[Congressional Record Volume 141, Number 148 (Thursday, September 21, 1995)]
[Senate]
[Pages S14079-S14081]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INDONESIA'S DEPLORABLE HUMAN RIGHTS RECORD

  Mr. FEINGOLD. Mr. President, as the Senate considers the foreign 
operations appropriations bill, I want to discuss two provisions which 
sanctioned Indonesia for its deplorable human rights record in East 
Timor, and which were eliminated in the chairman's bill. I want to make 
it clear that Indonesia has done nothing to improve its human rights 
record in the past year which would recommend any change in United 
States policy.
  As my colleagues know, Indonesia has brutally occupied the Catholic 
population of East Timor since 1975. In that time, East Timor has been 
the focus of many international human rights efforts, not the least of 
which are those that have been spearheaded by my friend and colleague 
from Rhode Island, Senator Pell. To my disappointment, those causes 
have not been championed by any U.S. administration.
  But in recent years the Indonesia military rule has become 
particularly cruel. Today, I want to dispel any myths among my 
colleagues that despite Indonesia's economic successes in the past few 
years, its human rights record continues to be dismal, and is 
particularly deplorable in its activities in the last year in East 
Timor. Such instability and violations can only destabilize the regime 
that some business interests are all to quick to invest in.
  Since the Indonesians invaded East Timor 20 years ago, over 200,000 
East Timorese have died--about a third of the entire population. 
Indonesia's self-styled annexation of the territory has 

[[Page S 14080]]
not been recognized by the United Nations, nor the United States, which 
acknowledges that ``no act of self-determination has ever taken 
place.'' The military is practically omnipresent throughout the island, 
and according to diplomats stationed in Indonesia, ``its callousness in 
dealing with the local population'' is shocking.
  East Timor made international headlines in 1991 when the military 
massacred, by conservative estimates, at least 100 East Timorese who 
were attending a funeral. It was all videotaped before international 
cameras. Today, the National Human Rights Commission in Jakarta says it 
has evidence that the massacre was ``not a spontaneous reaction to a 
riotous mob, but rather a planned military operation designed to deal 
with a public expression of political dissent.'' Today, 66 people 
remain unaccounted for, and the commander of the operation is Vice 
President of Indonesia.

  Congress has acted twice since then. First, in 1992 we cut off IMET 
funding for Indonesian soldiers to distance our support for the 
Indonesian military that committed the atrocity at Dili. Last July, to 
signal further disappointment with the disintegrating situation, we 
codified administration policy on the linkage between the sale of small 
arms and human rights.
  I have a letter from the administration, addressed to Senator Leahy 
and myself, which indicates that the administration will continue its 
ban on the sale or licensing of small and light weapons, and crowd 
control instruments, until there has been significant progress on 
Indonesia's human rights record. The letter also says the 
administration will offer only expanded-IMET--human rights training for 
the military--to the Indonesians. I ask unanimous consent that the 
letter be printed in the Record at the conclusion of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. FEINGOLD. Mr. President, I regard this is as a commitment from 
the administration that current policy will remain in place, whether we 
legislate it or not. I expect the administration to continue to consult 
with Congress on Indonesia. I am particularly concerned that we agree 
upon what ``significant progress'' means. Our legislation has included 
six conditions, including significant troop withdrawals from East Timor 
and Indonesian participation in the U.N. Secretary General's peace 
talks. Indonesia must understand that there is an international price 
to pay for their continuing occupation.
  Since last July, when Congress passed this amendment, there have been 
several developments in East Timor--most of them quite discouraging, 
some quite violent, and some hopeful.

