Media Release
U.S. House of Representatives Calls
for Human Rights Accountability
and Military Reform in Indonesia
For Immediate Release
Contact:
John M. Miller (718) 596‑7668; (917) 690-4391 (cell)June 21, 2007 - The U.S. House of
Representatives last night signaled continued congressional concern
for human rights, accountability, and military reform in Indonesia
and justice for East Timor. Several provisions in the Foreign
Operations Appropriations Bill (H.R. 2764) require reporting on
progress in these areas prior to the release of certain military
assistance funds, including reporting on the impact of US assistance
on Indonesian security forces and any connections between US
assistance and human rights violations by these forces.
“Military reform in Indonesia remains stalled
and human rights accountability lacking,” said John M. Miller,
National Coordinator of the East Timor and Indonesia Action
Network (ETAN). “The Bush administration’s policy of nearly
unrestricted military assistance to Indonesia has clearly failed.”
“The House appropriations bill highlights many
of the most needed reforms. In contrast, the Bush administration
appears to have no real strategy to promote basic reform of the
Indonesian military (TNI),” added Miller. “Jakarta's failure to
pursue effective reform underscores the need for the U.S. to use the
only real leverage it has to press for change -- strong and binding
restrictions on military assistance.”
“After the dictator Suharto fell in 1998, Indonesia took important
steps toward reform. However, once the U.S. began to re-engage with
the Indonesia military, such efforts have all but stopped,”
according to Miller. “Historically, the Indonesian military's (TNI)
worst abuses took place when the U.S. was most engaged.”
Background In November 2005, the State Department pledged
that the Bush administration would “carefully calibrate” any
assistance to the Indonesian military. Instead, the administration's
actions have demonstrated a policy of nearly unrestrained engagement
with the TNI.
Efforts to break up the military's legal and
illegal business empire appear to have failed. Indonesia's Defense
Minister Juwono Sudarsono confirmed recently that according to the
government criteria, only six military enterprises out of a total
inventory of 1500 qualify as businesses to be turned over to the
government. The military will retain control of its foundations and
cooperatives.
Colonel Burhanuddin Siagian, regional military
commander in West Papua, recently threatened to "destroy" any
Papuans seeking their political rights. He has been twice indicted
for crimes against humanity by the UN-supported serious crimes court
in East Timor. Recently, Indonesian marines killed four civilians
engaged in a protest over a land dispute with the Indonesian navy in
East Java. In addition, human rights defenders in Jakarta are
currently protesting the promotions of two military officers
involved in the 1998 forced disappearances of democracy advocates.
This past April, representatives from ETAN and
other human rights groups met with Sudarsono. Many of his comments
demonstrated a lack of urgency about key issues of military reform
and the failure to address past human rights violations. Despite Mr.
Sudarsono’s assertions, shortfalls in the military budget do not
excuse the failure to take decisive action based on Indonesian and
international law.
In the name of counter-terrorism, the TNI has sought to strengthen
the territorial command system, which places soldiers in every
Indonesian community. At the same time, its close association with
domestic militias - which have terrorized civilian populations in
East Timor, Aceh, West Papua and elsewhere - raises serious
questions about its anti-terror bona fides. Under Indonesian law,
the police -- not the military -- are to take the lead in addressing
terrorist threats.
Rep. Nita Lowey (D-NY), chair of the State,
Foreign Operations and Related Programs Subcommittee, is currently
leading the effort in the House of Representatives to emphasize
human rights in U.S.-Indonesia relations.
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. For additional background, see
www.etan.org.
Highlights of the Bill (H.R. 2764)
The bill would cut the administration's request for Foreign Military
Finance (FMF) funds nearly in half from $15.7 million to $8 million
and would delay the release of $2 million of those funds
until the
State Department reports on: “steps taken by the Government of
Indonesia”to prosecute and punish,“in a manner proportional to the
crime,” members of the Armed Forces who have been credibly alleged
to have committed gross violations of human rights; cooperation with
“civilian judicial authorities and international efforts to resolve
cases of gross violations of human rights in East Timor and
elsewhere"; and military reforms "to increase the transparency and
accountability of their operations and financial management.”
