[Congressional Record Volume 146, Number 6 (Tuesday, February 1, 2000)]
[Senate]
[Pages S190-S197]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BANKRUPTCY REFORM ACT OF 1999--Continued
The PRESIDING OFFICER. The question is on agreeing to the motion to
table the Wellstone amendment No. 2537 to S. 625. Under the previous
agreement, there will be 5 minutes equally divided.
Who yields time?
Mr. WELLSTONE. Mr. President, I wonder whether I could ask unanimous
consent that the vote be first on the payday amendment.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. WELLSTONE. I thank my colleagues. I thank Senator Grassley from
Iowa.
Amendment No. 2538
The PRESIDING OFFICER. If the Senator will yield for a moment, the
question is on agreeing to the motion to table amendment No. 2538 by
Senator Wellstone.
Mr. WELLSTONE. I thank the Chair.
Mr. President and colleagues, I was on the floor earlier talking
about this whole problem of payday amendments, payday loans, and car
title pawns. To make a long story short, it is a very unscrupulous
practice. You have targets of low-income, you have targets of women,
you have targets of seniors who basically get a loan because of
something that happened in the family--medical emergency, you name it,
for $100, $200. It is rolled over and over again. They can end up being
charged 300, 400, or 500 percent a year--or a lien can be put on their
car. The car can be repossessed and sold. There isn't a requirement in
many States that these families at least get back what they no longer
owe to these creditors. I don't know why, when it comes to bankruptcy,
those lenders who in good faith have provided loan money to people
should be crowded out.
This amendment simply says if you are charging over 100 percent in
annual interest on a loan and the borrower goes bankrupt, you cannot
make a claim on that loan or the fees from that loan.
This is all about whether we are on the side of a lot of vulnerable
citizens--on the side of single parents, families, women, on the side
of moderate-income citizens--or on the side of these loan sharks.
This amendment, I believe, should get a huge vote. Every consumer
organization is for this amendment, and many other organizations
representing women and labor and low- and moderate-income people are
for this amendment. I certainly hope the Senate will vote for this
amendment.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, the Senator from Minnesota is asking the
Senate to put these provisions in law in the bankruptcy code for loans
that are legal under State law.
He would have this done in two ways: No. 1, he would say that the
State judges could not enforce these debt collections; and, No. 2, he
would say that in bankruptcy it could not be recovered in bankruptcy.
First of all, these are legal contractual relations. They are legal
under State law. So it ought to be questioned whether or not the Senate
of the United States or the legislatures of Minnesota and Iowa ought to
be making these determinations. It is my judgment that we should not
use the bankruptcy code to upset the legal bankruptcy laws of the
respective States.
I ask my colleagues to vote this amendment down.
Mr. WELLSTONE. Mr. President, how much time do I have remaining?
The PRESIDING OFFICER. The Senator has 18 seconds remaining.
Mr. WELLSTONE. Mr. President, I want to point out to my colleagues
that a lot of these unscrupulous credit companies get around State
regulations and protections through Federal law. A lot of them are
chartered by Federal law.
So it is certainly appropriate to take this action if we want to
protect consumers and not be on the side of these loan sharks.
The PRESIDING OFFICER. The Senator's time has expired.
Mr. GRASSLEY. I yield my time.
The PRESIDING OFFICER. All time is yielded. The vote will now occur
on the tabling motion.
Mr. GRASSLEY. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the motion to table amendment No.
2538. The yeas and nays have been ordered. The clerk will call the
roll.
The bill clerk called the roll.
Mr. FITZGERALD (when his name was called). Present.
Mr. NICKLES. I announce that the Senator from New Hampshire (Mr.
Gregg) and the Senator from Arizona (Mr. McCain) are necessarily
absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 53, nays 44, as follows:
[Rollcall Vote No. 1 Leg.]
YEAS--53
Abraham
Allard
Ashcroft
Bennett
Bond
Brownback
Bunning
Burns
Campbell
Chafee
Cochran
Collins
Coverdell
Craig
Crapo
DeWine
Domenici
Enzi
Frist
Gorton
Gramm
Grams
Grassley
Hagel
Hatch
Helms
Hutchinson
Hutchison
Inhofe
Johnson
Kyl
Lincoln
Lott
Lugar
Mack
McConnell
Murkowski
Nickles
Roberts
Roth
Santorum
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Voinovich
Warner
NAYS--44
Akaka
Baucus
Bayh
Biden
Bingaman
Boxer
Breaux
Bryan
Byrd
Cleland
Conrad
Daschle
Dodd
Dorgan
Durbin
Edwards
Feingold
Feinstein
Graham
Harkin
Hollings
Inouye
Jeffords
Kennedy
Kerrey
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Mikulski
Moynihan
Murray
Reed
Reid
Robb
Rockefeller
Sarbanes
Schumer
Torricelli
Wellstone
Wyden
ANSWERED ``PRESENT''--1
Fitzgerald
NOT VOTING--2
Gregg
McCain
The motion was agreed to.
Amendment No. 2537, Withdrawn
Mr. WELLSTONE. Mr. President, I ask unanimous consent to withdraw
amendment No. 2537.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. HATCH. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 2667
(Purpose: To encourage the democratically elected government of
Indonesia and the armed forces of Indonesia to take such additional
steps as are necessary to create a peaceful environment in which the
results of the August 30, 1999, vote on East Timor's political status
can be implemented)
Mr. FEINGOLD. Mr. President, I call up amendment No. 2667.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Wisconsin [Mr. Feingold] proposes an
amendment numbered 2667.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place in the bill, insert the following:
TITLE __--EAST TIMOR SELF-DETERMINATION ACT OF 1999
SEC. __01. SHORT TITLE.
This title may be cited as the ``East Timor Self-
Determination Act of 1999''.
SEC. __02. FINDINGS; PURPOSE; SENSE OF SENATE.
(a) Congressional Findings.--
[[Page S191]]
(1) On August 30, 1999, in accordance with the May 5, 1999,
agreement between Indonesia and Portugal brokered by the
United Nations, and subsequent agreements between the United
Nations and the governments of Indonesia and Portugal, a
popular consultation took place, in which 78.5 percent of
East Timorese rejected integration with Indonesia, setting
the stage for a transition to independence pursuant to the
terms of the May 5, 1999, agreement.