  The tension in East Timor has been intensifying for the past year--
influenced in part by the ongoing power struggles in Jakarta, the 
increased resentment of the presence of Indonesian military officers 
and vigilante groups, and the immigrant settlers brought in by 
Indonesia to consolidate their occupation of the island.
  The Indonesians have had some bizarre responses. For instance, last 
summer, they went to great lengths to pressure their ASEAN partners to 
prevent private conferences on East Timor to take place in the 
Philippines, Malaysia, and Thailand.
  But the violence has been on the increase as well--particularly since 
the APEC summit in November. During the summit protesters were detained 
and, by most accounts, tortured. Reports of deaths of protesters at the 
hands of Indonesian soldiers have been constant all year.
  On January 12, 1995, there is documented evidence that the military 
tortured and killed six civilians in Liquicia in a horrendous incident. 
Even the Government-appointed National Commission on Human Rights 
acknowledged that ``a process of intimidation and torture by security 
officials'' occurred and resulted in ``unlawful shootings by the 
military.'' It found that ``there was intimidation and torture by the 
security officers in charge at the time to extract confessions.''
  Recently, there has also been an outbreak of gang violence, of hooded 
vigilantes terrorizing, abducting, assaulting, intimidating, and 
harassing East Timorese. These gangs--commonly known as Ninjas--have 
been described by residents and human rights monitors as military-
related death squad-type bands. Travelers describe walking on the 
tropical island on a sunny Sunday afternoon, and being passed by armed 
youths, covered in ski masks.
  Notably, the Ninjas have not been reigned in by the same military 
that has so effectively suppressed the East Timorese. For that reason, 
there is reason to believe that they are tolerated by the military. 
There is even some evidence that they were created by the military to 
do what uniformed soldiers cannot because of international attention.
  Mr. President, there must be an investigation into the operations of 
these groups, and why they are permitted to continue functioning in 
East Timor.
  Other forms of torture by the military are still commonplace in East 
Timor as well. In January 1994, the U.N. Human Rights Commissioner's 
Special Rapporteur on Torture reported that the most common forms of 
torture are beating on the head with wood, iron bars, bottles, and 
electric cables; kicking with heavy boots; electric shocks--mostly with 
cattle prods; slashing with razor blades and knives; death threats and 
faked executions; hanging people upside down by their feet; isolation; 
sleep deprivation; and the rape of East Timorese women.
  The U.N. Special Rapporteur for Torture reported last year that there 
were ``patterns of dealing violently with political dissent and [a] 
virtual impunity enjoyed by members of the security forces responsible 
for human rights violations.''
  The U.N. Human Rights Commission this year once again comdemned 
Indonesian abuses in East Timor. It also forced Indonesia to invite the 
U.N. Human Rights Commissioner to visit East Timor. This was the first 
time that happened since 1975.
  The United States, in my view, has not lived up to its leadership 
responsibilities on this issue. While administration rhetoric--though 
measured--sounds supportive of human rights protections, the policy has 
not been forceful enough, given the extreme extent of the brutality 
that I described. For example, the United States defers to the U.N. 
peace process by which the Indonesians and Portuguese are supposed to 
work with the East Timores, yet the United States has not applied 
sufficient--if any--pressure to get the Indonesians to participate 
seriously in the talks. The administration says it is concerned about 
the military troop presence in East Timor, yet it has never devised a 
plan of action to work with the Indonesians, or requested a plan for 
Indonesian troop withdrawal from the island. In fact, at most, the 
administration seems to investigate the level of troop presence in East 
Timor only when a Member of Congress asks whether the promised 
reductions ever took place.
  I am also perplexed why the United States is even trying to placate 
Indonesia. The administration permits Indonesia to buy IMET: However, 
for years they have been lobbying to get the taxpayer to subsidize the 
Indonesian military training. And while there is a small arms ban in 
place to prevent United States weaponry for being used in human rights 
violations, the administration is now trying to sell F-16's to the 
Indonesian military.
  Mr. President, given Indonesia's defiant human rights policies, I see 
no reason to weaken United States policy toward it. In fact, the record 
of the past 2 years only indicates continued repression, continued 
deterioration, and increased violence against the East Timorese.
  I appreciate the administration's commitment to continue its current 
policy, and only hope that it will redouble its efforts on behalf of 
human rights in Indonesia and East Timor.
  I thank the Chair and yield the floor.

                               Exhibit 1


                                     U.S. Department of State,

                               Washington, DC, September 21, 1995.
       Dear Senator Feingold: I am writing about your continuing 
     concern about the human rights situation in Indonesia, 
     including in East Timor, and your interest in the 
     Administration's policy towards that country, specifically 
     our current arms sales policy and our proposed International 
     Military Education and Training (IMET) program.
       We too are concerned about the human rights situation in 
     Indonesia, including in East Timor, and we raise our concerns 
     with 

[[Page S 14081]]
     the Indonesian government regularly. Our current arms sales policy, 
     codified in law last summer and included in S. 908, prohibits 
     the sale or licensing for export of small or light arms and 
     crowd control items until the Secretary has determined that 
     there has been significant progress on human rights in 
     Indonesia, including in East Timor. Current law also forbids 
     funding of International Military Education and Training 
     (IMET) for Indonesia. As you are aware, the Administration 
     has proposed that this ban be rescinded, and there is 
     language in the House authorization and appropriations bills 
     that would permit funding for Expanded IMET (E-IMET) courses.
       We understand that you or other Senators may be considering 
     amendments to the Foreign Operations Appropriations Bill that 
     would further restrict the types of defense items that can be 
     sold or licensed for export to Indonesia. We also have heard 
     that some Senators who oppose any IMET funding for Indonesia 
     are considering working to have the complete ban on such 
     funding retained.
       You have proposed that you and others in the Senate will 
     refrain from attaching language to the Senate's version of 
     the bill restricting arms sales to Indonesia and banning IMET 
     funding if the Administration will agree to abide by our 
     current arms sales policy and accept only funding for E-IMET 
     in FY 1996.
       We will abide by our current arms sales policy and, though 
     we would have preferred restoration of full IMET, will fund 
     only Expanded-IMET during the coming fiscal year.
       I hope this information will be useful to you. Please do 
     not hesitate to contact us if we may be of further 
     assistance.
           Sincerely,
                                                 Wendy R. Sherman,
                         Assistant Secretary, Legislative Affairs.


