partnerships with local East Timorese enterprises.

(b) TRADE AND DEVELOPMENT AGENCY.--

(1) IN GENERAL.--The Director of the Trade and Development Agency is authorized to carry out projects in East Timor under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421).

(2) AUTHORIZATION OF APPROPRIATIONS.--

(A) IN GENERAL.--There are authorized to be appropriated to the Trade and Development Agency to carry out this subsection $1,000,000 for fiscal year 2002.

(B) AVAILABILITY.--Amounts appropriated pursuant to the authorization of appropriations under subparagraph (A) are authorized to remain available until expended.

(c) EXPORT-IMPORT BANK.--The Export-Import Bank of the United States should expand its activities in connection with exports to East Timor to the extent such activities are requested and to the extent there is a reasonable assurance of repayment.

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SEC. 908. GENERALIZED SYSTEM OF PREFERENCES.

(a) SENSE OF CONGRESS.--It is the sense of Congress that the President should encourage the Government of East Timor (after independence for East Timor ) to seek to become eligible for duty-free treatment under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.; relating to generalized system of preferences).

(b) TECHNICAL ASSISTANCE.--The United States Trade Representative and the Commissioner of the United States Customs Service are authorized to provide technical assistance to the Government of East Timor (after independence for East Timor ) in order to assist East Timor to become eligible for duty-free treatment under title V of the Trade Act of 1974.

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SEC. 909. BILATERAL INVESTMENT TREATY.

It is the sense of Congress that the President should seek to enter into a bilateral investment treaty with the Government of East Timor (after independence for East Timor) in order to establish a more stable legal framework for United States investment in East Timor.

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SEC. 910. PLAN FOR ESTABLISHMENT OF DIPLOMATIC FACILITIES IN EAST TIMOR .

(a) DEVELOPMENT OF DETAILED PLAN.--The Secretary of State shall develop a detailed plan for the official establishment of a United States diplomatic mission to East Timor , with a view to--

(1) recognize East Timor , and establish diplomatic relations with East Timor , upon its independence;

(2) ensure that a fully functioning, fully staffed, adequately resourced, and securely maintained United States diplomatic mission is accredited to East Timor upon its independence; and

(3) in the period prior to East Timor's independence, ensure that the United States maintains an adequate diplomatic presence in East Timor , with resources sufficient to promote United States political, security, and economic interests with East Timor .

(b) REPORT.--

(1) IN GENERAL.--Not later than three months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains the detailed plan described in subsection (a), including a timetable for the official opening of a facility in Dili, East Timor , the personnel requirements for the mission, the estimated costs for establishing the facility, and its security requirements.

(2) FORM OF REPORT.--The report submitted under this subsection shall be in unclassified form, with a classified annex as necessary.

(c) CONSULTATION.--Beginning six months after the submission of the report under subsection (b), and every six months thereafter until January 1, 2004, the Secretary of State shall consult with the chairmen and ranking members of the committees specified in that paragraph on the status of the implementation of the detailed plan described in subsection (a), including any revisions to the plan (including its timetable, costs, or requirements).

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SEC. 911. SECURITY ASSISTANCE FOR EAST TIMOR .

(a) STUDY AND REPORT.--

(1) STUDY.--The President shall conduct a study to determine--

(A) the extent to which East Timor's security needs can be met by the transfer of excess defense articles under section 516 of the Foreign Assistance Act of 1961;

(B) the extent to which international military education and training (IMET) assistance will enhance professionalism of the armed forces of East Timor , provide training in human rights, and promote respect for human rights and humanitarian law; and

(C) the terms and conditions under which such defense articles or training, as appropriate, should be provided.

(2) REPORT.--Not later than 3 months after the date of enactment of this Act, the President shall transmit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives a report that contains the findings of the study conducted under paragraph (1).

(b) AUTHORIZATION OF ASSISTANCE.--

(1) IN GENERAL.--Beginning on the date on which Congress receives the report transmitted under subsection (a), or the date on which Congress receives the certification transmitted under paragraph (2), whichever occurs later, the President is authorized--

(A) to transfer excess defense articles under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) to East Timor in accordance with such section; and

(B) to provide military education and training under chapter 5 of part II of such Act (22 U.S.C. 2347 et seq.) for the armed forces of East Timor in accordance with such chapter.

(2) CERTIFICATION.--A certification described in this paragraph is a certification that--

(A) East Timor has established an independent armed forces; and

(B) the assistance proposed to be provided pursuant to paragraph (1)--

(i) is in the national security interests of the United States; and

(ii) will promote both human rights in East Timor and the professionalization of the armed forces of East Timor.

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SEC. 912. AUTHORITY FOR RADIO BROADCASTING.

The Broadcasting Board of Governors is authorized to further the communication of information and ideas through the increased use of audio broadcasting to East Timor to ensure that radio broadcasting to that country serves as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.

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SEC. 913. CONSULTATION REQUIREMENT.