(2) On October 19, 1999, the Indonesian People's
Consultative Assembly agreed to ratify the August 30, 1999,
vote results, leading the United Nations Security Council, on
October 25, 1999, to authorize a United Nations Transitional
Administration in East Timor (UNTAET), which was to include
deployment of an international police and military force with
up to 1,640 officers and 8,950 troops.
(3) The United Nations Commission on Human Rights, in a
special session meeting on September 27, 1999, called on the
United Nations Secretary General to establish an
international commission of inquiry to investigate violations
of human rights in East Timor, and urged the cooperation of
the Indonesian government and military.
(4) The Secretary General subsequently directed Mary
Robinson, the United Nations High Commissioner on Human
Rights, to appoint a United Nations commission on October 15,
1999, which is due to report its conclusion to the Secretary
General by December 31, 1999.
(5) The Indonesian People's Consultative Assembly on
October 20, 1999, chose Abdurrahman Wahid as President of the
Republic of Indonesia and the next day also chose as Vice
President, Megawati Soekarnoputri
(6) President Wahid has invited Xanana Gusmao to meet and
has written to the United Nations Secretary General
officially informing him of the decision to end Indonesia's
administration of East Timor, and of East Timor's
independence, and expressing his hope ``that East Timor will
become an independent state''.
(7) As of late October 1999, according to United Nations
officials and other independent observers, more than 200,000
East Timorese remain displaced in camps in West Timor and
elsewhere in Indonesia, under constant threat by civilian
militia and in some cases denied access to assistance by the
United Nations humanitarian agencies.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the United States should congratulate the people of
Indonesia on its democratic transition and welcome the
efforts of the new Indonesian government to bring a peaceful
end to the crisis in East and West Timor;
(2) the results of the August 30, 1999, vote on East
Timor's political status, which expressed the will of a
majority of the Timorese people, should be fully implemented;
(3) economic recovery in Indonesia is essential to
political and economic stability in the region; and
(4) the President, the Secretary of State, the Secretary of
the Treasury, and Congress should work with the people of
Indonesia to restore Indonesia's economic vitality.
(c) Purpose.--The purpose of this Act is to encourage the
government of Indonesia and the armed forces of Indonesia to
take such additional steps as are necessary to create a
peaceful environment in which the United Nations Assistance
Mission to East Timor (UNAMET), the International Force for
East Timor (INTERFET), and the United Nations Transitional
Administration in East Timor (UNTAET) can fulfill their
mandates and implement the results of the August 30, 1999,
vote on East Timor's political status.
SEC. __03. SUSPENSION OF SECURITY ASSISTANCE.
(a) Suspension and Support.--
(1) Assistance.--None of the funds appropriated or
otherwise made available under the following provisions of
law (including unexpended balances of prior year
appropriations) may be available for Indonesia:
(A) The Foreign Military Financing Program under section 23
of the Arms Export Control Act.
(B) Chapter 2 of part II of the Foreign Assistance Act of
1961 (relating to military assistance).
(C) Chapter 5 of part II of the Foreign Assistance Act of
1961 (relating to international military education and
training assistance).
(D) Section 2011 of title 10, United States Code.
(2) Licensing.--None of the funds appropriated or otherwise
made available under any provision of law (including
unexpended balances of prior year appropriations) may be
available for licensing exports of defense articles or
defense services to Indonesia under section 38 of the Arms
Export Control Act.
(3) Exportation.--No defense article or defense service may
be exported or delivered to Indonesia or East Timor by any
United States person (as defined in section 16 of the Export
Administration Act of 1979 (50 U.S.C. App. 2415)) or any
other person subject to the jurisdiction of the United States
except as may be necessary to support the operations of an
international peacekeeping force in East Timor or in
connection with the provision of humanitarian assistance.
(4) Prohibition on participation in asia-pacific center for
security studies.--Programs of the Asia-Pacific Center for
Security Studies may not include participants who are members
of the armed forces of Indonesia or any representatives of
the armed forces of Indonesia.
(5) Prohibition on assistance through military-to-military
contacts.--The authority for military-to-military contacts
and comparable activities under section 168 of title 10,
United States Code, may not be exercised in a manner that
provides any assistance to the government or armed forces of
Indonesia.
(b) Inapplicability to Certain Items and Services on the
United States Munitions List.--Paragraphs (2) and (3) of
subsection (a) do not apply to the export, delivery, or
servicing of any item or service that, while on the Commerce
Control List of dual-use items in the Export Administration
Regulations, was licensed by the Department of Commerce for
export to Indonesia but is in a category of items or services
that, within two years before the date of the enactment of
this Act, was transferred by law to the United States
Munitions List for control under section 38 of the Arms
Export Control Act (22 U.S.C. 2778).
(c) Conditions for Termination.--Subject to subsection (b),
the measures described in subsection (a) shall apply with
respect to the government and armed forces of Indonesia until
the President determines and certifies to the appropriate
congressional committees that the Indonesian government and
the Indonesian armed forces are--
(1) taking effective measures to bring to justice members
of the Indonesian armed forces and militia groups against
whom there is credible evidence of human rights violations;
(2) demonstrating a commitment to accountability by
cooperating with investigations and prosecutions of members
of the Indonesian armed forces and militia groups responsible
for human rights violations in Indonesia and East Timor;
(3) taking effective measures to bring to justice members
of the Indonesian armed forces against whom there is credible
evidence of aiding or abetting militia groups;
(4) allowing displaced persons and refugees to return home
to East Timor, including providing safe passage for refugees
returning from West Timor;
(5) not impeding the activities of the International Force
in East Timor (INTERFET) or its successor, the United Nations
Transitional Administration in East Timor (UNTAET);
(6) ensuring freedom of movement in West Timor, including
by humanitarian organizations; and
(7) demonstrating a commitment to preventing incursions
into East Timor by members of militia groups in West Timor.
SEC. __04. MULTILATERAL EFFORTS.
The President should continue to coordinate with other
countries, particularly member states of the Asia-Pacific
Economic Cooperation (APEC) Forum, to develop a
comprehensive, multilateral strategy to further the purposes
of this Act, including urging other countries to take
measures similar to those described in this title.
SEC. __05. REPORT.
