[Congressional Record Volume 145, Number 64 (Wednesday, May 5, 1999)]
[Senate]
[Pages S4809-S4812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SENATE RESOLUTION 96--TO EXPRESS THE SENSE OF THE SENATE REGARDING A 
  PEACEFUL PROCESS OF SELF-DETERMINATION IN EAST TIMOR, AND FOR OTHER 
                                PURPOSES

  Mr. LEAHY (for himself, Mr. Feingold, Mr. Reed, Mr. Harkin, Mr. 
McConnell, Mr. Moynihan, and Mr. Kohl) submitted the following 
resolution; which was referred to the Committee on Foreign Relations:

                               S. Res. 96

       Whereas United Nations-sponsored negotiations between the 
     Governments of Indonesia and Portugal have resulted in 
     significant and encouraging progress toward a resolution of 
     East Timor's political status;
       Whereas on January 27, 1999, President Habibie expressed a 
     willingness to consider independence for East Timor if a 
     majority of the East Timorese reject autonomy in a planned 
     August 8, 1999 ballot organized by the United Nations;
       Whereas despite President Habibie's efforts to bring about 
     a peaceful resolution of the political status of East Timor, 
     the arming of anti-independence militias by some members of 
     the Indonesian military has contributed to increased 
     political tension and violence;
       Whereas since January 1999, violence and human rights 
     abuses by anti-independence militias has increased 
     dramatically resulting in the displacement of thousands of 
     East Timorese villagers and scores of deaths;
       Whereas since March 1999, hundreds of civilians may have 
     been killed, injured or disappeared in separate attacks by 
     anti-independence militias;
       Whereas there are also reports of killings of anti-
     independence militia members;
       Whereas the killings in East Timor should be fully 
     investigated and the individuals responsible brought to 
     justice;
       Whereas access to East Timor by international human rights 
     monitors, humanitarian organizations is severely limited, and 
     members of the press have been threatened;
       Whereas a stable and secure environment in East Timor is 
     necessary for a free and fair ballot on East Timor's 
     political status;
       Resolved, That it is the sense of the Senate that--
       (1) the United States should promptly contribute to the 
     United Nations Trust Fund which will provide support for the 
     East Timor ballot process;
       (2) the President, Secretary of State and Secretary of 
     Defense should intensify their efforts to urge the Indonesian 
     Government and military to--
       (a) disarm and disband anti-independence militias; and
       (b) grant full access to East Timor by international human 
     rights monitors, humanitarian organizations, and the press;
       (3) the President, after consultation with the United 
     Nations Secretary General, should report to the Congress not 
     later than 15 days after passage of this Resolution, on steps 
     taken by the Indonesian government and military to ensure a 
     stable and secure environment in East Timor, including those 
     steps described in subparagraphs (2) (a and b); and
       (4) any agreement for the sale, transfer, or licensing of 
     any military equipment for Indonesia entered into by the 
     United States should state that the equipment will not be 
     used in East Timor.

  Mr. LEAHY. Mr. President, today I am submitting a resolution 
expressing the sense of the Senate regarding a peaceful process of 
self-determination in East Timor. I am joined by Senators Feingold, 
Reed, Harkin, McConnell, Moynihan, and Kohl.
  A year ago I doubt anyone would have predicted that a settlement of 
East Timor's political status would be in sight.
  While there are many obstacles and dangers ahead, we should take note 
of what has been accomplished. In the past year:
  President Suharto relinqushed power.
  The Indonesian Government endorsed a ballot on autonomy, which is 
planned for August 8th.
  The United Nations, Indonesia, and Portugal are to sign an agreement 
today on the procedures for that vote.
  If the East Timorese people reject autonomy, there is every 
expectation that East Timor will be on the road to independence.
  The resolution that I am submitting today recognizes the positive 
steps that have been taken.
  But it also expresses our deep concern that since January, when 
Indonesian President Habibie expressed the willingness to consider 
independence for East Timor, violence and intimidation by anti-
independence militias backed by members of the Indonesian military has 
increased dramatically.
  The perpetrators of the violence want to sabotage the vote on East 
Timor's future.
  I spoke with one East Timorese man today, Mr. Franciso Da Costa, who 
witnessed the April 6th massacre of scores of people in the village of 
Liquica.
  An Op Ed article in today's New York Times by East Timorese lawyer 
Aniceto guterres Lopez says it all. He wrote: ``With arms, money and a 
license for reckless rampages, the militia leaders have openly 
threatened death to anyone opposed to continued Indonesian 
occupation.''
  I received a report earlier today that Mr. Lopez' house is surrounded 
and he has been threatened with death. Bishop Belo, winner of the Nobel 
Peace Prize and one of the most courageous people I have ever had the 
privilege to meet, has also been threatened.

