full bill passed by House of Representatives on June 9, 2006.
see relevant Timor and Indonesia excerpts below
Rights Group Calls for Restrictions on Military Assistance to
Indonesia to Promote Reform and Accountability
House Committee Would Turn a Blind Eye to Rights Violations,
For Immediate Release Contact: John M. Miller (718) 596-7668;
(917) 690-4391 (cell)
Karen Orenstein (202) 544-6911
May 25, 2006 - The East Timor and Indonesia Action Network
(ETAN) today urged Congress to restore restrictions on military
assistance for Indonesia in the FY 2007 Foreign Operations
Appropriations bill. Over the objection of the Foreign Operations
Appropriations Subcommittee Ranking Member, Nita Lowey (D-NY),
Chairperson Jim Kolbe (R-AZ) insisted on funding weapons sales and
military training for Indonesia.
"The committee's failure under Mr. Kolbeís leadership to impose
any conditions on assistance to the Indonesian military will only
setback reform and accountability. The committee has turned a blind
eye to the ongoing violations, impunity, and horrific record of the
Indonesian military (TNI), a record acknowledged in report language
accompanying the bill," said Karen Orenstein, National Coordinator
"The TNI pays attention to Congressís action, not its rhetoric,"
"In the past, Congress has consistently imposed limits on
assistance to Indonesia to promote human rights and reform," said
Orenstein. "We urge Congress to continue in that tradition, by
restoring restrictions without a waiver before passing the bill."
Highlights of the Bill (H. R. 5522)
The committee recommended $4,500,000 Foreign Military Financing
(FMF) program for Indonesia, $3,510,000 more than this year, but $2
million less than the administration's request. The committee
expressed "continuing concern about the professionalism of the
Indonesian military" and stated that providing additional assistance
in "no way signals decreased concern about the poor human rights
record of the Indonesian military forces."
The TNI's record in Timor-Leste (also known as East Timor) was
most recently documented in the report of its Commission for
Reception, Truth and Reconciliation. The committee welcomed this
report and urged ďthe Governments of Indonesia, East Timor, and
other interested nations to examine, consider and respond to
recommendations made in the report." It also urged "the Government
of Indonesia to work to implement" the recommendations of the UN
Secretary General's Commission of Experts, which last year evaluated
accountability for serious crimes committed in East Timor in 1999.
The committee further directed the Department of State "to report
on the current climate for human rights defenders in Indonesia." The
committee highlighted the September 2004 poisoning death of human
rights lawyer Munir Said Thalib, noting that Indonesia's president
had yet to release the report of the his own fact-finding teamís
investigation into the assassination and emphasized "the need to
fully investigate any past or present senior government or military
officials implicated by that report."
Last November, Congress agreed to
continue restrictions on FMF and export of "lethal" military
equipment to Indonesia until human rights and other conditions were
met. Two days after the bill became law, the
Department of State issued a waiver
removing these restrictions. Congress had imposed various
restrictions on military assistance for Indonesia since 1992.
When issuing the waiver, the State Department pledged to
"carefully calibrate" any assistance to the TNI. Instead, the
administration's actions have demonstrated a policy of unrestrained
engagement with the TNI.
Last week, 15 human rights, religious and
other organizations urged the House Foreign Operations
Appropriations Subcommittee to reinstate restrictions on U.S.
military assistance to Indonesia as the best way "to influence
positive change in Indonesia and to encourage justice for the people
of Timor-Leste." They called legislated restrictions on FMF and
lethal defense exports, without a national security waiver, "the
most important leverage the U.S. Congress can exercise."
Earlier in May, the administration announced it would provide up
to $19 million for the Indonesian military through a new Pentagon
program "to build foreign military force capacity." The groups in
their letter wrote, "This amount dwarfs recent assistance levels,"
and that "this appropriation further invalidates any justification
to provide FMF for Indonesia for FY07...."
In addition to assistance through the new Pentagon program,
recent administration moves have included the participation of the
commander of Kopassus, the Indonesian military's notorious special
forces unit, in the Pentagon's annual Pacific Area Special Operation
Conference (PASOC) in April. This month, the Indonesian military for
the first time is participating in the Cobra Gold regional military
exercise with the United States and other countries.
In its final report, Timor-Leste's
Commission for Reception, Truth and Reconciliation called on
countries to make military assistance to Indonesia "totally
conditional on progress towards full democratisation, the
subordination of the military to the rule of law and civilian
government, and strict adherence with international human rights..."
In March, the Commander of the U.S. Pacific Command stated in
testimony before the Senate Armed Services Committee that he
endorsed "a rapid, concerted infusion of assistance" for the TNI.
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 restrictions on U.S. military assistance to
Indonesia until there is genuine reform of its security forces. For
additional background, see www.etan.org.
Excerpts from the bill as passed by the
House of Representatives
Making appropriations for foreign operations, export financing,
and related programs for the fiscal year ending September 30, 2007,
and for other purposes.
Other Bilateral Economic Assistance
Economic Support Fund
(INCLUDING TRANSFER OF FUNDS)
Provided further, That of the funds
appropriated under this heading that are available for assistance
for the Democratic Republic of Timor-Leste, up to $1,000,000 may be
available for administrative expenses of the United States Agency
for International Development:
--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS BILL, 2007
5, 2006- Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. KOLBE, from the Committee on Appropriations, submitted the
R E P
O R T
[To accompany H.R. 5522]
The Committee on Appropriations submits the following report in
explanation of the accompanying bill making appropriations for
Foreign Operations, Export Financing, and Related Programs, and for
sundry independent agencies and corporations for the fiscal year
ending September 30, 2007, and for other purposes.