Not later than 30 days after the date of enactment of this
Act, and every 6 months thereafter until the end of the
UNTAET mandate, the Secretary of State shall submit a report
to the appropriate congressional committees on the progress
of the Indonesian government toward the meeting the
conditions contained in paragraphs (1) through (7) of section
__03(c) and on the progress of East Timor toward becoming an
independent nation.
SEC. __06. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this title, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations and the
Committee on Appropriations of the Senate and the Committee
on International Relations and the Committee on
Appropriations of the House of Representatives.
Mr. FEINGOLD. Mr. President, as I understand it, I have 30 minutes
under my control for purposes of this amendment.
The PRESIDING OFFICER. The Senator is correct.
Mr. FEINGOLD. I thank the Chair. I intend to withdraw this amendment
after I and other Senators interested in the amendment have had a
chance to talk within the 30-minute period.
As I said late last year, this amendment is considerably different
from my original bill, S. 1568, the East Timor Self-Determination Act.
I made significant alterations to it in order to respond to changing
events and the concerns of other Senators and the administration.
My amendment would have suspended all military and security
assistance to Indonesia until clear steps had been taken to stop the
harassment of East Timorese refugees, to end the collusion between
violent militia groups and the Indonesian military, and to hold those
responsible for recent atrocities accountable for their actions.
My amendment would have put this body on the record in recognition of
the need to use United States military and security assistance
responsibly in Indonesia.
[[Page S192]]
My original bill, which passed the Foreign Relations Committee on
September 27 by an overwhelming vote of 17-1, was introduced in the
wake of the violence that erupted after the results of East Timor's
historic referendum were announced on September 4. It was cosponsored
by the chairman of the Foreign Relations Committee, the distinguished
Senator from North Carolina, as well as many other Members of the
Senate.
I took that action, in cooperation with my colleagues, because events
in East and West Timor demanded it.
While I am very pleased to have the opportunity to finally call up my
legislation on the Senate floor, it is unfortunate that this is being
squeezed in to a debate on the bankruptcy bill rather than standing
alone. It is unfortunate that we are here debating this amendment more
than 4 months after the events in East Timor that gave rise to it. It
is unfortunate and it is inappropriate, because the events in East
Timor that originally cried out for this legislation are deadly
serious. And the encouraging events that justified changes in the
legislation are critically important. Both deserved thoughtful
consideration from the Senate.
On August 30, well over 99 percent of registered voters in East Timor
courageously came to the polls to express their will regarding the
political status of that territory.
More than 78 percent of those voters marked their ballot in favor of
independence.
But weeks of violence dampened the jubilation that immediately
followed the vote, as the Indonesian military--a military that the
United States has long supported--colluded with militia groups in
waging a scorched earth campaign throughout the territory.
Thousands of people were forced to leave, and many were killed.
But for the East Timorese run out of their homes in the fray, the
nightmare did not end there.
Just days ago, the Independent newspapers of London reported on the
horrible conditions in the remaining refugee camps in West Timor. In
one part of West Timor, UNICEF has found that 25 percent of refugee
children are malnourished.
To this day, militia members harass and intimidate East Timorese in
West Timor's refugee camps. According to the United Nations High
Commissioner for Refugees, between 100,000 and 150,000 refugees remain,
in many cases against their will, in the refugee camps.
But some will say that we should remain silent on these matters, and
continue to let events in Timor and Indonesia unfold without comment.
Some will say that the time for action has passed. They will point to
the recent democratic elections in Indonesia, and to the Indonesian
government's stated willingness to accept the results of the August 30
ballot. They will note the many encouraging steps that President Wahid
has taken in the direction of reform. And they will point to President
Wahid's most recent, public commitment to holding military officers
accountable for their actions--actions now described in both Indonesian
and U.N. investigations.
They are right to emphasize the positive signals coming from the new
government, and they are right to point out that the situation in
Indonesia has changed significantly in the past four months. I
recognize those changes, and I have tried to respond to them as my
legislation has wended its way through this body.
Make no mistake--the Indonesians were aware of the original
legislation. And over the last few months they have undoubtedly taken
note of the changes that were made in this amendment--changes that sent
a clear signal that the United States recognizes that the government of
Indonesia is moving toward democracy and accountability, and we are
very interested in partnership with that kind of Indonesia.
While I support the notion that now is an important time to reach out
toward the new government in Jakarta, I reject the idea that we should
no longer maintain intense pressure on the Indonesian military.
Whether or not the Indonesian military is committed to serving under
the new, promising, democratically-elected regime remains to be seen.
Recently, rumors of coup plots and a possible military takeover of this
fledgling democracy circulated in Jakarta and abroad. In recent months,
ethnic and religious violence erupted in Aceh, the Spice Islands, and
elsewhere in Indonesia. Many reports indicate that elements of the
Indonesian military continue to stand by and do nothing to help the
people they are supposed to protect.
So as we extend a welcome to Indonesia's new government, we must send
a strong message about the kind of behavior that we do not welcome, and
about the kinds of abuses that we will not ignore. It remains as
crucially important today as it ever was to pressure violent elements
in Indonesia to do the right thing. And I serve notice to my colleagues
and to the administration--I stand ready to do just that. If U.S.
policy fails to send a strong message in favor of reform and
accountability, I will seize any legislative opportunity necessary to
fight for a responsible policy--one that serves United States and
Indonesian interests in stability and justice.
Mr. President, how much time do I have remaining?
The PRESIDING OFFICER (Mr. DeWine). The Senator has used 6 minutes
and 40 seconds.
Mr. FEINGOLD. I yield such time as he wishes to the distinguished
Senator from Rhode Island, who has truly been a great leader on this
issue, making not only an effort on the Senate floor but a personal
effort to visit and see exactly what is happening in East Timor itself.
I yield the Senator from Rhode Island such time as he needs.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. REED. Mr. President, first, let me commend the Senator from
Wisconsin for his efforts. He has spoken out forcefully and clearly and
correctly for so many months about our obligation to see that the
people of East Timor have a chance to chart their own course, to reach
their own destiny, to rule themselves. I thank him for his efforts.
Today this amendment is being withdrawn, but this withdrawal should
not be a signal that we are turning away from East Timor. Indeed, it is
once again an opportunity to speak out and demand that we do, in fact,
attend to the needs of this emerging country.
