[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 60 Introduced in House (IH)]







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 
              humanity 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 concurrent resolution; which was 
          referred to the Committee on International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
 Condemning the violence in East Timor and urging the establishment of 
  an international war crimes tribunal for prosecuting crimes against 
              humanity that occurred during that violence.

Whereas the people of East Timor experienced an unprovoked and violent attack in 
        the aftermath of a peaceful referendum in which they cast an 
        overwhelming vote for national 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 scores of communities and villages were completely 
        destroyed by roving bands of militias and paramilitary organizations;
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 destroy 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 
        participated 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 continue 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 people 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, prosecute, and secure 
        convictions and appropriate punishment for those responsible for so much 
        death, violence, and destruction among the people of East Timor 
        continues to fuel an environment of terror, fear, and crime in East 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 
        circumstances whereby lower-level East Timorese militia members are 
        brought to justice in East Timor, while East Timorese militia leaders 
        and Indonesian military officers with command responsibility reside in 
        Indonesia without fear of prosecution;
Whereas the Indonesian Government has yet to take all necessary 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 investigate such crimes 
        is limited;
Whereas in August 2000, Indonesia's upper house of parliament 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 
        noticeable 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 the 
        perpetrators of these violations have not been brought to justice: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. VIOLENCE IN EAST TIMOR.

    (a) Deploring Violence.--The Congress--
            (1) deplores the widespread and systematic violence that--
                    (A) has occurred in East Timor and in the refugee 
                camps of West Timor since January 1, 1999; and
                    (B) has resulted in many murders and rapes and the 
                near-total destruction of numerous villages on East 
                Timor and of the infrastructure of that troubled 
                island;
            (2) decries the continued existence of an environment of 
        intimidation, misinformation, instability, terror, and fear in 
        the refugee camps housing tens of thousands of displaced people 
        from East Timor, many of whom wish to return to East Timor but 
        are too scared to repatriate freely and return safely to their 
        home communities;
            (3) denounces the leaders of the militias and paramilitary 
        groups who are responsible for the violent attacks, pillaging, 
        and mayhem that has caused so much suffering and property 
        destruction in East Timor, as well as their accomplices in 
        Indonesia inside and outside of that sovereign country's armed 
        forces; and
            (4) continues to support the courageous efforts of those in 
        Indonesia working toward domestic prosecutions of the 
        individuals most responsible for the violence following the 
        1999 referendum on national independence, but recognizes that 
        these efforts face overwhelming obstacles.
    (b) Sense of the Congress.--It is the sense of the Congress that 
the President and the Secretary of State should--
            (1) endorse and support the establishment of an 
        international criminal tribunal for the purpose of prosecuting 
        culpable Indonesian military and police officers and personnel, 
        leaders of local militias and paramilitary organizations, and 
        other individuals who are responsible for crimes--
                    (A) against humanity in East Timor, including the 
                unlawful use of force and systematic murder, rape, and 
                terrorism; and
                    (B) against United Nations personnel deployed in 
                East Timor and in the refugee camps of West Timor;
            (2) direct the pertinent agencies of the executive branch--
                    (A) to begin collecting and organizing such 
                information (including from intelligence sources), and 
                to provide such appropriate resources, as will be 
                necessary to assist in preparation of indictments and 
                prosecution of such crimes before an international 
                criminal tribunal; and
                    (B) to undertake any additional inquiries and 
                investigations that would further such efforts; and
            (3) work actively and urgently within the international 
        community for the adoption of a United Nations Security Council 
        resolution establishing an international criminal court for 
        East Timor.
                                 <all>