                           Order of Procedure

  Mr. DOLE. Mr. President, this will be the last vote tonight. Tomorrow 
morning, starting at 9:30 we will take up the MilCon conference report, 
to be followed by the D.C. appropriations bill, to be followed by the 
legislative appropriations conference report. Therefore, I would expect 
one, two, three, and maybe one amendment on the D.C. bill, so maybe 
four votes tomorrow. We should finish early. Then I will tell you what 
will happen next week. Hopefully, we will finish those bills and take 
the next week off. But we are not there yet.
   The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
   The amendments were ordered to be engrossed and the bill to be read 
a third time.
   The bill was read a third time.
   The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  Mr. McCONNELL. Mr. President, I ask for the yeas and nays on the 
bill.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The yeas and nays are ordered, and the clerk will call the roll.
  The legislative clerk called the roll.
  The PRESIDING OFFICER (Mr. Smith). Are there any other Senators in 
the Chamber desiring to vote?
   The result was announced--yeas 91, nays 9, as follows:

                      [Rollcall Vote No. 458 Leg.]

                                YEAS--91

     Abraham
     Akaka
     Ashcroft
     Baucus
     Bennett
     Biden
     Bond
     Boxer
     Bradley
     Breaux
     Brown
     Bryan
     Bumpers
     Burns
     Campbell
     Chafee
     Coats
     Cochran
     Cohen
     Conrad
     Coverdell
     D'Amato
     Daschle
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Exon
     Feingold
     Feinstein
     Ford
     Frist
     Glenn
     Gorton
     Graham
     Gramm
     Grams
     Grassley
     Gregg
     Harkin
     Hatch
     Hatfield
     Heflin
     Hutchison
     Inhofe
     Inouye
     Jeffords
     Johnston
     Kassebaum
     Kennedy
     Kerrey
     Kerry
     Kohl
     Kyl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lott
     Lugar
     Mack
     McCain
     McConnell
     Mikulski
     Moseley-Braun
     Moynihan
     Murkowski
     Murray
     Nickles
     Packwood
     Pell
     Pressler
     Pryor
     Reid
     Robb
     Rockefeller
     Roth
     Santorum
     Sarbanes
     Shelby
     Simon
     Simpson
     Snowe
     Specter
     Stevens
     Thomas
     Thompson
     Thurmond
     Warner
     Wellstone

                                NAYS--9

     Bingaman
     Byrd
     Craig
     Faircloth
     Helms
     Hollings
     Kempthorne
     Nunn
     Smith
  So the bill (H.R. 1868), as amended, was passed.
  Mr. McCONNELL. Mr. President, I want to take one moment to thank Tim 
Rieser and Luke Albee of Senator Leahy's staff; and from the 
Appropriations Committee staff Jim Bond, and Juanita Rilling; and, 
particularly, Mr. President, I want to extend my great appreciation to 
my personal staff members, Billy Piper, and my long-time foreign policy 
adviser, Robin Cleveland, for their determined work in helping us to 
produce this bill.
  I am extremely grateful to Billy, particularly to Robin, for good 
advice not only on this occasion but over the years.
  Mr. President, I yield the floor.
  Mr. LEAHY. Mr. President, I thank the chairman for his gracious 
words, and I was also glad--I mentioned a number of these folks 
earlier--but I was also glad to have my chief of staff, Luke Albee, to 
join us also on this bill, as well as John P. Dowd, my legislative 
director.
  Tim Rieser, I think all of us on our side will agree, was a dynamo. 
Tim handled just about everything for everybody.
  I do appreciate all of them.
  Mr. President, before we voted earlier, the Senator from Wisconsin 
was going to speak in relation to this matter on this bill. As a 
courtesy to the other 99 Senators, he withheld for the vote on the 
assurance that he could be heard. I hope that it might be possible for 
the Senator from Wisconsin to be heard.
  I assume we will appoint conferees. I wonder if we could yield for 
that.
  Mr. BENNETT. Mr. President, I move that the Senate insist on its 
amendments and request a conference with the House, and that the Chair 
be authorized to appoint conferees on the part of the Senate.
  The motion was agreed to; and the Presiding Officer (Mr. Smith) 
appointed Mr. McConnell, Mr. Specter, Mr. Mack, Mr. Gramm, Mr. 
Jeffords, Mr. Gregg, Mr. Shelby, Mr. Hatfield, Mr. Leahy, Mr. Inouye, 
Mr. Lautenberg, Mr. Harkin, Ms. Mikulski, Mrs. Murray, and Mr. Byrd 
conferees on the part of the Senate.

                          ____________________