As the Senator from Wisconsin pointed out, I traveled to East Timor
twice last year. The first time was a week before the referendum. I
traveled with Senator Harkin and our colleague from the other body,
Congressman Jim McGovern of Massachusetts. We were there a few days
before the election. What struck us was the incredible courage of the
people of East Timor. It was an ominous and foreboding atmosphere.
Armed militias were roaming the countryside threatening people and
making it clear that their goal was to intimidate all of the East
Timorese either not to vote or to vote for continued association with
Jakarta, with Indonesia. Despite this, we saw countless East Timorese
who were willing to risk their lives, declaring to us that they would
vote, they would risk their lives.
I had occasion in Suai to be speaking at a church where there were
thousands of displaced persons gathered around this church in the
protection of three priests. I told them that the vote is more powerful
than the army. Not only did they believe that, but they risked their
lives to prove it. Sadly, with the conclusion of the referendum, the
militias went wild, conducting a rampage throughout East Timor. In
fact, the three priests in Suai who were leading their congregations
were slaughtered by the militias because they chose to talk about
democracy and independence and self-determination.
I returned back to East Timor in the first week of December. Since
the election had taken place, the United Nations had authorized the
intervention of international forces, and we owe a great deal to the
armed forces and the Government and the people of Australia because
they launched thousands of Australian soldiers to enter that country,
to stabilize that country, and literally to give a chance to the people
of East Timor to build a democratic society.
The United States also contributed roughly 200 troops. The troops
were led by our U.S. Marine Corps. The bulk of the troops were U.S.
Army forces. These troops, once again, displayed magnificently the
ability of American
[[Page S193]]
forces to respond to a crisis and to bring to bear not only our
technology, but our values, as they supported that struggling
democracy, struggling to emerge in East Timor. Now, the Indonesian
Government has formally renounced the claims of East Timor. It is being
administered in the interim by the United Nations.
We had the chance in our last visit at the end of November, beginning
of December, to meet with the leadership of the United Nations. They
are led by a very accomplished diplomat, Sergio DeMello. But I have to
say that their efforts to date are quite feeble when it comes to the
difficult challenges they face. So I think the whole international
community has to step up and assist this effort of reconstruction
because one thing was painfully obvious to us as we traveled through
East Timor--the country was deliberately, cynically destroyed. Every
building that was worth habitation was burned. Ironically and
interestingly--because I think the Indonesian military was calling all
the shots--they didn't touch the churches because they knew that would
probably make CNN. But a few feet away from every church, rows and rows
of buildings were destroyed. We met the people of East Timor, people
who are struggling for the basic subsistence now after all the mayhem
and destruction. Once again, I commend the military forces--
particularly ours--that are there today helping out.
We have a great deal to do to ensure that our words about
independence, our words about the value of democracy, and our words
about self-determination are transferred into palpable progress for the
people of East Timor. We have an opportunity, I say an obligation, to
give them resources to get the job done. I believe we should start with
an appropriation of $25 million for humanitarian assistance so they can
reconstruct their schools and infrastructure. Literally, the militias
and Indonesian Army destroyed all records--postal records, all
identification records, all land records. This country has been totally
devastated, deliberately and cynically destroyed. We have an obligation
to help them rebuild. They are a people who want to rebuild, who want
to make progress and go forward.
I also had the chance while I was in East Timor to travel to West
Timor, which is still part of Indonesia. I went to these camps where
there are thousands of East Timorese, many of whom were taken against
their will from their homes and brought into these camps. These camps
are not a place where a person can stay indefinitely. It is a
transitory shelter. Many people are there because they are intimidated
by the militias still lurking in the camps. Others are fearful and
afraid of going home because they might run into retribution by those
who stayed behind, the proliberation democracy forces. But in any case,
they are creating a huge problem of assimilation and a huge drain on
the resources of the villages of West Timor.
I had a chance to meet with the Catholic Relief Service, which is
doing great work there, and representatives of the Catholic Church. We
have a real obligation, also, to see that these displaced people in
West Timor are allowed to go home safely and to reintegrate into their
society, into the new country of East Timor. The work is substantial.
Today's effort by the Senator from Wisconsin, after many days to get
this measure to the floor, should, as I say, not be a signal that the
problem is solved and that we can withdraw--since no longer is East
Timor capturing the front page headlines--it should be rather an
opportunity for us to recommit ourselves to do the work of helping
these people build a just, decent, and viable society and country.
Let me say a final word because we are all here today talking about
an issue that has been on the minds of the world for the last year
because of the publicity. But long before East Timor was a well-known
word in the United States and around the capitals of the world, there
was one Member of this Senate, Claiborne Pell, who strove mightily to
point out the injustice and the need for freedom. In 1992, Senator Pell
traveled to Indonesia, saw President Suharto, and asked him to hold a
plebiscite on self-determination. That was a full 7 years, or more,
before this referendum was held. He also wanted to visit East Timor but
was denied permission to meet with Xanana Gusmao, then in a Jakarta
prison. He held hearings and he kept this issue on the forefront of the
consciences of many in the world. In a very particular way, the freedom
of East Timor today is a tribute to his quiet, persistent efforts
through many years. The fact that today Xanana Gusmao is back home in
East Timor, is a leader in that community, a community that will decide
its own fate, a free country, emerging in the world, is a tribute again
to Senator Pell.
Let me conclude by thanking, once again, Senator Feingold for his
great effort, his clear voice, his dedication and commitment to
principle. Let us all resolve today that we have just begun to help
these people to rebuild their country, their society, and to create a
society that will have our values, but will also definitely have their
own perspective as East Timorese.
I yield back my time.
Mr. FEINGOLD. Mr. President, how much time remains?
The PRESIDING OFFICER. There are 13 minutes remaining.
Mr. FEINGOLD. Mr. President, I thank the Senator from Rhode Island
for his extremely dedicated work on this issue. It has been a pleasure
working with him on it. I wish to reiterate what he said, which is that
this is another opportunity for us to tell our colleagues, as well as
Indonesia and the rest of the world, that we are watching this on a
daily basis and we are prepared to act again. The legislation is very
viable and we are prepared to offer it as an amendment to another bill
if the situation becomes difficult.
