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U.S. Congress Maintains Restrictions on Military Assistance for IndonesiaContact: John M. Miller, 718-596-7668; 917-690-4391 (cell) For Immediate Release November 21, 2004 - The U.S. Congress agreed yesterday to renew bans on International Military Education and Training (IMET) and foreign military financing (FMF) for Indonesia. Congress agreed to continue to bar grants of military equipment through the FMF program and on licenses for export of lethal equipment until certain conditions are met. The legislature also extended the ban on IMET until the State Department determines that the Indonesian armed forces and government are cooperating with the FBI's investigation into the murder of U.S. citizens in West Papua. "These restrictions on IMET and FMF sends an important message to Indonesia that Congress believes military reform and accountability are key to democratic progress in Indonesia," said John M. Miller, spokesperson for the East Timor Action Network (ETAN). "We hope Indonesia's new government listens." ETAN urged Congress to expand the conditions on resumption of IMET and extend conditionality to counter-terrorism training, which is funded under different legislation. "Congress should apply the same conditions on IMET and other military training that it has imposed on FMF," Miller said. "Indonesia has yet to fulfill conditions previously placed on IMET, including accountability for rights violations in East Timor and Indonesia and transparency in the military budget. In fact, the military continues to systematically violate human rights, especially in Aceh and West Papua. Many of those indicted for crimes against humanity in East Timor continue to maintain powerful positions," he said. The bill provides $6 million for the Indonesian Navy for "maritime security." Release of these funds is conditioned on certification that the Navy is not "committing gross violations of human rights" and is cooperating with civilian investigations and prosecution of human rights violations. The bill now goes to the President for his signature. Background Congress first voted to restrict Indonesia from receiving IMET, which brings foreign military officers to the U.S. for training, in response to the November 12, 1991 Santa Cruz massacre of more than 270 civilians in East Timor by Indonesian troops wielding U.S. supplied M-16 rifles. All military ties with Indonesia were severed in September 1999 as the Indonesian military (TNI) and its militia proxies razed East Timor. For fiscal year 2004, Congress banned IMET after a contentious debate on a bill passed in January until the State Department determines that the Indonesian military and government are cooperating with the FBI's investigation of the 2002 ambush. Although one West Papuan has been indicted in the U.S. for the murders in Timika, a number of congressional offices have insisted that the condition on IMET should remain in place until the investigation is completed and those responsible for the attack are brought to justice. Indonesia has yet to indict anyone in the killings. The TNI has been implicated in the August 2002 attack in the mining concession of Louisiana-based Freeport-McMoRan, which also killed an Indonesian and wounded 11 people, including a six-year-old child. The conditions on FMF are similar to those passed by Congress last year and include a call for budget transparency by the TNI and presidential certification that the Indonesian government is prosecuting members of the armed forces accused of rights violations or aiding militia groups and punishing those guilty of such acts. The TNI must cooperate with international efforts to bring human violators to justice. Three-quarters of those indicted by UN Security Council-mandated Serious Crimes Unit in East Timor currently reside in Indonesia. A number of indicted senior military and police officials and militia are active in military operations in Aceh and West Papua. The Indonesian navy is often viewed as having a better human rights record than the army. However, navy ships were integral to the massive, well-planned Indonesian military operation which systematically destroyed East Timor and forcibly transported a third of the population out of the territory in 1999. In July 1998, navy personnel massacred peaceful demonstrators in Biak, West Papua, and then dumped their bodies at sea. This crime has never been investigated. Marines are active in military operations in Aceh, where numerous human rights violations have occurred. Recently, an Indonesian naval vessel threatened and chased a tourist dive boat well within East Timor's waters. East Timor's Minister for Internal Administration, Rogerio Lobato, said Indonesian warships regularly violate Timor's waters. Last December, an Indonesian warship shelled a small disputed island off East Timor's enclave of Oecussi. On November 11, 2004, 16 East Timorese groups urged the U.S. Congress to end all assistance to the Indonesian military and to work for justice for victims of past human rights crimes. The groups wrote that Congress should “provide leadership by ending all assistance to the military which so damaged our country... Restrictions on military aid are essential to efforts to end impunity for the horrendous crimes committed in East Timor…. The more powerful and unaccountable the Indonesian military remains, the slimmer the chances for stability and democracy in Indonesia.” The appropriations bill also renews a general restriction on training units of security forces where the Secretary of State "has credible evidence that such unit has committed gross violations of human rights." The bill also provides $22,000,000 in economic assistance for East Timor, well above the administration's budget request. ETAN advocates for democracy, justice and human rights for East Timor and Indonesia. ETAN calls for an international tribunal to prosecute crimes against humanity that took place in East Timor since 1975 and continued restrictions on U.S. military assistance to Indonesia until there is genuine reform of its security forces. -30- Language on East Timor and Military Assistance to Indonesia in H.R. 4818 - Consolidated Appropriations Act, FY 2005 Economic Support Fund Provided further, That of the funds appropriated under this heading, not less than $22,000,000 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: : Provided further, That of the funds available under this heading for assistance for Indonesia, $3,000,000 should be made available to promote freedom of the media in Indonesia... --- INDONESIA SEC. 572. (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 Armed Forces are taking steps to counter international terrorism, consistent with democratic principles and the rule of law, and in co operation with countries in the region; (2) the Indonesian Government is prosecuting and punishing, in a manner proportional to the crime, members of the Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights or to have aided or abetted militia groups; (3) 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 (4) at the direction of the President of Indonesia, the Armed Forces are implementing reforms to increase the transparency and accountability of their operations and financial management, including making publicly available audits of receipts and expenditures. (b) Funds appropriated under the heading "Inter national Military Education and Training" may be made available for assistance for Indonesia if the Secretary of State determines and reports to the Committees on Appropriations that the Indonesian Government and Armed Forces are cooperating with the Federal Bureau of Investigation's investigation into the August 31, 2002 murders of two American citizens and one Indonesian citizen in Timika, Indonesia: Provided, That this restriction shall not apply to expanded international military education and training, which may include English language training. --- SECURITY IN ASIA SEC. 590. (a) INDONESIA.