ETAN Praises U.S. Senate for Upholding Commitment to Human
Rights for Indonesia, Timor
Bill Would Maintain Restrictions on Indonesian Military
Assistance
For Immediate Release
Contact: John M. Miller (718) 596-7668
Karen Orenstein (202) 544-6911
July 20, 2005 - The East Timor and Indonesia Action
Network (ETAN) today praised the Senate for agreeing today to
maintain most restrictions on U.S. military assistance to Indonesia.
"The Senate has done the right thing for the people of Indonesia
and East Timor by keeping restrictions on military assistance. The
Indonesian military has a long way to go before it becomes an
accountable institution that respects human rights and civilian
authority," said Karen Orenstein, Washington Coordinator of ETAN.
The Senate version of the fiscal year (FY) 2006 Foreign
Operations Appropriations bill would continue restrictions on
Foreign Military Finance (FMF) and export of "lethal" military
equipment until certain conditions are met. The
House version
would remove all restrictions on military assistance. A conference
committee with representatives from both chambers must reconcile the
two versions of the bill before it is sent to the President for
signature.
The Senate bill, however, would provide $1.5 million in FMF for
the Indonesian Navy.
International Military Education and Training (IMET) funds would
not be made available until the Secretary of State submits a
detailed report on U.S. and Indonesian efforts to bring to justice
those responsible for the ambush and murder of two U.S. citizens and
an Indonesian in West Papua on August 31, 2002.
"We hope the exceptions included in the bill won't undermine the
Senate's message that genuine reform requires credible prosecution
of officers for human rights violations, an end to the use of
militia front groups, and full transparency in the military's
finances and operations," Orenstein said.
"The same conditions which apply to weapons sales should apply to
military training and the Indonesian Navy," she said. "Any U.S.
assistance will be viewed by the still unreformed, unaccountable,
and intensely corrupt Indonesian military as an endorsement of
business-as-usual, not as a reward for very modest reforms."
"The Navy, like all other elements of Indonesia's security
forces, remains largely unaccountable for many human rights
violations, with a notably grisly record in West Papua,” continued
Orenstein.
The Senate bill would also require a report on troop deployments
and humanitarian and human rights conditions in West Papua and Aceh,
Indonesia's most repressed provinces. This reporting would include
“the extent to which members of Indonesia’s security forces support
these [jihadist-oriented] militia,” and “the extent to which
international funding for reconstruction in Aceh is being contracted
or subcontracted to firms controlled by or affiliated with the
Indonesian military.”
ETAN advocates for democracy, justice and human rights for East
Timor and Indonesia. ETAN calls for an international tribunal to
prosecute crimes against humanity committed in East Timor from 1975
to 1999 and for continued restrictions on U.S. military assistance
to Indonesia until there is genuine reform of its security forces.
Background
In the House version of the FY 2006 Foreign Operations
Appropriations bill passed in late June, only a
reporting
requirement introduced by Representative Patrick Kennedy (D-RI), who
supports legislated restrictions blocked by the Republican
leadership, referenced the poor human rights and justice records of
the Indonesian military.
In light of the late May visit of Indonesian President Yudhoyono
to Washington, the Bush administration announced it would permit
government sales of "non-lethal" military equipment and excess
defense articles.
In recent years, Congress had maintained only one condition
restricting full IMET: cooperation by Indonesian authorities with an
FBI investigation into the 2002 ambush murder in West Papua. In late
February, Secretary of State Condoleezza Rice
restored full IMET for
Indonesia, even though cooperation by Indonesia in this case has
been spotty at best.
Just two days after IMET's release, the State Department's
Country Reports on Human Rights Practices said, "Security force
members murdered, tortured, raped, beat, and arbitrarily detained
civilians and members of separatist movements, especially in Aceh
and to a lesser extent in Papua."
Under Yudhoyono, humanitarian and human rights conditions have
significantly deteriorated in West Papua and militarization of the
entire archipelago has increased. Only this week, over six and half
months after the tsunami devastated Aceh, did the military finally
announce it would suspend offensive operations as the government and
Acehnese rebels prepare to sign a peace agreement, and despite the
announcement,
military action continues. The Indonesian
government continues to block substantive international efforts at
accountability for crimes against humanity in East Timor. An
appeals
court this month overturned all convictions in the first test-case
of accountability for Suharto-era crimes, the 1984 Tanjung Priok
massacre that left scores of civilians murdered.
In May, 53 U.S. organizations urged President Bush not to offer
military assistance to Indonesia. East Timorese and Indonesian NGOs
have repeatedly called for maintaining restrictions on such
assistance. Victims and survivors of the West Papua killings have
called for continued restriction of IMET until their case is fully
resolved.
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 military and its militia proxies
razed East Timor.