[[Page S4810]]

  Hundreds of East Timorese civilians have been killed, injured or 
disappeared. Thousands have fled their homes to escape the violence, 
and are struggling to survive. Food and medicines are in short supply 
because the Indonesian Government has severely restricted access.
  This resolution sounds an alarm. The situation is extremely fragile. 
The militias are sowing chaos and terror. Far stronger steps are needed 
by the Indonesian Government and military to rein in the paramilitary 
groups.
  The resolution calls on the President and Secretary of State to 
intensify their efforts to urge the Indonesian Government and military 
to disarm the paramilitary groups. This must be done.
  Another recommendation we make is that the United States contribute 
to the U.N. Trust Fund which will set up polling booths and put people 
on the ground to monitor the vote. I plan to work with Senator 
McConnell, who is a cosponsor of this resolution and Chairman of the 
Foreign Operations Subcommittee, to obtain the funding as soon as 
possible.
  The resolution says that any agreement to sell or transfer military 
equipment to Indonesia should state that the equipment will not be used 
in East Timor. We would prefer that there be no military equipment. But 
at the very least, we do not want our equipment ending up in the hands 
of thugs who are trying to derail the vote.
  We know from history how much blood can be shed in East Timor. 
Nobody--not the Indonesian Government, not the Indonesian military, and 
certainly not the East Timorese people, benefits from a return to those 
days.
  Mr. President, this resolution should receive overwhelming bipartisan 
support. I ask unanimous consent that the New York Times Op Ed article 
by Mr. Lopez be printed in the Record.
  There being no objection, the item was ordered to be printed in the 
Record, as follows:

                 [From the New York Times, May 5, 1999]

                    East Timor's Bloodiest Tradition

                      (By Aniceto Guterres Lopes)

       Dili, East Timor--April 6, 1999. Another massacre. April 
     17. Another. Two more to add to an already lengthy list in 
     East Timor. Since Indonesia invaded my homeland in 1975 and 
     officially annexed it the following year, our history has 
     seemed little more than a succession of massacres, one 
     following the other in a depressingly predictable pattern.
       Although the recent attacks have many precedents, they were 
     committed when we were filled with unprecedented hope. Only 
     four months ago, the Government of President B.J. Habibie 
     offered us the chance to vote on whether to remain in 
     Indonesia or become independent. Indonesia began working out 
     the logistics of the vote with the United Nations and 
     Portugal (the former colonial power still acknowledged under 
     international law as the administering authority over East 
     Timor). Today the Foreign Minister, Ali Alatas, is due to 
     sign the final agreement on the vote at the United Nations.
       The recent wave of violence here reveals that the Habibie 
     Government is reneging on the promise of a peaceful 
     resolution to East Timor's disputed political status. 
     Although the Habibie Government denies it, the military, 
     since last December, has organized its hardened East Timorese 
     camp followers into militias. With arms, money and a license 
     for reckless rampages, the dozen or so militia leaders have 
     openly threatened death to anyone opposed to continued 
     Indonesian occupation. Their spokesman, Basilio Araujo, told 
     an Australian television crew, ``We will kill as many people 
     as we want.''
       The militia bosses boast that they are countering pro-
     independence guerrillas, but they have not fought a single 
     battle with the guerrillas. They have only attacked unarmed 
     civilians and created a refugee crisis. In sweeps through the 
     countryside, the militias have threatened to kill the 
     families of any male, young or old, who refuses to join their 
     ranks. Many ``members'' of the militias are ordinary 
     villagers, some of whom I know personally. They are forced 
     recruits sullenly going through the motions and hoping to 
     avoid being hurt and hurting others.
       The human rights organization I direct has been trying to 
     care for those who fled the villages to escape the militia 
     threats. According to our figures, about 18,000 refugees are 
     now sheltered in the towns. With little food, money and 
     medicine, they are slowly succumbing to disease.
       By unleashing the militias, the Indonesian Government's 
     apparent strategy is to create the appearance of a civil war. 
     Indonesia falsely claims to be an enlightened and neutral 
     arbiter between a factious and primitive people not yet ready 
     for independence.
       As is clear to all observers, the militias have not been 
     engaged in any pitched battles with pro-independence forces. 
     They attacked, with axes and machetes, hundreds of helpless 
     refugees sheltered in a church in Liquica on April 6. My 
     staff has recorded the names of 57 dead, many of them women 
     and children. Here in East Timor's capital, they attacked 
     another group of about 150 refugees on April 17. Meanwhile, 
     the pro-independence guerrillas, observing a cease-fire since 
     December, refrained from responding to the militias' attacks 
     on civilians until mid-April, as the Indonesian military 
     spokesman in East Timor has admitted.
       The militias have no other aim than to sow chaos and 
     terror. Instead of allowing us to vote on whether to remain 
     within Indonesia, the militia bosses are killing those who 
     oppose them and vowing to wreck the United Nations-supervised 
     vote scheduled for August. Bishop Carlos Ximenes Belo, who 
     won the Novel Peace Prize in 1996, is on their hit list, as 
     are Australian journalists, East Timorese students and human 
     rights workers (myself included). The militia bosses are even 
     threatening to attack United Nations officials who will come 
     to administer the vote.
       Sadly, President Habibie and his top military commander, 
     Gen. Wiranto, have done nothing to stop the militias. Over 
     the past five months, the gang leaders have, in public view, 
     committed atrocities and issued death threats. Yet they move 
     around with impunity. The much-publicized ``peace pact'' Gen. 
     Wiranto arranged in Dili on April 21 was nothing more than a 
     public relations stunt. The militias continue to attack 
     unarmed civilians unilaterally.
       For a free and fair vote to be held, Portugal and the 
     United States will have to insist on a disarming of the 
     militias and a substantial withdrawal of Indonesia's all-
     pervasive troops. The United States, holding considerable 
     leverage over bankrupt Indonesia, should take strong action, 
     like cutting off all military aid and training until a valid 
     vote on independence is held in East Timor.
       Every day my staff records more cases of torture, 
     disappearances and killings. All East Timorese, except for a 
     few deranged militia leaders, have experienced enough 
     violence in their lives. We are desperate for a peaceful 
     resolution. Yet the Indonesian military, by allowing these 
     militias to be deployed, is drowning our hopes in blood.