-Funds made available for assistance for Indonesia under the heading "Foreign. Military Financing Program" may be made available for assistance for the Indonesian navy notwithstanding section 572 of this Act if the Secretary of State reports to the Committees on Appropriations that the Indonesian navy is not violating human rights and is cooperating with civilian judicial authorities on cases involving human rights violations: Provided, That such funds may only be made available for assistance for the Indonesian navy for the purposes of enhancing maritime security: Provided further, That such funds shall be made available subject to the regular notification procedures of the Committees on Appropriations. --- LIMITATION ON ASSISTANCE TO SECURITY FORCES SEC. 551. None of the funds made available by this Act may be provided to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights, unless the Secretary determines and reports to the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice: Provided, That nothing in this section shall be construed to withhold funds made available by this Act from any unit of the security forces of a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice. SEC. 552. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section. CONFERENCE REPORT ON H.R. 4818, CONSOLIDATED APPROPRIATIONS ACT, 2005 -- (House of Representatives - November 19, 2004) ECONOMIC SUPPORT FUND Funds in this account are allocated in the following table and,
as stipulated in section 595, any change to these allocations is
subject to the regular reprogramming procedures of the Committees on
Appropriations: East Timor 22,000 The conference agreement provides that $3,000,000 should be made available to promote freedom of the media in Indonesia. The managers expect these funds will support ongoing programs and activities, including those conducted by Internews. The conference agreement does not include a Senate provision that $2,000,000 shall be made available for economic development programs conducted by Indonesian universities. However, the managers expect funding should be provided for this purpose. The managers expect USAID to provide sufficient funding for democracy building activities in Indonesia, and request USAID to consult with the Committees on this matter. The managers also expect currently unobligated funds for police training in Indonesia to be fully utilized before fiscal year 2005 Economic Support Fund resources are used for that purpose. --- INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT The managers do not include funds for police training in Indonesia under this heading and expect the State Department to consult with the Committees prior to using ESF funds in this or prior year Acts for these purposes. The managers request the State Department to submit a report to the Committees not later than 180 days after enactment of this Act on current and planned police training activities in Indonesia, including funding sources, obligations, and expenditures. The conference agreement does not include $1,000,000 for police training in Timor-Leste as proposed by the Senate. However the managers expect that under the heading ``Economic Support Fund'', of the $22,000,000 provided for Timor-Leste, that not less than $1,000,000 will be used for these purposes. --- FOREIGN MILITARY FINANCING PROGRAM Funds in this account are allocated in the following table and,
as stipulated in section 595 any change to these allocations is
subject to the regular reprogramming procedures of the Committees on
Appropriations: East Timor 1,000 The conference agreement includes Senate language prohibiting funding from this account for Sudan and Guatemala. The House bill also included Indonesia in the funding prohibition. -- Sec. 572. Indonesia The managers note the recent election of Indonesia President Susilo Bambang Yudhoyono and look forward to a cooperative relationship on a broad range of issues including anti-terrorism and military reform. The managers note the opportunity for improved and enhanced military-to-military relations. However, the managers remain concerned with the slow pace of military reforms in that country, and that members of the Indonesian Armed Forces continue to avoid justice in cases involving gross violations of human rights, including those committed in East Timor. The managers condition FMF assistance and licenses for the export of lethal defense articles on a certification by the Secretary of State. The conference agreement again conditions IMET assistance on the Indonesian Armed Forces cooperation with the FBI's investigation into the August 31, 2002 murders of two American citizens and one Indonesian citizen. Expanded IMET assistance is not subject to this condition. The managers strongly encourage the Indonesian Government to redouble efforts to resolve this case in a credible and professional manner. The House bill included language similar to that of the Senate on the provision of IMET assistance. The House bill did not address the issue of FMF assistance for Indonesia in this section, but prohibited assistance in the bill language under that account. --- Sec. 590. Security in Asia The conference agreement provides FMF assistance to a number of Asian countries not included in the 2005 budget request, including Cambodia, Indonesia, Fiji, Tonga, and Bangladesh, and additional assistance above the request for Mongolia, Thailand and Nepal. The managers endorse Senate report language regarding terrorism in Southeast Asia. The conference agreement provides FMF assistance for the Indonesian navy in order to enhance maritime security, subject to a report by the Secretary of State that the navy is not violating human rights and is cooperating with civilian judicial authorities on cases involving human rights violations. The provision of such assistance is subject to notification. see see also U.S. Senate Continues Restrictions on Military and IMET Assistance for Indonesia |