The Committee recommends $70,000,000 for ESF programs in
Indonesia, a decrease of $10,000,000 from the request and the same
as the 2006 enacted level. This reduction is taken without
The Committee recognizes the tremendous accomplishments of the
Government of Indonesia in its drive toward democracy. In 2004,
Indonesia held a successful series of elections that culminated in
the direct democratic election of a new president. These elections
and further government reforms that are being implemented, give the
Committee confidence that Indonesia is an emerging success story in
South East Asia.
The Committee recommends $13,500,000 for programs in East Timor,
as requested, to support income producing projects and other
The Committee welcomes the
report of East Timor's
Commission for Reception, Truth and Reconciliation and urges the
Government of Indonesia, East Timor and other interested nations to
examine, consider, and respond to recommendations made in the
report. The Committee also welcomes the report of the U.N. Secretary
Commission of Experts to evaluate judicial processes for serious
crimes committed in East Timor in 1999 and urges the Government of
Indonesia to work to implement the report's recommendations.
INDONESIA HUMAN RIGHTS
The Committee remains concerned about the climate for human
rights advocates and activists in Indonesia. While the Committee
welcomes the conviction of one of those responsible for the
poisoning death of human rights lawyer
Munir Said Thalib in September 2004, the Committee notes that
President Yudhoyono has failed to release the report of the
Presidential fact-finding team investigating the assassination and
emphasizes the need to fully investigate any past or present senior
government or military officials implicated by that report. The
Committee directs the Department of State, no later than 90 days
after enactment of this Act, to report on the current climate for
human rights defenders in Indonesia, including conditions of general
safety, levels of threat and intimidation, and success in
prosecution and punishment of serious crimes committed against human
RULE OF LAW
Committee views efforts to promote the rule of law worldwide as a
critical component of United States foreign policy. The Committee
strongly supports the public service projects initiated by the
American Bar Association (ABA) to strengthen democracy through
programs that promote the rule of law in transitional countries.
These effective programs rely predominantly on the volunteer efforts
of American lawyers and have achieved sustainable results. The
Committee recommends continued funding through cooperative
agreements for the ABA's programs at a level comparable to the
fiscal year 2006 level, taking into account the overall reduction in
this account. The Committee notes that ABA should not rely upon
United States funding to renovate or build facilities, but should
instead use private financing as agreed in 2003.
The ABA has expanded its legal reform efforts into Asia, Africa,
Latin America and the Caribbean, and the Middle East, with programs
in Jordan, Bahrain, Morocco, Iraq, Afghanistan, Rwanda, Kenya,
Liberia, China, Indonesia, the Philippines, Ecuador, Costa Rica, and
Mexico. The Committee recommends support for such programs from the
appropriate accounts. The Committee continues to support the use of
cooperative agreements for funding such programs.
The fiscal year 2007 budget request includes $1,285,000 for IMET
programs for Indonesia, an increase of $493,000 over the fiscal year
2006 current estimate.
The Committee notes that the increased funding request is not
accompanied by an increase in the anticipated number of students.
Therefore, the Committee does not recommend the increase in funding
The fiscal year 2007 budget request includes $320,000 for IMET
programs for East Timor, an increase of $23,000 over the fiscal year
2006 current estimate.
The Committee is very concerned about the recent violence between
the police and the military in Dili, the capital of East Timor.
Therefore, the Committee recommendation does not include the $23,000
increase in funding for the IMET programs in East Timor.
The Committee believes the Department of State and the Department
of Defense should review these concerns before further implementing
the fiscal year 2006 and the 2007 IMET programs for East Timor.
The Committee recommends a total FMF program for Indonesia of
$4,500,000, a reduction of $2,000,000 from the fiscal year 2007
request and $3,510,000 over the fiscal year 2006 enacted level.
The Committee makes this recommendation mindful of continuing
concern about the professionalism of the Indonesian military and
strongly supports the efforts of the civilian authorities in
Indonesia to promote the rule of law, including efforts to exert
control over the Indonesian military forces (TNI). This $3,510,000
recommended increase over the 2006 enacted level, in no way signals
decreased concern about the poor human rights record of the
Indonesian military forces and is intended only as a sign of
measured support for the continuing efforts of the civilian
Government of Indonesia.
The government of Indonesia is a strategic ally of the United
States, especially in the continuing Global War on Terrorism and
these funds will be used to purchase such things as spare parts and
Included in the 2007 request is $500,000 for Defense Structure
Reform Review and within the $4,500,000 appropriation recommended by
the Committee, no less than $500,000 shall be provided for this
Review. The Committee is encouraged and supportive of the efforts of
United States military representatives of the U.S. Pacific Command (USPACOM)
to work with the Indonesian military to transform its structure into
a modern, professional and efficient military force.
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f), rule XIII of the Rules of the House of
Representatives, the following statements are submitted describing
the effects of provisions in the accompanying bill which directly or
indirectly change the application of existing law. Most of the
language has been provided in previous measures including
supplementals for the departments and agencies carried in the
12. Under `Economic Support Fund', not less
than $120,000,000 is made available only for Israel and is required
to be disbursed as a cash grant within 30 days of enactment of this
Act; and not less than $455,000,000 is made available only for Egypt
of which not less than $135,000,000 shall be for project assistance,
of which $50,000,000 is for democracy programs and not less than
$50,000,000 is for education; $135,000,000 is available only for
Colombia; $250,500,000 should be made available only for assistance
for Jordan; not less than $35,500,000 should be available for
Lebanon of which not less than $6,000,000 should be available for
American educational institutions for scholarships and other
programs; $1,000,000 is available for administrative expenses from
funds available for Timor-Leste; funds may be spent for programs and
activities for the Central Highlands of Vietnam; and not less than
$15,000,000 should be available for Cyprus; prohibits any funding
for West Bank and Gaza.
U.S.-Indonesia Military Assistance page