II

Calendar No. 842

106TH CONGRESS

2D SESSION S. 2621

To continue the current prohibition of military cooperation with the armed

forces of the Republic of Indonesia until the President determines and

certifies to the Congress that certain conditions are being met.

IN THE SENATE OF THE UNITED STATES

MAY 24, 2000

Mr. FEINGOLD (for himself, Mr. LEAHY, Mr. L. CHAFEE, Mr. HARKIN, Mr.

KOHL, Mrs. BOXER, Mr. DURBIN, Mr. WYDEN, Mr. KENNEDY, Mr.

WELLSTONE, and Mr. KERRY) introduced the following bill; which was

read twice and referred to the Committee on Foreign Relations

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported by Mr. HELMS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To continue the current prohibition of military cooperation

with the armed forces of the Republic of Indonesia until

the President determines and certifies to the Congress

that certain conditions are being met.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 2621 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘East Timor Repatri3 ation and Security Act of 2000’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) More than 100,000 East Timorese refugees

7 remain in West Timor, where they fled or were forc8 ibly driven by militia and members of the armed

9 forces of the Republic of Indonesia following the

10 United Nations sponsored popular consultation of

11 August 30, 1999, in which 78.5 percent of East

12 Timor’s population voted for independence from In13 donesia.

14 (2) Most of the East Timorese refugees in West

15 Timor would like to return to East Timor but have

16 been prevented from doing so by militia forces oper17 ating with the cooperation of Indonesian army ele18 ments.

19 (3) Hundreds of the refugees in West Timor

20 have died from preventable illnesses while many

21 thousands continue to live in a state of danger, un22 certainty and severe threats, including that of forced

23 resettlement to other areas of Indonesia.

24 (4) Elements of the Indonesian army have at25 tempted to infiltrate armed militia members into
3

•S 2621 RS

1 East Timor, and reportedly have planned a militia

2 invasion of East Timor.

3 (5) Border attacks by militia groups remain a

4 threat to peace and stability in the region and to

5 international peacekeeping forces.

6 (6) Much of East Timor’s infrastructure was

7 destroyed in the violence of 1999 and remains to be

8 rebuilt.

9 (7) An estimated 200,000 of East Timor’s

10 original estimated population of 700,000 perished

11 from the effects of Indonesia’s occupation of East

12 Timor before the violence of 1999.

13 (8) Many East Timorese were killed in violence

14 perpetrated by Indonesian army elements and militia

15 in 1999.

16 (9) The prospects for justice for the victims of

17 the violence in East Timor remain unclear.

18 (10) An estimated 80 percent of East Timor’s

19 population remains unemployed and East Timor’s

20 Nobel Prize winning Catholic Bishop, Carlos

21 Ximenes Belo, has made a plea on their behalf.

22 (11) United States funds have been provided to

23 help rebuild East Timor.

24 (12) Communications and logistical units of the

25 United States Armed Forces have formed part of
4

•S 2621 RS

1 the international peacekeeping forces that entered

2 East Timor in 1999.

3 (13) Following historic elections in October

4 1999, Indonesia’s first democratically elected Presi5 dent, Abdurrahman Wahid, has pledged reform and

6 accountability within the Indonesian government and

7 military.

8 (14) The Government of Indonesia, led by

9 President Abdurrahman Wahid and Vice President

10 Megawati Sukarnoputri, has made good faith com11 mitments to end Indonesian military support for mi12 litias and to establish a fair and transparent mecha13 nism to bring to justice the perpetrators of gross

14 human rights violations in East Timor and else15 where, but efforts of the elected leadership of Indo16 nesia have been resisted, and in some cases actively

17 disobeyed, by elements in the military and in the bu18 reaucracy.