At this point, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. FEINGOLD. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FEINGOLD. Mr. President, at this time I am delighted to yield the
remaining time we have on the amendment to the distinguished Senator
from Iowa who, along with the Senator from Rhode Island, has shown not
only a tremendous interest and dedication on the issue of East Timor
but took the time and risks associated with actually visiting East
Timor at a very critical point and came back here to be key to the
entire effort to lead the East Timorian independence. Senator Harkin,
Senator Reed, I, and others are going to watch this every day to make
sure this situation moves in the right direction and we don't go
backwards.
I yield whatever time is necessary to the Senator from Iowa.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. HARKIN. Mr. President, I thank the Chair. I thank my colleague
and friend from Wisconsin for yielding time to me but, more
importantly, for his strong and continued leadership on this issue of
East Timor.
As we all know, East Timor is a small, new nation in a faraway place.
A lot of times we tend to forget about it and push it off to the side.
But we can't. We can't forget about what happened in East Timor. I
think it is incumbent upon us, as the leader of the world's democracies
and as the nation that holds out to oppressed peoples all over the
world the ideals of self-determination and democratic institutions,
because we are in that position, that we have to take a leadership
position among world communities, focusing and keeping our attention
focused on East Timor.
These brave people for almost 25 years have continued their
struggle--peacefully, I might add--for their own right to self-
determination. When the Portuguese left in 1975, of course, Indonesia
annexed East Timor. The East Timorese people had no say in that
whatsoever. Yet they continued a worldwide campaign for their right to
self-determination.
What didn't they do? What didn't the East Timorese people do? They
didn't plant any bombs. They didn't sabotage anything. They didn't blow
up airliners. They didn't commit acts of terrorism against the
Indonesia Government or the Indonesia people, but forcefully, day after
day and year after year, they went to the world community and pricked
our conscience. They went to the U.N. They came here. They
[[Page S194]]
went to Europe. There was no accident that Bishop Belo and Jose Ramos-
Horta both won the Nobel Peace Prize for their activities because they
pursued their right to self-determination as Gandhi or Dr. Martin
Luther King, Jr., would have done, in a peaceful, nonterrorist way.
When they finally had this vote late last summer, they voted
overwhelmingly for separation, to have their own nation.
Senator Reed and I, along with Congressman McGovern from
Massachusetts, were there right before the vote about a week before. We
traveled extensively around the country. You could already see the
militias and what they were trying to do and the intimidation. It was
after that trip that the three of us had conversations with our
Secretary of State, with Kofi Annan, the Secretary General of the
United Nations, Secretary Cohen, our Secretary of Defense, and people
at the White House. We talked to everyone, saying: Look. We need to
have things in place there. There is going to be a blood bath. We hope
there isn't. But our sense is that everything we had ever seen before
in our lives, in our history--you could almost smell it. You could
almost sense what was going to happen in East Timor. A powder keg was
ready to go.
We met with General Anwar. We went back to Indonesia, and we told
President Habibie at the time: If your orders are right, there should
be a peaceful transition and a peaceful election. This General Anwar is
not carrying out your orders. He is either not carrying out your orders
or you are not giving the right orders. But something is not adding up
here. The same with General Wiranto, the head of the armed services.
I ask unanimous consent that an article and an editorial from the
Washington Post be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[From the Washington Post, Feb. 1, 2000]
E. Timor Panel Blames Army for Atrocities
(By Keith B. Richburg)
Jakarta, Indonesia, Jan. 31.--A government commission
charged today that the Indonesian military and its militia
surrogates carried out an orchestrated campaign of mass
killing, torture, forced deportation, rape and sexual slavery
in East Timor. It named six top generals--including Gen.
Wiranto, the former army chief--for possible criminal
prosecution.
The findings of the government commission of inquiry were
more sweeping and harder-hitting than had been expected,
coming on top of a recommendation from a U.N. inquiry that
the United Nations set up a special tribunal to try those
accused of atrocities in East Timor. They brought to a head a
confrontation between Indonesia's new democratic government,
which has made human rights and accountability a major
priority, and the powerful military establishment that has
seen its traditional role undercut and its past abusive
practices put under intense public scrutiny.
President Abdurrahman Wahid, who is in Davos, Switzerland,
for the World Economic Forum, said after the findings were
made known that he will fire Wiranto from the cabinet. ``I
will ask him, to use a polite word, ask him to resign,''
Wahid told a television interviewer.
Wiranto stepped aside as armed forces commander in October,
after the violence against East Timorese that broke out last
September over their decision to secede from Indonesia. But
he still wields considerable influence in the military as
cabinet coordinating minister for political affairs and
security.
The East Timorese resistance leader and Nobel laureate,
Jose Ramos-Horta, said in Singapore that Wiranto should be
tried and not just removed from the cabinet. ``In this day
and age, you cannot kill hundreds of people, destroy a whole
country, and then just get fired,'' he said.
Among its findings, the commission also said the military
actively tried to cover up evidence of its ``crimes against
humanity,'' including moving victims' bodies to remote
locations.
``The mass killings claimed the livers mostly of
civilians,'' said the commission chairman, Albert Hasibuan.
``They were conducted in a systematic and cruel way. Many
were committed in churches and police headquarters.
Australian-led peacekeeping troops in East Timor have
unearthed hundreds of bodies in scattered grave sites, many
in the East Timorese exclave or Oe-Cussi near the border with
Indonesia. Villagers have said bodies were moved there before
foreign troops arrived, but today's report provided the first
confirmation of an effort to conceal the extent of the
killings.
The commission forwarded to Attorney General Marzuki
Darusman the names of 33 people, including Wiranto, who it
said should be investigated for prosecution, and Marzuki
promised to begin his own probe. Among those named are Maj.
Gen. Adam Damiri, the regional commander in charge of East
Timor in the months leading up to the Aug. 30 U.N.-backed
independence referendum; Zacky Anwar Makarim, the army
intelligence chief in East Timor; and Tono Suratman and Noer
Muis, the two commanders based in Dili, the East Timorese
capital.
Also named were the commanders of various militia groups,
including Joao Tavares, who called himself the commander in
chief of all the militias, and the flamboyant Eurico
Guterres, head of the feared Aitarak, or ``Thorn,'' militia,
who in the days before the referendum vowed to turn Dili into
a ``sea of fire'' if voters supported independence.