The bill would also delay provision of International Military
Education and Training (IMET) until the Secretary of State reports
on steps taken by Indonesia to “to deny promotion to and to remove
from service military officers indicted for serious crimes”;
Indonesian government responses to East Timor's Commission for
Reception, Truth and Reconciliation in Timor-Leste; implementation
of the 2004 Indonesian law requiring the Indonesian military to
divest itself of businesses; and the removal of restrictions on
travel to the provinces of Papua and West Irian Jaya.
The House Appropriations Committee has also requested from the State
Department a report on the impact of U.S.-provided equipment and
training on human rights violations since 2000 by the police,
military and other security agencies and“any strategy linking
United States military assistance to Indonesia to progress on human
rights.”
The Senate has yet to take up its version of the Foreign Operations
Appropriations Bill. Before becoming law, any differences between
the House and Senate bills must be reconciled.
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see also:
Key Indonesia and East Timor Provisions
of H.R. 2764
IN THE HOUSE OF REPRESENTATIVES
A BILL
Making appropriations for the Department of State, foreign
operations, and related programs for the fiscal year ending
September 30, 2008, and for other purposes.
INDONESIA
SEC. 682. Of the funds appropriated by
this Act under the heading `FOREIGN MILITARY FINANCING PROGRAM',
not more than $6,000,000 may be made available for assistance
for Indonesia, until the Secretary of State reports to the
Committees on Appropriations on steps taken by the Government of
Indonesia on the following--
(1) prosecution and punishment, in a manner proportional to
the crime, for members of the Armed Forces who have been
credibly alleged to have committed gross violations of human
rights;
(2) cooperation by the Armed Forces, at the direction of
the President of Indonesia, with civilian judicial
authorities and with international efforts to resolve cases
of gross violations of human rights in East Timor and
elsewhere; and
(3) implementation by the Armed Forces, at the direction
of the President of Indonesia, of reforms to increase the
transparency and accountability of their operations and
financial management.
REPORT ON INDONESIAN COOPERATION
SEC. 687. 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) Steps taken by the Indonesian government to deny
promotion to and to remove from service military officers
indicted for serious crimes; the extent to which the
Indonesian Government is cooperating with international
efforts to bring current and past officials to justice; and
that past and present Indonesian military officials are
cooperating with domestic inquiries into past abuses,
including the forced disappearance and killing of student
activists in 1998 and 1999;
(2) The Indonesian government's response to the report of
the Commission for Reception, Truth and Reconciliation in
Timor-Leste and the June 2006 report of the report to the
Secretary-General of the Commission of Experts to Review the
Prosecution of Serious Violations of Human Rights in
Timor-Leste in 1999;
(3) Steps taken by the Indonesian government to implement
and enforce the 2004 Indonesian law which requires the
Indonesian military to divest itself of legal and illegal
businesses before 2009; and
(4) The extent to which the Indonesian government has
removed restrictions impending access to and travel within
the provinces of Papua and West Irian Jaya by United Nations
personnel, diplomats, journalists, international
non-governmental organization personnel and researchers,
humanitarian and human rights workers and others.
FOREIGN MILITARY TRAINING REPORT
SEC.
652. 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.
From the Appropriations Committee Report (H.Rept.110-197)
ECONOMIC SUPPORT FUND
[In thousands]
Fiscal year 2008 request Committee recommendation
East Timor 8,640 18,000
Indonesia 60,000 55,000
Indonesia
The Committee recommendation includes $55,000,000 for programs in
Indonesia, which is $5,000,000 below the request. The Committee
notes Indonesia's strong and continued support in the Global War on
Terror and recognizes the progress made by the Government of
Indonesia to advance democracy and the rule of law.