19 SEC. 3. SENSE OF THE CONGRESS.

20 It is the sense of the Congress that the United States

21 Government should utilize all diplomatic and economic

22 means to press for—

23 (1) the safe repatriation to East Timor of all

24 East Timorese in West Timor and elsewhere who

25 wish to return to East Timor;
5

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1 (2) an end to border incidents and infiltration

2 of militias and an end to any other violent actions

3 by militias and the armed forces of the Republic of

4 Indonesia against the people or territory of East

5 Timor;

6 (3) processes and prosecutions leading to jus7 tice for the victims of the violence in East Timor;

8 (4) rapid reconstruction of East Timor, includ9 ing maximum consultation with and inclusion of

10 local personnel; and

11 (5) a significant increase in employment for

12 East Timorese in all internationally-sponsored recon13 struction and United Nations efforts relating to

14 East Timor.

15 SEC. 4. PROHIBITION ON MILITARY COOPERATION WITH

16 AND ASSISTANCE TO THE ARMED FORCES OF

17 INDONESIA.

18 (a) PROHIBITION.—Notwithstanding any other provi19 sion of law (other than section 589 of the Foreign Oper20 ations, Export Financing, and Related Programs Appro21 priations Act, 2000), United States military cooperation

22 with, and military assistance for, the armed forces of the

23 Republic of Indonesia suspended by the President pursu24 ant to the directive of the President issued on September

25 9, 1999, may not be resumed until the President deter-
6

•S 2621 RS

1 mines and certifies to the appropriate congressional com2 mittees that the Government of Indonesia and the Indo3 nesian Armed Forces are—

4 (1) taking effective measures to bring to justice

5 members of the armed forces and militia groups

6 against whom there is credible evidence of human

7 rights violations;

8 (2) taking effective measures to bring to justice

9 members of the armed forces against who there is

10 credible evidence of aiding or abetting militia

11 groups;

12 (3) allowing displaced persons and refugees to

13 return home to East Timor, including providing safe

14 passage for refugees returning from West Timor;

15 (4) not impeding the activities of the United

16 Nations Transitional Authority in East Timor;

17 (5) demonstrating a commitment to preventing

18 incursions into East Timor by members of militia

19 groups in West Timor; and

20 (6) demonstrating a commitment to account21 ability by cooperating with investigations and pros22 ecutions of members of the Indonesian Armed

23 Forces and militia groups responsible for human

24 rights violations in Indonesia and East Timor.

25 (b) DEFINITIONS.—In this section:
7

•S 2621 RS

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means the Committee on Foreign Relations

4 and the Committee on Appropriations of the Senate

5 and the Committee on International Relations and

6 the Committee on Appropriations of the House of

7 Representatives.

8 (2) CRIMES AGAINST HUMANITY.—The term

9 ‘‘crimes against humanity’’ includes crimes of geno10 cide, torture, forced disappearance, extrajudicial kill11 ing, and rape, if committed as part of a widespread

12 or systematic attack against the civilian population.

13 SEC. 5. RECOGNITION OF UNITED STATES ARMED FORCES

14 ASSISTING THE INTERNATIONAL PEACE15 KEEPING OPERATION IN EAST TIMOR.

16 The Congress recognizes and salutes those members

17 of the United States Armed Forces who have assisted the

18 international peacekeeping operation in East Timor.

19 SECTION 1. SHORT TITLE.

20 This Act may be cited as the ‘‘East Timor Repatri21 ation and Security Act of 2000’’.

22 SEC. 2. FINDINGS.

23 The Congress finds the following:
8

•S 2621 RS

1 (1) Widespread violence and destruction were

2 carried out in East Timor both before the August 30,

3 1999 United Nations referendum and thereafter.

4 (2) In the latest of numerous attacks on aid

5 workers in West Timor, 3 workers of the United Na6 tions High Commission for Refugees, including an

7 American citizen, Carlos Caceres, were murdered on

8 September 6, 2000 in Atambua, West Timor by a mi9 litia mob while Indonesian armed forces and police

10 stood by.

11 (3) Indonesian armed forces have failed to ensure

12 the security of foreign aid workers and have allowed

13 militias to terrorize refugee camps in West Timor.

14 (4) Indonesian armed forces have trained and

15 organized the militias.

16 (5) An estimated 125,000 East Timorese remain

17 in refugee camps in West Timor.