The bloodbath unleashed in East Timor sparked international
outrage and turned Indonesia into something of a pariah
state, criticized by friends and slapped with economic
sanctions. Hundreds of thousands were forcibly deported to
Indonesian-controlled western Timor, homes and buildings in
Dili were looted and set ablaze and the few foreigners left
in the capital huddled inside the U.N. compound, along with
frightened Timorese, with little food or water.
The killing and destruction continued until former
president B.J. Habibie bowed to international pressure and
allowed in foreign troops to restore order. At the time,
Wiranto conceded some Indonesian army troops, from two
indigenous East Timorese battalions, were involved in the
violence. But he repeatedly insisted the outbreak was
spontaneous, that there was no evidence of widespread
killings and that he was trying his best to bring the
situation under control.
The report today found Wiranto ``fully acknowledged and
realized'' the extent of the violence and destruction in East
Timor but failed to take action. ``Therefore, General
Wiranto, as the TNI [Indonesian army] commander, should be
the one to take responsibility,'' the report reads.
While the Indonesian attorney general deals with this
report, U.N. Secretary General Kofi Annan must decide whether
to accept the recommendation of the separate U.N.
investigation and ask for a human rights tribunal for East
Timor. Indonesia vehemently objects to any U.N. tribunal,
saying the country is capable of punishing those responsible.
Analysts have said a credible report from the Indonesian
commission was a crucial first step in dissuading the United
Nations from setting up a tribunal.
____
[From the Washington Post, Feb. 1, 2000]
Justice for Timor
Not long ago, the armed forces pretty much ran the show in
Indonesia; now they are under investigation. A human rights
commission formed by that nation's new democratic government
yesterday issued a stinging indictment of the military,
including its former leader and five other generals, for
orchestrating, condoning and taking part in the destruction
of East Timor last summer. The report, with its call for
criminal prosecution, is an important step. Now comes the
hard part for President Abdurrahman Wahid; he deserves the
support and encouragement of other nations as he moves
forward.
East Timor, a small half-island at the remote eastern end
of Indonesia's archipelago, voted for independence from
Indonesia in a United Nations-sponsored referendum Aug. 30.
Indonesia's Gen. Wiranto promised security for the voters;
they instead were subjected to a spasm of murder, rape,
looting and other violence. At the time, Gen. Wiranto and
Indonesia's government blamed the violence on rogue anti-
independence militias. But the government's unflinching
report, based on many interviews and on-site investigation,
rejects that excuse and sees unquestioned official
complicity.
President Wahid is under pressure from the military not to
treat its generals too roughly. Ethnic violence is breaking
out in many places; without unified armed forces, some say,
Mr. Wahid cannot hold the country together. There have been
rumors of a coup. But as much as it needs a strong military,
Indonesia needs one subservient to new civilian powers;
without progress in that direction, many restive regions will
find it intolerable to remain inside the country. So Mr.
Wahid is right to dismiss Mr. Wiranto from his cabinet and
allow criminal prosecution of those named in the human rights
report.
A United Nations inquiry released yesterday came to many
similar conclusions about the violence in East Timor. Some
U.N. officials now favor an international tribunal. Since the
United Nations sponsored East Timor's referendum, the
organization has a continuing role to play in seeking justice
for the Timorese. Its investigation should continue.
But before a Bosnia-style tribunal is created, Indonesia
should be given a chance to judge its own. Its new democratic
government well understands the importance of that process.
Mr. HARKIN. I give the Indonesians credit.
The article says that this new government commission ``. . . named
six top generals--including Gen. Wiranto . . . and General Anwar for
possible criminal prosecution'' and that the ``militia'' with their
``surrogates carried out an orchestrated campaign of mass killing,
torture, forced deportation, rape and sexual slavery in East Timor.''
[[Page S195]]
The East Timorese resistance leader and Nobel laureate,
Jose Ramos-Horta, said in Singapore that Wiranto should be
tried and not just removed from the cabinet. ``In this day
and age, you cannot kill hundreds of people, destroy a whole
country, and then just get fired.''
These are crimes against humanity.
I wholeheartedly commend the present Government of Indonesia and its
human rights commission for their bravery in doing this investigation
and coming up with this finding. I think it moves the democratic forces
far ahead in Indonesia because they were able to come out with this
finding.
I am very supportive of the sense-of-the-Senate resolution that is
offered by the Senator from Wisconsin. We have to make some statements
about East Timor. We have to be in the lead on this, and the fact that
the human rights commission of the present Government in Indonesia made
these findings ought to give us comfort that we are not undermining the
Government of Indonesia in helping the East Timorese.
I was not privileged to go back with Senator Reed when he went there
in December. I talked to him. Senator Reed said:
You would not believe the places we were, that we saw with
our own eyes. They were leveled. Buildings were burnt. Some
of the church houses were burned down and people just
disappeared, all driven across the border. We were up in this
one town on the border. He said it was like a ghost town. All
of these people were forcefully deported into West Timor, and
even yet today they are not letting these people come home.
I think the focus of world opinion and public opinion and attention
has to be again on East Timor. What the Indonesian military did there
is unconscionable. I don't blame the Indonesian people. I talked to too
many Indonesians who were opposed to what their military was doing in
East Timor, who thought it was a right of the East Timorese, because of
their history and their past, to have self-determination.
I in no way cast any blame upon the Indonesian people themselves. But
I do single out General Wiranto, General Anwar, and the people at the
human rights commission who were in charge of aiding, abetting, and
fostering the militia that did these terrible things to East Timor--as
Senator Reed said--vindictively burning down things, destroying
telephone lines, destroying bridges, just crazy things such as that,
just to leave the country in total waste.
Again, I thank the Senator from Wisconsin and the Senator from Rhode
Island for their strong support of the brave people of East Timor.
I hope we in the Senate, if not today, at some point shortly can
express our support on this sense-of-the-Senate resolution so the brave
people of East Timor and the democratic forces in Indonesia know we
will support this and we will do everything we can to help them rebuild
this country again as a signal to the rest of the world that we will
support peaceful self-determination and the right of people to have
their own democratic governments. This is as good a place as any to
start.
Again, I thank the Senator from Wisconsin for his strong, continued
leadership on this issue.