  Mr. FEINGOLD. Mr President, I rise today to join my distinguished 
colleague from Vermont [Senator Leahy] to offer this resolution to 
encourage a peaceful process of self-determination in East Timor. We 
are introducing this resolution because of serious obstacles that have 
appeared en route to a ballot to determine the future status of East 
Timor.
  Earlier this year it appeared that there was finally some progress in 
East Timor. President Habibie announced on January 27 that the 
government of Indonesia was finally willing to seek to learn and 
respect the wishes of the people in that territory. There appears to be 
an agreement between the governments of Indonesia and Portugal to hold 
a vote, currently scheduled for August 8, to determine East Timor's 
future political status. This latter accord is expected to be finalized 
today at the United Nations.
  Despite this positive development, excitement and tension over the 
possibility of gaining independence have in recent months led to an 
incredible level of violence and intimidation. The situation on the 
ground continues to worsen as East Timor has been wracked by violence 
throughout the last several weeks. Militias, comprised of individuals 
determined to intimidate the East Timorese people into support for 
continued integration with Indonesia and widely believed to be 
supported by the Indonesian military, are responsible for a sharp 
increase in violence.
  Let me recount some of the horror stories I have heard coming out of 
East Timor in the last few weeks. To cite just a few examples, pro-
government militias, backed by Indonesian troops, reportedly shot and 
killed 17 supporters of independence on April 5. Shortly thereafter, 
pro-independence groups reported clashes, arrests and deaths, as well 
as civilians fleeing violence in six cities. One of those cities was 
Liquica where at least 25 people were brutally murdered by pro-
government militias when up to 2000 civilians sought shelter in the 
local Catholic church. Later, on April 17, hundreds of East Timorese 
fled the capital of Dili as knife-wielding militias attacked anyone 
suspected of supporting independence. At least 30 were killed in this 
incident as Indonesian troops made little effort to stop the violence. 
The perpetrators have not all been on the government side. Over the 
years there have been atrocities on the pro-independence side as well. 
In recent months, however, the overwhelming majority of the violence 
has come from army elements and militias under their effective control. 
Overall, hundreds of civilians have been killed, wounded or disappeared 
in separate militia attacks.