At that time, Congress banned FMF, IMET and export of lethal
defense articles for Indonesia until a wide range of conditions were
met, including presidential certification that the Indonesian
government was prosecuting members of the armed forces accused of
rights violations or aiding militia groups and punishing those
guilty of such acts.
For additional background see
http://www.etan.org/issues/miltie.htm.
-30-
see also ETAN's
Legislative
Action pages
U.S.-Indonesia
Military Assistance page
***SENATE FOREIGN OPS BILL LANGUAGE***
H.R. 3057
[Report No. 109-96]
Rule
IN
THE SENATE OF THE UNITED STATES
Received; read twice and referred to the Committee on
Appropriations
June 30, 2005
Reported by Mr. MCCONNELL, with an amendment and an amendment to
the title
Other Bilateral Economic Assistance
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
appropriated under this heading, $2,000,000 shall be made available
for economic development programs conducted by Indonesian
universities:
INDONESIA
SEC. 6072. (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
cooperation 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.
(b) The Secretary
of State may waive subsection (a) if the Secretary determines and
reports to the Committees on Appropriations that to do so is in the
national security interests of the United States.
SECURITY IN ASIA
SEC. 6084. (a) Of
the funds appropriated under the heading `Foreign Military Financing
Program', not less than the following amounts shall be made
available to enhance security in Asia, consistent with democratic
principles and the rule of law--
(1) $45,000,000
for assistance for the Philippines;
(2) $1,500,000
for assistance for Indonesia;
(b) In addition to
amounts appropriated elsewhere in this Act, $25,000,000 is hereby
appropriated for `Foreign Military Financing Program': Provided,
That these funds shall be available only to assist the Philippines
in addressing the critical deficiencies identified in the Joint
Defense Assessment of 2003.
(c) Funds made
available for assistance for Indonesia pursuant to subsection
(a)
may only be made available for the Indonesian Navy, notwithstanding
section 6072 of this Act: Provided, That such funds shall only be
made available subject to the regular notification procedures of the
Committees on Appropriations.
REPORT ON INDONESIAN COOPERATION
SEC. 6108. Funds
available under the heading `International Military Education and
Training' may only be made available for assistance for Indonesia if
the Secretary of State submits a report to the Committees on
Appropriations that describes--
(1) the status of
the investigation of the murders of two United States citizens and
one Indonesian citizen that occurred on August 31, 2002 in Timika,
Indonesia, the status of any individuals indicted within the United
States or Indonesia for crimes relating to those murders, and the
status of judicial proceedings relating to those murders;
(2) the efforts
by the Government of Indonesia to arrest individuals indicted for
crimes relating to those murders and any other actions taken by the
Government of Indonesia, including the Indonesian judiciary, police
and Armed Forces, to bring the individuals responsible for those
murders to justice; and,
(3) the
cooperation provided by the Government of Indonesia, including the
Indonesian judiciary, police and Armed Forces, to requests related
to those murders made by the Secretary of State or the Director of
the Federal Bureau of Investigation.
WEST PAPUA REPORT
SEC. 6109. Not
later than 90 days after enactment of this Act, the Secretary of
State shall submit a report to the Committee on Appropriations,
describing--
(1) the
approximate number of Indonesian troops in West Papua including
trends in the number and deployment of security forces, the
approximate number of armed separatists, and progress toward a
political settlement of the conflict there including initiatives
from Papuan civil society such as the `land of peace' proposal;
(2) current
humanitarian and human rights conditions in West Papua, including
access for international and domestic humanitarian and human rights
groups and the media;
(3) the extent to
which international funding for reconstruction in Aceh is being
contracted or subcontracted to firms controlled by or affiliated
with the Indonesian military, and the involvement of Acehnese local
and provincial government and civil society in planning and
decision-making in reconstruction efforts;
(4) human rights
conditions in Aceh, the approximate number of Indonesian troops in
Aceh including trends in the number and deployment of security
forces, and efforts by the United States Government to promote a
political settlement of the conflict; and
(5) activities of
militia, including jihadist-oriented militia, and the extent to
which members of Indonesia's security forces support these militia.
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
Provided further, That of the funds
appropriated under this heading, not less than $1,500,000 shall be
made available for police training in the Republic of Timor-Leste:
REPORT LANGUAGE TO ACCOMPANY SEN FOR OPS BILL
June 30, 2005
Mr. MCCONNELL, from the Committee on
Appropriations, submitted the following
REPORT
[To accompany H.R. 3057]
OTHER
PAYMENT TO
THE ASIA FOUNDATION
The Committee recommends $15,000,000 for TAF,
which is $5,000,000 above the budget request. This level is
equivalent to that appropriated in fiscal year 1995, but less than
each appropriation in fiscal years 1992-1994. The Committee strongly
supports the programs and activities of TAF, particularly in
Indonesia.