I yield the floor.
The PRESIDING OFFICER. The Senator from Utah.
Mr. HATCH. Mr. President, I yield time to the distinguished Senator
from Missouri.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, I thank the distinguished manager of the
bill.
I rise today because I feel very strongly about what we are
considering. Today we in the Congress are being asked to consider our
first statement on Indonesia since the country's elections last fall.
Everyone is familiar with it. Everyone has watched CNN and watched the
bloodshed and horror that occurred in East Timor and other places in
Indonesia. That was prior to the Indonesian elections, and it had taken
place under a severely weakened and ineffective leader.
Last fall, the Parliament completed the first election cycle that was
truly free in the country's history by electing a new President,
President Abdurrahman Wahid. I just returned from Indonesia, where I
not only met with President Wahid but the Vice President, the Foreign
Minister, the Speaker, and the Head of Parliament. I met with
Indonesian citizens, Americans living over there, and most important of
all, I met with our very astute and very able Ambassador, Bob Gelbard,
and the staff we have in Indonesia to help us formulate policy with
respect to that country.
Unfortunately, our press, which gave us a lot of information about
East Timor, has not paid much attention to the free elections. It has
paid little attention to the work of the new Government and its efforts
to lead a transition to democracy. This is truly a time of rapid change
in Indonesia, and it is a time of great challenge for Indonesian
leadership and others in the world who support democracy, freedom,
human rights, civilian control of the military, and religious tolerance
for all people.
Regretfully, some Members of this body seem determined to stay in the
past. Things are moving in the right direction, and it is time, in my
view, for the United States to support the new Government, to work to
make sure that this Government succeeds, and that the noble objectives
we support are carried out.
President Wahid's job in this situation could not be more difficult.
He has to bring democracy and a better standard of living to people who
were living under a totalitarian government in a situation that
bordered on chaos. He has to bring under control the ethnic and
religious conflicts that are breaking out all over the country. Perhaps
most difficult of all, he has to overcome the well-entrenched and
powerful interests that want him to fail, that would be delighted to
bring the country straight back into chaos.
From everything I saw, and from what our distinguished Ambassador and
his staff tell us, President Wahid has not disappointed. He wakes up
every day and makes bold and courageous decisions and he doesn't bother
to take polls on what people want. He is simply concerned about moving
his country in the right direction.
I hope we will have the opportunity to welcome President Wahid to
Washington, DC, and to give him an opportunity to address the Congress
to talk about the challenges he faces and his commitment to the
American ideals of democracy, freedom, human rights, and cleaning up
corruption in all areas of government and private sector activity.
In a very short time, the changes in Indonesia have been marked and
profound. On the issues the sponsors of this amendment are concerned
about, President Wahid has agreed to work with the U.N. Security
Council to track down and bring to justice those who were responsible
for the bloodshed in East Timor. The Indonesian Government, as has been
noted already, has impaneled their own commission to investigate what
took place in East Timor and bring those to justice. The panel has
identified six high-ranking military officers. The President has
indicated they will all be removed from the military and has given
every indication they will be brought to justice.
When the spokesman for the military said the military should not be
subject to the control of the civilian-elected Government, the
President moved and cut him off. We in Congress cannot continue to put
our heads in the sand with these monumental changes going forward. Even
the European Union recognizes the tremendous progress President Wahid
and his Government are making. The E.U. has lifted the ban on certain
arms sales. They pledged to begin military training.
I regret to tell you the situation in Indonesia and East Timor is not
as simple as some of my colleagues would have you believe. Secretary
Cohen traveled there and laid out what we expect of the new Government.
The Government has complied, but in the interim we have cut off our
ability to have any positive influence by ending military to military
contact. I say let's listen to our former colleague, now Defense
Secretary Bill Cohen, who is well informed about what is going on in
that area. I suggest we listen to the people in our State Department--a
State Department run by the party of my colleagues who have introduced
this resolution--and ask them what we can do to help move the
Government, move the cause of democracy and freedom, in the right
direction. At a time such as this, we should be sending to the people
of Indonesia a loud message,
[[Page S196]]
and a clear message, that we support their efforts to achieve democracy
and we will support the new Government in its efforts to bring
democracy to its 210 million people.
The resolution, as I have just seen it, as I quickly calculate,
dedicates 14 lines to congratulating the people of Indonesia and
encouraging the Government of this country to work with the struggling
democracy and then dedicates several pages to those things we as a
government should be denying the Indonesian Government. Here is a
country emerging from all the problems of the past. They need a hand
up, not another bucket of water dumped on their heads.
Secretary Cohen delivered a clear message during his trip to the
country that it was time for military reform. The Indonesian people
responded. Today, the Indonesian military is under civilian control. In
a clear move to curb the power of the army, the position of commander
in chief has been given to an admiral in the Indonesian Navy,
considered to be the most progressive and professional of the military
branches. Under pressure from Secretary Cohen, the military vacated
East Timor. There have been positive reports coming in that the
military has been cooperating with the international community. Some
members are working actively to frustrate the efforts of pro-Jakarta
militias to conduct any further raids on refugees or East Timor towns.
On the human rights front, a new attorney general has been selected.
Our State Department has great confidence in his commitment to the rule
of law and protection of human rights. The Indonesian Government has
also created a new position within the Government, the State Commission
on Human Rights, a position that has been filled by a former political
prisoner from Aceh.
These are not insignificant steps. In fact, they are enormous steps
that show the tremendous effort on the part of the new Government and
the people of Indonesia.
The outcome of the election could have been very different. It was
not. There was no mass violence in the streets, and there was no
military coup. The result was democracy in action.
The bottom line is the Indonesians have been doing everything we
asked them to do. Now, with this proposed resolution, we are being
urged not to offer congratulations, not to extend a helping hand but,
rather, to poke a sharp stick in their eye.
This resolution endorses a cutoff of military-to-military contact,
education, and military assistance. But the administration promptly cut
off assistance and contact after the violence broke out. The Department
of Defense and our Department of State can be a very positive force for
reform, but this amendment would propose to limit their ability to do
so. The violence happened under a different government with a weak
president.