(a) IN GENERAL.--Not later than six months after the date of the enactment of this Act, and every six months thereafter until January 1, 2004, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, the Secretary of the Treasury, the United States Trade Representative, the Secretary of Commerce, the Overseas Private Investment Corporation, the Director of the Trade and Development Agency, the President of the Export-Import Bank of the United States, the Secretary of Agriculture, and the Director of the Peace Corps, shall consult with the Chairman and ranking member of the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate concerning the information described in subsection (b).

(b) INFORMATION.--The information described in this subsection includes--

(1) developments in East Timor's political and economic situation in the period covered by the report, including an evaluation of any elections occurring in East Timor and the refugee reintegration process in East Timor ;

(2)(A) in the initial consultation, a 2-year plan for United States foreign assistance to East Timor in accordance with section 904, prepared by the Administrator of the United States Agency for International Development, which outlines the goals for United States foreign assistance to East Timor during the 2-year period; and

(B) in each subsequent consultation, a description in detail of the expenditure of United States bilateral foreign assistance during the period covered by each such consultation;

(3) a description of the activities undertaken in East Timor by the International Bank for Reconstruction and Development, the Asian Development Bank, and other international financial institutions, and an evaluation of the effectiveness of these activities;

(4) an assessment of--

(A) the status of United States trade and investment relations with East Timor , including a detailed analysis of any trade and investment-related activity supported by the Overseas Private Investment Corporation, the Export-Import Bank of the United States, and the Trade and Development Agency during the period of time since the previous consultation; and

(B) the status of any negotiations with the United Nations Transitional Administration for East Timor (UNTAET) or East Timor to facilitate the operation of the United States trade agencies in East Timor ;

(5) the nature and extent of United States-East Timor cultural, education, scientific, and academic exchanges, both official and unofficial, and any Peace Corps activities;

(6) a description of local agriculture in East Timor , emerging opportunities for producing, processing, and exporting indigenous agricultural products, and recommendations for appropriate technical assistance from the United States; and

(7) statistical data drawn from other sources on economic growth, health, education, and distribution of resources in East Timor .

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Committee Section 108--Migration and Refugee Assistance.

This provision provides $817,000,000 for fiscal years 2002 and 2003 for refugee and migration programs. This is the amount necessary to keep the amount available for worldwide refugee protection level in constant dollars over the last 6 years. The refugee account is the only major State Department account which has not received sufficient annual increases since fiscal year 1995 to compensate for the effects of inflation. Yet the number of refugees and other persons in need of protection, such as internally displaced persons and refugees who have repatriated but not yet been fully reintegrated in their home countries, is at least as great as it was 6 years ago, and the per capita cost of providing such protection has increased substantially. The resulting shortfalls in the protection budgets of the United Nations High Commissioner for Refugees and other international and nongovernmental organizations devoted to providing food, shelter, and other basic necessities to refugees have contributed to increased instability, to involuntary and unsafe repatriation, and in some cases to dramatic increases in infant and child mortality.

Refugee protection is particularly jeopardized in Africa, where UNHCR's protection capacity is historically weak and understaffed despite the needs of more than 6 million refugees and other persons of concern. Among other needs that are not being met, the United States Committee for Refugees estimates that there is an immediate need for 100 additional UNHCR Protection Officers in Africa, at an estimated cost of $15 million. Yet the new High Commissioner, Ruud Lubbers, recently announced the need for further UNHCR budget cuts in light of a 20% shortfall in anticipated commitments from donor nations.

The Committee remains deeply concerned about the fate of East Timorese refugees in militia-controlled camps in Indonesian West Timor. The Committee deplores the failure of the Indonesian government and security forces to disarm and disband militia groups which have enjoyed close relationships with elements of these forces, and which continue to intimidate refugees, spread misinformation, prevent safe and full access to refugees by international and local humanitarian workers, and threaten the peace and security of East Timor. The Committee is troubled by worsening humanitarian conditions for East Timorese refugees in the camps and elsewhere, particularly widespread malnutrition and disease; reports of sexual enslavement of women and girls; and the separation of East Timorese children from their refugee parents. The Committee urges the Department of State to monitor closely the refugee situation in West Timor and, insofar as is possible, to provide funding to improve health, food, and other humanitarian conditions for refugees in West Timor and to assist in refugee repatriation and resettlement. Due to the current inability of the United Nations High Commissioner for Refugees and other international organizations to operate in West Timor, the Committee recommends the Department explore alternative means of providing humanitarian support, including funding for West Timorese nongovernmental organizations and humanitarian agencies of the West Timor provincial government.

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Amendment No. 15 offered by Mr. FALEOMAVAEGA:

Page 122, after line 23, insert the following:

SEC. 747. SENSE OF THE CONGRESS RELATING TO UPCOMING ELECTIONS IN FIJI, EAST TIMOR, AND PERU.

It is the sense of the Congress that--

(1) the upcoming national elections in Fiji and East Timor in August 2001 and Peru in June 2001 are crucial and should be conducted in a free, fair, and democratic manner; and

(2) the Secretary of State should send election monitors to Fiji, and should offer technical support, as appropriate, to East Timor and Peru, to support free and fair elections in these nations

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