ENVIRONMENT PROGRAMS
Biodiversity- The Committee commends USAID for
developing a biodiversity conservation strategy for the Amazon
basin. The Committee recommends not less than $10,000,000, in
addition to the amounts requested for biodiversity activities in
these countries in fiscal year 2006, to begin implementing this
initiative. Approximately $16,000,000 in prior year funds have also
been designated for this purpose. The strategy will, among other
things, strengthen the capacity of indigenous peoples to protect
their lands.
The Committee is concerned with the continuing destruction of
habitat of orangutans in Borneo and Sumatra, and expects USAID to
provide at least $2,000,000 for support through NGOs, including the
Orangutan Foundation and others, for activities to protect the
orangutan from extinction. The Committee requests to be consulted
prior to the obligation of funds. The Committee again calls on U.S.
Embassy officials in Jakarta to make the prevention of illegal
logging, which continues to be a widespread practice that is
condoned and encouraged by the Indonesian military, a priority for
U.S. policy.
UNIVERSITY PROGRAMS
Idaho State University.--A proposal,
in conjunction with the South African Institute of Traumatic Stress
and the Pulih Center for Trauma Recovery and Psychosocial
Intervention in Indonesia, to develop an international crisis
training protocol.
University of Kentucky.--A proposal,
in conjunction with Indonesian universities, to further economic
development opportunities in Indonesia.
INDONESIA
The Committee commends the people of Indonesia for holding
first-ever, Presidential elections in September 2004, and notes that
these peaceful polls serve as further evidence of the compatibility
of Islam and democracy. The Committee congratulates President Susilo
Bambang Yudhoyono for his electoral success, and commends him for
his stated commitment to combat corruption and terrorism. The
Committee also notes Yudhoyono's leadership following the December
2004 tsunami.
The Committee recognizes the complexities of Indonesia and
U.S.-Indonesian relations. Shared interests include increasing
security within the archipelago to counter international terrorism,
strengthening democracy and the rule of law, protecting human
rights, and continuing and accelerating economic, military, and
social reforms for the benefit of the Indonesian people, to include
increasing educational opportunities.
The Committee recommends $159,000,000 for assistance for
Indonesia from all accounts in the Act, an amount equal to the
budget request. The Committee directs the State Department to
conduct a thorough review of assistance programs for Indonesia prior
to submission of the fiscal year 2007 budget request. The Committee
remains concerned that sufficient funds are not being requested to
meet Indonesia's security and development needs.
The Committee appreciates Yudhoyono's personal commitment to
credibly investigate and bring to justice the perpetrators of the
August 31, 2002 murders of American and Indonesian citizens, and
expects that the administration will continue to make this matter a
priority in U.S.-Indonesian relations. The Committee directs the
State Department to report to the Committees 30 days after enactment
of this Act, and every 60 days thereafter, on the status of
cooperation between United States and Indonesian law enforcement
officials on this case.
SECURITY IN ASIA
The Committee targets assistance to Asia under the FMF and ESF
accounts, and appreciates the efforts of regional governments to
combat terrorism. The Committee again supports programs to increase
maritime security capabilities, including in Indonesia, and notes
that the Asian tsunami of December 2004 underscored the need for
such programs. The Committee recommends an additional $25,000,000
for FMF assistance for the Philippines to address critical
deficiencies identified in the Joint Defense Assessment of 2003.
The Committee notes that poor governance, weak democratic
institutions, cultural insensitivities, and corruption severely
undermine the ability to effectively counter the terrorism threat.
The Committee stresses that the war on terrorism must not serve as
an excuse for the more authoritarian governments in the region to
crack down on their citizens.
The Committee commends the courage and determination of democrats
and reformers in Asia, and believes that the strengthening of
democracy and the rule of law across the region is in the interests
of local citizens, specifically, and the community of democracies,
more broadly. The Committee encourages greater interaction and
cooperation among Asian reformers through such groups as the
Alliance for Reform and Democracy in Asia [ARDA]. Of the funds made
available for democracy programs in this Act, the Committee expects
$1,500,000 be made available for core support to ARDA and for its
programs and activities.
INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT
The Committee reaffirms its commitment to
strengthening the institutions, police, and security forces in
allied countries, some of them in the infant stages of democracy.
Among other programs identified in the request, the Committee
recommends funding fully the country programs for Indonesia, the
Philippines and Thailand.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The Committee continues its support for the IMET program and
provides $86,744,000 for this account, as requested.
The Committee encourages additional support under the IMET
account to U.S. allies in the war against international terrorism,
including the Philippines, Georgia, Latvia, Indonesia, El Salvador,
and Mongolia.
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