Feingold Amendment Passes Committee
Senate Foreign Relations Committee ties human rights in East Timor
to arms sales to Indonesia.
Press release from Senator Feingold
Text of the amendment as approved
CNRM Hails Feingold Amendment
News Release from U.S. Senator Russ Feingold
FOR IMMEDIATE RELEASE
Wednesday, September 8, 1993
Contact: Bob Decheine (202)224-5323
SENATE FOREIGN RELATIONS COMMITTEE ADOPTS FEINGOLD PROPOSAL TO LINK
ARMS SALES TO INDONESIA TO HUMAN RIGHTS IMPROVEMENTS
(Washington, D.C.) -- The Senate Foreign Relations Committee voted
unanimously today to adopt a proposal by Sen. Russ Feingold, (D-WI) to
link U.S. arms sales to Indonesia to improvements in the human rights
situation in occupied East Timor.
"When this provision passes Congress and is signed into law by the
President, it will mark a historic turning point in the conduct of United
States foreign policy," said Feingold. "We will be drawing a
direct policy link between U.S. sanctioned arms sales and human rights
violations."
Feingold's provision was supported by Republican and Democratic members
of the Senate Foreign Relations Committee. The Wisconsin Democrat had
earlier convinced the Administration to disapprove a proposed transfer of
American built F-5E fighter bombers from Jordan to Indonesia.
"Indonesia has been engaged in a campaign of systematic oppression
in the occupied island nation of East Timor since 1975. In November of
1991, Indonesian security forces conducted a massacre of civilian
demonstrators that resulted in at least 100 deaths and hundreds of
injuries. The full extent of this massacre and the ongoing Indonesian
oppression of East Timor is not fully known because the Indonesian
government has not properly investigated this incident. Furthermore, it
has refused access to East Timor to international humanitarian
organizations and human rights groups," said Feingold.
"Hopefully this action will serve notice to the government of
Indonesia that the United States will not tolerate and will not assist the
kind of human rights violations being perpetrated in East Timor,"
said Feingold.
Feingold's amendment lays out six specific criteria that must he
considered by the President in consultation with the Congress prior to the
approval of any arms sale or transfer. Those criteria are: (see text of
the amendment)
-----------------------------------
FEINGOLD AMENDMENT ON ARMS SALES TO INDONESIA
Section ___. Arms Sales to Indonesia
(a) Prior to approval of the sale or transfer of defense articles,
defense services, or design and construction services under the Arms
Export Control Act (22 U.S.C. 2751 et seq) for which a numbered
certification is required under Section 36(b) of that Act, to the
Government of Indonesia or to issuance of licenses with respect to the
commercial sale of major defense articles or defense services which fall
within the scope of Section 36(c)(1) of the Act to such Government, the
President shall consult with the Congress and make a determination as to
whether there have been improvements in the human rights situation in East
Timor.
(b) In making this determination, the President shall carefully
consider
-- whether the civilians convicted in connection with the November 1991
East Timor incident have been treated in accordance with international
standards of fairness, including whether the Indonesian Government has
reviewed the sentences of these individuals for the purpose of their
commutation, reduction or remission;
-- whether the Indonesian Government is taking steps to curb human
rights violations by its security forces, including that all military
personnel who were responsible for ordering, authorizing or initiating the
use of lethal force against demonstrators in East Timor in November 1991,
are being brought to justice;
-- whether there has been a full public accounting of the individuals
missing after the November 1991 incident;
-- whether international humanitarian organizations, human rights
groups and others have been granted expanded access to East Timor;
-- whether the Indonesian Government has implemented stated plans to
decrease the military presence on East Timor;
-- whether the Indonesian Government is cooperating constructively with
the United Nations Secretary General's efforts to promote dialogue between
Indonesia and Portugal to resolve issues concerning East Timor.
From ETAN:
To better understand the implications of the Feignold amendment I
tacked down the sections and definitions in the Arms Export Control Act
(PL90-629)
The Arms Export Control Act (22 U.S.C. 2751 et seq) requires
certification under Section 36(b) for "any defense articles or
services ... for $50,000,000 or more, any design and construction services
for $200,000,000 or more or any major defense equipment for $14,000,000 or
more.
Major defense articles or defense services which fall within the scope
of Section 36(c)(1) of the Act are defined as "any major defense
equipment sold under a contract in the amount of $14,000,000 or more or of
defense articles or defense services sold under a contract in the amount
of $50,000,000 or more"
Section 47 (3) defines "defense article" as (A) any weapon,
weapons system,, munition, aircraft vessel, boat, or other instrument of
war (B) any property, installation, commodity, material, equipment,
supply, or goods used for the purposes of making military sales, (C) any
machinery, facility, tool, material, supply, or other item necessary for
the manufacture, production, processing, repair, servicing, storage,
construction, transportation, operation, or use of any article listed in
this paragraph, and (D) any component of part of any articles listed in
this paragraph,...
"defense service" is defined in 47(4) as "includ[ing]
any service, test, inspection, repair, training, publication, technical or
other assistance, or defense information (as defined in section 644(e) of
the Foreign Assistance Act of 1961) used for the purposes of making
military sales but does not include design and construction services under
section 29 of this Act;
"major defense equipment" is defined in 47(6) as meaning
"any item of significant military equipment on the United States
Munitions List have a nonrecurring research and development cost of more
than $50,000,000 or a total production cost of more than $200,000,000;
-----
CNRM Hails Feingold Amendment
TIMOR REBELS HAIL U.S. SENATE VOTE AGAINST INDONESIA
Reuters wire, full text.
Sydney, Sept. 9 (Reuter) Timorese rebels on Thursday praised a U.S.
Senate committee vote linking arms sales to Indonesia to an improvement in
Jakarta's (unreadable) in East Timor.
Margherita Tracanelli of the National Council of Maubere Resistance,
the rebel umbrella group based in Australia, said the vote was a sign of
firmer support in the U.S. government for a solution to the issue of East
Timor.
"The international tide is turning against Indonesia on the issue
of East Timor," Tracanelli said.
"The unprecedented support we have in the U.S. Congress reflects
the fact that, at the end of the Cold War, Indonesia cannot hide behind an
anti-communist stance while it continues to perpetrate human rights
abuses,'' Tracanelli said.
The amendment to a foreign aid bill, adopted by the Senate Foreign
Relations Committee, requires the U.S. president to consider human rights
criteria alongside Congress before any arms sale or transfer to Indonesia
can be approved.
These include considering whether the Indonesian government is curbing
abuses by security forces and bringing to justice ''all military personnel
who were responsible for ordering, authorizing or initiating use of force
against demonstrators in East Timor."
It rejects Indonesian claims that only low level forces were
responsible for a massacre of civilians in East Timor's capital of Dili in
November 1991, when up to 180 Timorese were killed.
The legislation also ties approval of any military sales to a full
public accounting of people missing after the incident and to a review of
the sentences meted out to the Timorese for taking part in the march which
triggered the shootings.
Indonesia invaded the former Portuguese colony of East Timor in 1975
and annexed it the following year, a move not recognised by the United
Nations.
Return to Congressional Action on East Timor:
Statements, etc.
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