18 (6) After the September 6, 2000 attack, all

19 UNHCR staff and other international aid workers

20 were evacuated from West Timor, leaving remaining

21 East Timorese refugees at the mercy of the militias.

22 (7) Militia groups have returned to West Timor

23 with the collusion of Indonesian armed forces.
9

•S 2621 RS

1 (8) Militia attacks have claimed the lives of two

2 United Nations peace keepers, from Nepal and New

3 Zealand, during border operations.

4 (9) Jafar Siddiq Hamzah, a leading human

5 rights lawyer from Aceh, Indonesia, and a permanent

6 resident of New York, was found murdered on Sep7 tember 3, 2000.

8 SEC. 3. SENSE OF THE CONGRESS.

9 It is the sense of the Congress that the United States

10 Government should utilize all diplomatic and economic

11 means to press for—

12 (1) the safe repatriation to East Timor of all

13 East Timorese in West Timor and elsewhere who wish

14 to return to East Timor;

15 (2) an end to border incidents and infiltration

16 of militias and an end to any other violent actions

17 by militias and the armed forces of the Republic of

18 Indonesia against the people or territory of East

19 Timor;

20 (3) processes and prosecutions leading to justice

21 for the victims of the violence in East Timor;

22 (4) rapid reconstruction of East Timor, includ23 ing maximum consultation with and inclusion of

24 local personnel; and
10

•S 2621 RS

1 (5) a significant increase in employment for

2 East Timorese in all internationally-sponsored recon3 struction and United Nations efforts relating to East

4 Timor.

5 SEC. 4. PROHIBITION ON MILITARY COOPERATION WITH

6 AND ASSISTANCE TO THE ARMED FORCES OF

7 INDONESIA.

8 (a) PROHIBITION.—Notwithstanding any other provi9 sion of law (other than section 589 of the Foreign Oper10 ations, Export Financing, and Related Programs Appro11 priations Act, 2000), United States military cooperation

12 with, and military assistance for, the armed forces of the

13 Republic of Indonesia suspended by the President pursuant

14 to the directive of the President issued on September 9,

15 1999, may not be resumed until the President determines

16 and certifies to the appropriate congressional committees

17 that the Government of Indonesia and the Indonesian

18 Armed Forces are—

19 (1) taking effective measures to bring to justice

20 members of the armed forces and militia groups

21 against whom there is credible evidence of human

22 rights violations;

23 (2) taking effective measures to being to justice

24 members of the armed forces against who there is

25 credible evidence of aiding or abetting militia groups;
11

•S 2621 RS

1 (3) allowing displaced persons and refugees to

2 return home to East Timor, including providing safe

3 passage for refugees returning from West Timor;

4 (4) not impeding the activities of the United Na5 tions Transitional Authority in East Timor;

6 (5) demonstrating a commitment to preventing

7 incursions into East Timor by members of militia

8 groups in West Timor; and

9 (6) demonstrating a commitment to account10 ability by cooperating with investigations and pros11 ecutions of members of the Indonesian Armed Forces

12 and militia groups responsible for human rights vio13 lations in Indonesia and East Timor.

14 (b) DEFINITIONS.—In this section:

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional commit17 tees’’ means the Committee on Foreign Relations and

18 the Committee on Appropriations of the Senate and

19 the Committee on International Relations and the

20 Committee on Appropriations of the House of Rep21 resentatives.

22 (2) CRIMES AGAINST HUMANITY.—The term

23 ‘‘crimes against humanity’’ includes crimes of geno24 cide, torture, forced disappearance, extrajudicial kill-
12

•S 2621 RS

1 ing, and rape, if committed as part of a widespread

2 or systematic attack against the civilian population.

3 SEC. 5. RECOGNITION OF UNITED STATES ARMED FORCES

4 ASSISTING THE INTERNATIONAL PEACE5 KEEPING OPERATION IN EAST TIMOR.

6 The Congress recognizes and salutes those members of

7 the United States Armed Forces who have assisted the inter8 national peacekeeping operation in East Timor.

Calendar No. 842

106TH CONGRESS

2D SESSION S. 2621

A BILL

To continue the current prohibition of military cooperation with the armed forces of the Republic

of Indonesia until the President determines andcertifies to the Congress that certain conditionsare being met.

SEPTEMBER 28 (legislative day, SEPTEMBER 22), 2000

Reported with an amendment