Under `Economic Support Fund', ... $1,000,000 is available for
administrative expenses from funds available for Timor-Leste
Indonesia
The Committee recommendation includes $8,000,000 in INCLE funding
for Indonesia, which is $2,050,000 below the request.
Indonesia
The Committee recommendation includes $974,000,000 [should read
$974,000] for IMET programs for Indonesia, which is the same as the
request.
Indonesia
The Committee recommends a total FMF program for Indonesia of
$8,000,000, which is $7,700,000 below the request.
The Committee provides that of the $8,000,000 recommended for
Indonesia, not more than $6,000,000 may be available prior to the
Secretary of State making the certification contained in section 682
of this Act.
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 funding 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 Terror and these
funds will be used to purchase such things as spare parts and
communications equipment. The Committee is encouraged and supportive
of the efforts of United States military representatives of the
United States Pacific Command (USPACOM) to work with the Indonesian
military to transform its structure into a modern, professional and
efficient military force.
In addition to the report required in sec. 687 of this Act, the
Committee directs that not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations that describes the following: the
utilization of any United States supplied equipment to Indonesian
security forces, including the military, police, and other security
agencies and any connection to human rights violations since 2000;
any connections between United States trained Indonesian individuals
and units, including the military, police, and other security
agencies and human rights violations since 2000; ongoing efforts to
monitor the use of United States supplied equipment and training in
Indonesia; and any strategy linking United States military
assistance to Indonesia to progress on human rights.
---
Sec. 687. `Report on Indonesian Cooperation' is a Secretary of State
reporting requirement analogous to section 599G of the 2007 Act. It
is modified to apply only to IMET training and includes four new
requirements.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Committee recommendation includes $1,302,000,000 for
Contributions for International Peacekeeping Activities (CIPA),
which is $166,725,000 above the fiscal year 2007 level, excluding
emergency supplemental appropriations and $195,000,000 above the
request.
The Committee acknowledges that the number of peacekeeping
operations throughout the world continues to grow, increasing the
need for the international community to respond. Currently, the
United States provides military observers and UN police for eight
peacekeeping missions: Liberia (UNMIL), the Democratic Republic of
the Congo (MONUC), Sudan (UNMIS), Ethiopia/Eritrea (UNMEE), Haiti (MINUSTAH),
Timor-Leste (UNMIT), the Middle East (UNTSO), and Kosovo (UNMIK). UN
peacekeeping operations are expanding to include more missions in
more locations, and a significant increase in personnel necessary to
facilitate such operations.
The Committee understands that there are currently 15 UN
peacekeeping operations with a total of approximately 100,000
peacekeeping personnel, including military observers and troops, UN
police, and civilian personnel. The Committee notes that the United
States is the largest contributor to the UN peacekeeping
budget--providing roughly a quarter of the total cost to operate all
peacekeeping missions. In addition, the United States provides
military training and logistical support for some peacekeeping
operations. The Committee encourages the Department of State to work
closely with other UN Member States to ensure peacekeeping mission
mandates are clear, credible, limited to what is achievable, and
that peacekeeping personnel are properly prepared, able to defend
themselves, and able to fulfill their mandate. The Committee
continues to support efforts to improve the performance and
efficiency of UN peacekeeping missions through structural and
procedural reforms. The Committee also supports efforts to better
limit and focus the goals of such missions, and to set specific
benchmarks for performance and mission termination.
The Committee notes that the United States is providing an
additional $293,200,000 in bilateral funding for peacekeeping
efforts in the Peacekeeping Operations account in title IV.
The Committee remains concerned about disturbing allegations of
sexual abuse of minors by UN peacekeepers and civilian personnel.