[[Page S4811]]

  Unfortunately, Mr. President, there is no sign that the tension will 
ease between now and the August ballot. Pro-integration militia leaders 
announced on April 29 that they reject the concept of the upcoming 
ballot, or anything that could be considered a referendum. They have 
further stated that if a ballot leads to independence, they are 
prepared to fight a guerrilla war for decades if necessary to defend 
Indonesian rule of the territory. Independent observers fear that 
neither side will accept a loss in the August 8 ballot, thus setting 
the stage for a prolonged conflict in East Timor. This type of rhetoric 
does not reassure us about the prospects for a successful transition 
for the people of East Timor, regardless of which form of government 
they choose. The climate in East Timor today, sadly, may have become 
too violent for a legitimate poll to take place. Worse yet, the 
agreement on the ballot process that we hope will be announced today in 
New York will be rendered meaningless if people will fear for their 
lives if they dare to participate in the process.
  The government of Indonesia must shoulder particular responsibility. 
Whether Indonesian troops have actually participated in these types of 
incidents or not, the authorities certainly must accept the blame for 
allowing, and in some cases, encouraging the bloody tactics of the pro-
integration militias. As a long time observer of the situation there, I 
see the continuation of this violence as a threat to the very sanctity 
and legitimacy of the process that is underway. It is for this reason 
that Senator Leahy and I have submitted our resolution to encourage the 
government in Jakarta to do all it can to seek a peaceful process and a 
fair resolution to the situation in East Timor.
  Mr President, I believe the United States has a responsibility, an 
obligation, to put as much pressure as possible on the Indonesian 
government to help encourage an environment conducive to a free, fair, 
peaceful ballot process for the people of East Timor. Administration 
officials are saying the right things, but perhaps have not fully used 
the leverage we have at our disposal to make things happen. If we are 
ever going to resolve this issue, now is the time for us, the whole 
U.S. government, to act decisively.
  In order to further bring pressure on the government of Indonesia to 
ensure the conditions necessary for the ballot on a settlement for East 
Timor, the Leahy/Feingold resolution would link the transfer of defense 
articles and services to effective measures by the Indonesian 
government and military to ensure a stable environment in East Timor.
  Though non-binding, it is strongly worded. Specifically, our 
resolution recognizes progress in negotiations on a settlement proposal 
for East Timor, and the Indonesian government's apparent willingness to 
seek a peaceful resolution to the status of East Timor, but highlights 
the resultant increase in violence and human rights abuses by anti-
independence militias and urges the Habibie government to curtail 
Indonesian military support to the militias. Nevertheless, despite that 
progress and the prospect of today's finalization of ballot procedures, 
access to East Timor by international monitors remains restricted, 
threatening the very environment needed to conduct a free and fair 
ballot
  Most importantly, our resolution makes positive recommendations about 
what the United States can do to create an environment conducive to a 
free election. It states that it is the Sense of the Senate that we 
should urge the U.S. government to contribute to the United Nations 
Trust Fund to provide support for the East Timor ballot process. It 
also encourages the Administration to urge the Indonesian government to 
disarm the militias and grant full access to East Timor by 
international monitors.
  Mr. President, it is not in our power to guarantee the free, fair 
exercise of the rights of the people of East Timor to determine their 
future. It is, however, in our interest to do all that we can to work 
with the United Nations, other concerned countries, the government of 
Indonesia and the people of East Timor to create an opportunity for a 
successful ballot process. We cannot forget that the Timorese have been 
living with violence and oppression for more than 23 years. These many 
years have not dulled the desire of the East Timorese for freedom, or 
quieted their demands to have a role in the determination of East 
Timor's status. We have to do all we can to support an environment that 
can produce a fair ballot in East Timor. Now. And throughout the rest 
of this process.
  Mr. President, I ask unanimous consent that the text of a May 3, 
1999, editorial from the Wall Street Journal be printed in the Record 
at this point.
  There being no objection, the article was ordered to be printed in 
the Record,  as follows:

              [From the Wall Street Journal, May 3, 1999]

