IV
107TH CONGRESS
1ST SESSION
H. CON. RES. 60
Condemning the violence in East Timor and urging the establishment of
an international war crimes tribunal for prosecuting crimes against hu-
manity that occurred during that violence.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 2001
Mr. EVANS (for himself, Mr. KENNEDY of Rhode Island, Ms. NORTON, Mr.
KUCINICH, Ms. BALDWIN, Mr. MCGOVERN, Mr. RUSH, Mr. CAPUANO,
Mr. STARK, Mr. ANDREWS, Mr. WOLF, Mr. KIRK, Ms. PELOSI, Mr.
HOEFFEL, Mrs. LOWEY, Mr. FRANK, Mr. FALEOMAVAEGA, Mr. LANTOS,
Mr. UDALL of Colorado, and Mr. WAXMAN) submitted the following con-
current resolution; which was referred to the Committee on International
Relations
CONCURRENT RESOLUTION
Condemning the violence in East Timor and urging the es-
tablishment of an international war crimes tribunal for
prosecuting crimes against humanity that occurred dur-
ing that violence.
Whereas the people of East Timor experienced an unprovoked
and violent attack in the aftermath of a peaceful ref-
erendum in which they cast an overwhelming vote for na-
tional independence;
Whereas in East Timor at least 1,000 people were killed,
thousands of people were injured, 500,000 people were
displaced, much of the infrastructure was destroyed, and
•HCON 60 IH
scores of communities and villages were completely de-
stroyed by roving bands of militias and paramilitary or-
ganizations;
Whereas some Indonesian military officers and personnel and
some Indonesian civilian police helped to train and arm
the militias and paramilitary organizations before setting
them loose to terrorize the people of East Timor and de-
stroy their homes, businesses, and personal property;
Whereas the Indonesian ranking military officers and civilian
police officers not only failed to keep the peace in East
Timor after the referendum on national independence,
but in some cases actually incited violence and partici-
pated in widespread killing, rape, forced displacement,
mayhem, and wholesale property destruction;
Whereas numerous militia leaders who have been implicated
in various crimes against humanity in East Timor con-
tinue to operate with impunity in West Timor and
throughout Indonesia, and none have been formally
charged and brought to trial in Indonesia for the wave
of violence, murder, rape, and terror inflicted on the peo-
ple of East Timor, particularly in preparation for, in the
conduct of, and in the aftermath of the 1999 referendum;
Whereas Indonesia is a party to the Universal Declaration on
Human Rights and other international human rights
agreements and is legally obligated to comply with those
agreements;
Whereas the continuing failure to investigate, indict, pros-
ecute, and secure convictions and appropriate punishment
for those responsible for so much death, violence, and de-
struction among the people of East Timor continues to
fuel an environment of terror, fear, and crime in East
•HCON 60 IH
and West Timor and along their common border, thus
trapping tens of thousands in squalid refugee camps and
preventing their safe return to their homes;
Whereas the Indonesian Government has failed to follow
through on its agreement to provide evidence and accused
criminals to the justice system of the United Nations
Transitional Administration in East Timor, creating cir-
cumstances whereby lower-level East Timorese militia
members are brought to justice in East Timor, while
East Timorese militia leaders and Indonesian military of-
ficers with command responsibility reside in Indonesia
without fear of prosecution;
Whereas the Indonesian Government has yet to take all nec-
essary steps to create a court with authority to prosecute
past crimes under internationally-recognized human
rights and humanitarian law, and the authority of the
National Human Rights Commission of Indonesia to in-
vestigate such crimes is limited;
Whereas in August 2000, Indonesia’s upper house of par-
liament passed a constitutional amendment prohibiting
retroactivity in prosecutions;
Whereas repeated assurances to the international community
and to the Congress by the Indonesian Government of
impending action against the perpetrators of crimes
against humanity in East Timor have produced few no-
ticeable or substantive results; and
Whereas gross violations of the human rights of the people
of East Timor and of United Nations personnel who
render basic humanitarian services in East and West
Timor, have gone unpunished since January 1, 1999, and