The Committee recognizes that the Department of State has taken a
leading role in urging the UN to take preventive measures in
response to reports of sexual exploitation and abuse involving UN
peacekeeping personnel. The Committee commends the Department for
these efforts. The Committee notes that these efforts have led to
significant reform in the planning and conduct of peacekeeping
missions. The Committee continues to strongly urge the
Administration, including the Department of State, to persist in
pressing for further implementation of the recommendations contained
in the Prince Zeid report, including personal accountability, and
improvements in the systems of justice in troop contributing
countries as a means to restore confidence in peacekeeping missions.
Further, the Committee directs the United States to work to ensure
adequate training is provided to peacekeeping personnel prior to
deployment.
The Committee is concerned that the Administration has not
adequately planned for funding International Peacekeeping
activities. Committee analysis has concluded that the
Administration's budget request in fiscal year 2008 for CIPA is a
cut of 3 percent below the fiscal year 2007 level and that all
missions except UNMIS are taking a reduction in the President's
request. The Committee continues to inquire as to the rationale used
by the Secretary of State when requesting $28,275,000 below the
fiscal year 2007 level in the CIPA account. The Committee is
concerned that peacekeeping missions could be adversely affected if
the requested fiscal year 2008 funding level is enacted. The
Committee notes that in the last year the Administration has voted
for: a seven-fold expansion of the UN's peacekeeping mission in
Lebanon; the expansion of the UN's peacekeeping mission in Darfur;
reauthorization of the UN's peacekeeping mission in Haiti; and a
renewed peacekeeping mission in East Timor.
The Committee further notes that some non-governmental organizations
have concluded that the Administration's budget request for fiscal
year 2008 for CIPA could add $450,000,000 to the United States
peacekeeping debt at the UN based upon expected billings for
existing UN peacekeeping missions. Moreover, if the proposed UN
missions in Chad/Central African Republic and Somalia are
undertaken, outside experts estimate that the arrears would grow by
another $300,000,000. This would bring United States debt to UN
peacekeeping activities to approximately $1,000,000,000. The
Committee is concerned that these debts are preventing the UN from
paying the countries that provide troops for UN peacekeeping
missions and will likely significantly impact India, Pakistan, and
Bangladesh.
The bill retains language carried in previous years requiring 15-day
advance notice of any new or expanded mission, together with a
statement of cost, duration, exit strategy, national interest, and
source of funds to pay the cost. In addition, the bill continues
language requiring an additional notification that the UN has taken
appropriate measures to prevent UN employees, contractor personnel,
and peacekeeping forces serving in any UN peacekeeping mission from
trafficking in persons, exploiting victims of trafficking, or
committing acts of illegal sexual exploitation and to hold
accountable any such individuals who engage in any such acts while
participating in the peacekeeping mission.
The bill also retains language requiring certification that American
manufacturers and suppliers are provided equal procurement
opportunities, and language making a portion of appropriations under
this account available for two fiscal years.
The Committee continues to support the efforts of the UN's Office of
Internal Oversight Services (OIOS) to identify waste, fraud and
abuse, including sexual abuse in peacekeeping operations, and to
recommend specific reforms to ensure that such practices are brought
to an end. The Committee directs the Department of State to provide
the necessary support to ensure that OIOS oversight is
systematically brought to bear on every UN peacekeeping mission,
including through the presence of resident auditors. The Committee
directs the Department to request a performance report on the
efforts of this Office to root out the causes of such waste, fraud
and abuse.
...
Peacekeeping cap
The Committee recognizes that the Administration has requested an
adjustment to the cap noted above for assessment made during
calendar years 2005, 2006, 2007, and 2008, to 27.1 percent. The
Committee notes that in 1993, the United States recognized a lower
peacekeeping assessment level than that applied by the UN, and since
October 1, 1995, has limited through United States law (sec. 404 of
Public Law 103-236) to a level of not more than 25 percent for
assessments to Contributions for International Peacekeeping
Activities.
