etmnlong.gif (2291 bytes) spacer HR 3918 IH
Indonesia Human Rights Before Military Assistance Act
Sponsor: Rep McKinney, 105th Congress, 2nd Session

To prohibit the transfer of lethal military equipment, helicopters, replacement structural components and ammunition for that equipment and helicopters, and other related assistance to the Government of Indonesia unless the President certifies that the Government of Indonesia has been elected in free and fair elections, does not repress civilian political expression, and has made substantial improvement in human rights conditions in Indonesia, East Timor, and Irian Jaya (West Papua).

IN THE HOUSE OF REPRESENTATIVES
May 20, 1998

Ms. MCKINNEY (for herself, Mr. SMITH of New Jersey, Mrs. LOWEY, Mr. HALL of
Ohio, Mr. EVANS, Mr. SANDERS, Mr. OLVER, Mr. DEFAZIO, Ms. LEE, Mr. FRANK of
Massachusetts, and Mr. FARR of California) introduced the following bill; which was referred to the Committee on International Relations

A BILL

To prohibit the transfer of lethal military equipment, helicopters, replacement structural components and ammunition for that equipment and helicopters, and other related assistance to the Government of Indonesia unless the President certifies that the Government of Indonesia has been elected in free and fair elections, does not repress civilian political expression, and has made substantial improvement in human rights conditions in Indonesia, East Timor, and Irian Jaya (West Papua).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
This Act may be cited as the `Indonesia Human Rights Before Military Assistance Act'.

SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) FINDINGS- The Congress finds the following:
(1) The political and economic crisis in Indonesia has deteriorated to a crisis of legitimacy of the Suharto regime.

(2) The Suharto regime controls a vast military network (ABRI) that it uses to maintain control over a population of 200,000,000 people now suffering from the loss of some 10,000,000 jobs, skyrocketing inflation, and food shortages leading to severe hunger and political unrest.

(3) The Indonesian military has dramatically increased the number of troops in urban areas and has cracked down on the civilian population through the use of lethal force against student demonstrators, through mass arrests, through torture of prisoners, and through frequent disappearances of pro-democracy leaders especially in and around the capital city of Jakarta.

(4) General Suharto seized command of the Government of Indonesia 32 years ago in a bloody coup that claimed between 500,000 and 1,000,000 Indonesian lives.

(5) The Indonesian military continues to maintain brutal control over the people of Irian Jaya (West Papua).

(6) The Indonesian military's suppression of popular dissent in Aceh and economic oppression have resulted in the mass exodus of thousands of individuals seeking refuge in Malaysia, and those individuals forcibly returned to Aceh face detention in a prison maintained by the Indonesian special forces unit (KOPASSUS).

(7) KOPASSUS and other Indonesian military units are widely known for their exceedingly brutal methods of repression and torture against the people of both Indonesia and East Timor.

(8) Indonesian military violence now receiving international attention in Jakarta has been the rule in East Timor since 1975.

(9) Indonesia invaded East Timor on December 7, 1975, and has illegally occupied that nation for over 22 years.

(10) The Indonesian occupation has claimed the lives of over 200,000 East Timorese in massacres, by torture, and through forced starvation.

(11) The Government of Indonesia has amassed troops in urban areas in East Timor and during this period of crisis and human rights abuses, including arbitrary arrests, extrajudicial executions, disappearances, and torture continue to mount.

(b) DECLARATION OF POLICY- The Congress declares that the United States will no longer accept, condone, finance, or supply the Indonesian military's violence against its own people, the people of East Timor, and the people of Irian Jaya (West Papua).

SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO THE GOVERNMENT OF INDONESIA.

United States military assistance may not be provided to the Government of Indonesia for any fiscal year beginning after the date of the enactment of this Act unless the President certifies for that fiscal year that the Government of Indonesia--

(1) has been elected in free and fair elections;

(2) does not repress civilian political expression; and

(3) has made substantial improvement in human rights conditions in Indonesia and East Timor, as determined by independent international or United Nations monitors and the Secretary of State, including--

(A) the release of political prisoners;

(B) open access throughout Indonesia, East Timor, and Irian Jaya (West Papua) to international monitoring and relief organizations as well as the press; and

(C) the establishment of the rule of law in Indonesia, including civilian control of the military and the cessation of disappearances, torture, and extra-judicial executions in Indonesia and East Timor.

SEC. 4. UNITED STATES MILITARY ASSISTANCE DEFINED.

In this Act, the term `United States military assistance' means lethal military equipment, helicopters, replacement structural components and ammunition for such equipment and helicopters, and any other assistance under the following provisions of law:

(1) Chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act.

(2) Chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training).

(3) The `Foreign Military Financing Program' under section 23 of the Arms Export Control Act.

(4) The transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, including defense articles and defense services licensed or approved for export under section 38 of that Act.

(5) The transfer of dual use goods and technologies the export of which is controlled under the Export Administration Act of 1979.

(6) The transfer of crime control and detection instruments and equipment the export of which is controlled under the Export Administration Act of 1979.

Sponsors of HR 3918 IH

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