                      East Timor's Poisoned Choice

       For more than two decades, the world has recoiled in horror 
     at periodic reports of atrocities by Indonesian troops in 
     East Timor, the former Portuguese colony that Jakarta invaded 
     in 1975 and then annexed amid great protest in 1976. Despite 
     the outrage, sympathy with the plight of East Timorese and 
     the repressed desire of many for independence didn't stop 
     foreigners from doing business with Jakarta over the years. 
     In fact, East Timor largely appeared on the world's radar 
     screen only during peaks of suffering there--as in 1991 after 
     Indonesian troops fired on a funeral procession and killed an 
     estimated 180 people in the capital of Dili.
       Even so, when President B.J. Habibie announced in January 
     that East Timor could choose between autonomy or 
     independence, a great cheer of moral satisfaction went up 
     around the globe. After all these years and all that 
     struggle, liberation was at hand! Even in recent weeks, as 
     local antiseparation militiamen with ties to the Indonesian 
     army went on killing sprees in East Timor, the independence 
     juggernaut churned on. Representatives from Portugal and 
     Indonesia recently agreed to sign a U.N.-sponsored proposal 
     that could bring a vote to East Timor by this summer and an 
     end to Indonesian rule by 2000.
       The fact that President Habibie didn't actually sign, but 
     requested a delay until early next month, has led to 
     speculation that he may be getting cold feet about a proposal 
     that Indonesia's powerful military does not support. As 
     ominous as that sounds for all who thought the end was in 
     sight, what strikes independence enthusiasts as sad may not 
     be entirely bad. Even before the emergence of East Timorese 
     anti-independence militas added to an already volatile 
     mixture featuring armed separatists, there was evidence that 
     the ordinary people of East Timor might be getting a raw deal 
     on a silver platter. Though the entire exercise, vote and 
     all, is supposed to be about self-determination, in some ways 
     it appears that they are being thrown to the wolves--and not 
     only by Indonesia.
       Consider the reckless manner in which Mr. Habibie 
     acknowledged that the cost of maintaining a grip on the 
     turbulent province was too high for Indonesia. Former 
     colonial power Portugal departed from many of its possessions 
     in a fit of spiteful destruction, smashing infrastructure and 
     leaving arms in the hands of the baddest locals it could 
     find. Similarly, Mr. Habibie offered East Timor what was in 
     effect a poisoned choice of immediate autonomy or immediate 
     independence. That frightened even separatists among the 
     Timorese, some of whom have been pleading for a more gradual 
     process that would enable the province to better prepare for 
     an orderly transition and successful independence.
       But such is the rush to complete the voting process that 
     East Timorese expressions of concern about timing have been 
     largely brushed aside by outsiders who claim to be on their 
     side. Such concerns have been unheard, or dismissed as 
     impossible to address given Mr. Habibie's all-or-nothing 
     adamancy. Better to take what you can get, and take it now, 
     the rest of the world has been telling the Timorese. It's a 
     shame it has to be so hurried, and now so bloody, but these 
     things do happen.
       If outsiders are not willing to protect East Timorese from 
     the violent consequences of the process now under way, they 
     should stop cheering so hard for the process. Having come so 
     far, nobody likes to think of delay, not least because that 
     would be seen as a victory for the dark forces within the 
     Indonesian military and elsewhere. But standing idly by while 
     the people of East Timor are propelled into a situation that 
     is not simply risky but more or less expected to bring death 
     and destruction will be a crime in itself.

  Mr. McCONNELL. Mr. President, having just returned from Cambodia, 
Indonesia, Australia and New Zealand, I was impressed by how deeply 
concerned regional leaders were over the status and conditions in East 
Timor.
  Although the first really democratic elections to be held in 
Indonesia are coming up in June, the U.N. autonomy agreement, which 
should be announced today, was the focus of most of my discussions. 
While I was in the region, there was yet another explosive round of 
violence which left 17 dead. There is absolutely no question that most 
of these attacks are being carried out by

[[Page S4812]]

militias which enjoy military support from the Indonesian armed forces.
  I do not believe these militias are directly commanded by Indonesian 
officers. However, I do think these militias are both encouraged and 
equipped by individuals in the military who oppose autonomy or 
independence for East Timor. There clearly are officers with a vested 
interest in controlling the ports and trade through Timor. These 
individuals have put self interest above their nation's interest.
  While in Jakarta I raised these specific concerns directly with 
General Wiranto. I believe he recognizes that these events damage 
Indonesia's stability and stature. I hope he will pursue a more 
aggressive course in the days to come to assure this spiral of violence 
ends.
  In the meantime, I think we should make clear we will not allow US 
equipment to be used to further the violence in East Timor. I also 
believe it is essential to deploy civilian poll watchers and police to 
restore calm and credibility to the election process. To accomplish 
this goal in a timely and effective manner, I have initiated 
discussions with key congressional members to add funds to the 
supplemental bill to support a peacekeeping presence in East Timor. I 
understand that the UN estimates an election team supported by civilian 
police observers may cost as much as $50 million. I fully expect our 
regional partners and Portugal to assume a leadership role in meeting 
these needs, but we have key interests in promoting Indonesian 
stability and security. I would hope we can commit roughly $10 million 
to this endeavor. I am convinced that our support for an international 
monitoring initiative administered through the United Nations Trust 
Fund will help ease this crisis and offer the citizens of East Timor a 
real opportunity for reconciliation, peace and democracy.

                          ____________________