The Committee wishes to emphasize that UN peacekeeping is a
cost-effective and important force multiplier and that the use of
multilateral organizations saves the lives of our men and women in
the Armed Forces and wear and tear as well as substantial cost to
equipment. For example, the Committee notes that the United States
share of UN's operations in Haiti are eight times cheaper than
sending United States troops. Unfortunately, the Committee was
unable to address the full scope of the legislative remedy requested
by the President and consequently was only able to include a
legislative provision addressing the adjustment of fiscal year 2008
peacekeeping cap.
...
Unallocated flexibility fund
The Committee believes that foreign policy decisions rest with the
Secretary of State as the principal advisor to the President on
international discourse and proceedings and that this authority
should not be delegated or abdicated by the Department of State nor
superseded by other departments or agencies within the Executive
branch. The Committee is very concerned that the Department of State
has relinquished the responsibility to provide continuous
supervision and general direction of sales of military articles and
the provision of services and training. The Committee notes that
pursuant to sections 1 and 2 of Chapter 1 of the Arms Export Control
Act (Public Law 90-629) it remains the policy of the United States
to enter into international arrangements with friendly countries
which further the foreign policy objectives of the United States to
achieve specific national defense goals and objectives of mutual
concern. The Committee notes that it is the Secretary of State's
responsibility to ensure all such sales and training shall only be
approved when it is consistent with the foreign policy interests of
the United States, as embodied in the Foreign Assistance Act of
1961, and to the extent the military requirement necessitates and
the economic and financial capability of the recipient country
allows--with particular regard being given to the proper balance
among military assistance and economic assistance, particularly as
to the impact the military assistance will have on programs of
social and economic development in the recipient country. The
Committee further notes the law states that under the direction of
the President, the Secretary of State, taking into account other
activities abroad, such as military operations, food and economic
assistance, shall be responsible for the general direction of sales,
leases, financing, cooperative projects, and exports, including
determining whether there will be a sale to, or financing for, a
country and the amount and scope thereof and whether such activities
can and will be integrated with other United States actions which
best serve the foreign policy of the United States. With this in
mind, the Committee is concerned that the Department of Defense is
seeking to make permanent and expand to other countries some
security and foreign assistance programs know as `Section 1206
authority' which have traditionally been under the supervision of
the Department of State and USAID under the pretext that `speed and
efficiency' in training and equipping other countries provides the
ability to keep pace with adversaries and act quickly when
circumstances require change.
The Committee does not dispute that a failure to act rapidly and
early increases the risk to vital United States security interests
and likely brings about a need for direct United States
intervention, but the Committee notes that the Departments of State
and Defense have vastly different missions, and although they are
not mutually exclusive they cannot be substituted for, or replace
one another. Therefore, the Committee has included a new provision
within the FMF account to allow the Secretary of State the
flexibility to respond quickly to emerging needs and seize foreign
policy opportunities. This proposed new flexibility fund is intended
to assist the Secretary of State to quickly and effectively respond
to contingencies in foreign countries or regions providing resources
that can be drawn upon immediately to address a range of needs
including training, procurement and capacity building of a foreign
country's national military forces to conduct, among other
activities, counterterrorist operations or participate in or support
military and stability operations.
The Committee is therefore providing $5,000,000 of unallocated FMF
which shall remain available until expended. The Committee intends
that these funds should be coordinated through a joint Department of
State and Department of Defense review. The Committee further
directs that these funds shall not be used to replenish or backfill
any funds that were specifically denied by the Committee. The
Committee further expects that the Department of State will not
prejudice the availability of these funds by pre-programming and use
this new ability in the spirit it was provided. The Committee
further expects that any use of these funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
--
Sec. 699B. `Report on Anti-Corruption Activities' is a new section
requiring a report on the level of corruption activities in each
country receiving assistance under the headings `Development
Assistance', `Assistance for Eastern Europe and the Baltic States',
and `Assistance for the States of the Former Soviet Union'.
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