Make no mistake about it, this resolution will be looked upon by the
Indonesian people as a repudiation of the direction they have chosen
and of the work of their democratically elected President and Vice
President. It will be taken as a clear sign that the United States is
not interested in being a positive force for change.
I urge--I beg my colleagues to stay involved and to pay attention
because this is a vitally important part of the world. When I was in
Southeast Asia 9 months ago, when I asked in one country or another how
things were going, everybody would say: We are doing well, but we are
worried about Indonesia.
We ought to be worried about Indonesia because they are the fourth
largest country in the world. They have an opportunity to join the list
of countries that are democracies, that are committed to human rights
and freedom. They deserve to be part of the enlightened leadership of
the world.
It is time we provided support to that effort. It is vital the United
States continue to support the development of democracy and of civilian
control of the military. We need to begin the process of engagement, to
provide their military with the assistance and training they need to
ensure that the functions of security are carried out effectively and
properly. Our government has pressured the Indonesian government to
restrain the military and make reforms. Now the situation is getting
out of control. The military has lost its ability to respond to
regional outbreaks of violence. Rather than being an impediment to
progress, we ought to be in there helping them to reestablish the rule
of law and order and peace and security for all people and all
religious groups in Indonesia.
We have a tough battle ahead. There have been atrocities that are
mind boggling. I join with the sponsors of the resolution who
understand how terrible these depredations were. But times are
changing. We need to be a positive force, to encourage those changes,
to keep them on the right track, and not punish a government that is
trying to move in the direction we laid out for them.
Mr. President, I am sure we will visit this issue again. In the
meantime, I urge all my colleagues to seek counsel from our own State
Department, our own Department of Defense. This Democratic
administration has excellent people who are well aware of what is going
on there. Let's find out from them what is happening and what we can do
to be a positive force.
I hope my colleagues on both sides of the aisle will listen to them
so we can be positive in our efforts and in our results.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. FEINGOLD. Mr. President, I ask unanimous consent for an
additional 5 minutes on this issue.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. FEINGOLD. Mr. President, we would like an opportunity to briefly
respond to the comments of the Senator from Missouri. I could have
sworn the Senator had not heard my remarks earlier because his remarks
suggest an analysis that has something to do with their original
legislation. I took great pains throughout my comments to indicate
exactly what the Senator from Missouri was indicating, that there are
some very positive developments in Indonesia, and in particular that
Government there, the democratically elected Government, is struggling
to keep that nation strong, to keep that nation together, and to get
control over the military.
So I find it very ironic that the Senator would come down here and
say we need to be fair to that Government when you look at the comments
in the last 48 hours. What has happened in the last 48 hours? President
Wahid of Indonesia said, I say to the Senator from Missouri, that it
may be necessary for Mr. Wiranto to resign. That is what the
democratically elected President of Indonesia said when he heard about
the investigations and reports of the United Nations.
What did Mr. Wiranto say with regard to that suggestion of the
President of Indonesia? He said he was going to brush aside calls to
resign from government and stand trial for his alleged role in human
rights abuses in East Timor last year. ``Like a good soldier, I am
going to continue to fight for the truth.''
In other words, the Senator from Missouri asks us to support the
President and the nation of Indonesia. But instead what he is really
doing is giving support and sanction to the attitude of Mr. Wiranto,
the person who many believe had a great deal to do with the atrocities
in East Timor.
I did not come today to actually seek a vote on this amendment. I did
indicate I would withdraw the amendment from this bankruptcy bill. We
wanted to serve notice that we will continue to monitor this situation,
and we are doing it in a balanced way that indicates our support for
the positive developments in Indonesia.
The Senator from Missouri complains that our resolution is mostly
negative with regard to things that happened in East Timor and with
regard to Indonesia. This resolution is not about Indonesia in general.
If the Senator wants to promote a resolution praising Indonesia and the
positive things that have happened in Indonesia in the last couple of
months, I may well join him. But this is about what happened in East
Timor.
The Senator apparently took a trip recently to Indonesia, but the
people who were on the floor to talk today--Senator Reed and Senator
Harkin--
[[Page S197]]
have actually been to East Timor. You can add to that a key person of
the Clinton administration he kept mentioning, our distinguished
Ambassador to the United Nations, Richard Holbrooke, who also went to
East Timor in late November and came back and told me and others that
the conditions and circumstances with regard to the refugees in West
Timor, many of whom want to get home to East Timor, are not good. He
has a long and distinguished record of seeing these kinds of situations
throughout the world in the over 30 or 40 years he has been in
diplomacy. He was deeply troubled by the fact the job was not done.
The people of East Timor and the people of East Timor who are in West
Timor and want to come home have not had their rights fully protected.
That is why we are trying to put pressure on the military in Indonesia.
That is not an unfriendly act to the Government of Indonesia. That is a
friendly act because that is the toughest challenge the President of
Indonesia has right now--making sure the military accepts democratic
rule of that country. We are in an effort to support democracy in
Indonesia, and it cannot go forward as the kind of democracy we support
unless this situation in East Timor is properly resolved. That is the
spirit of our amendment, and that is the spirit of our bill. I
appreciate the additional time.
Let me add, Senator Leahy is another who has done an enormous amount
on this issue of East Timor and can certainly tell you the job is not
done with regard to using our leverage and our ability to persuade and
make sure the people of East Timor have full independence and that the
people who want to return to East Timor have the opportunity to do
that.
Amendment No. 2667, Withdrawn
Mr. President, I withdraw the amendment.
The PRESIDING OFFICER. The amendment is withdrawn.
Mr. FEINGOLD. Mr. President, I yield the floor and suggest the
absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. LEAHY. Mr. President, I commend Senator Feingold, Senator Reed of
Rhode Island, and Senator Harkin for the leadership they have shown on
the East Timor issue. They have all been to East Timor and have
consistently spoken out in support of independence for East Timor and
human rights for its people.
Senator Feingold's resolution would end all U.S. military cooperation
with Indonesia on account of the Indonesian military's appalling abuses
in East Timor. This would send an unequivocal message, not only there
but throughout the world, that the United States will not resume any
relationship with the Indonesian military until it is thoroughly
reformed, and not only reformed, but the members who are responsible
for the abuses are punished.
Some of these abuses, well documented by independent news media and
eyewitness accounts, are so horrible they are reminiscent of the Dark
Ages.
I understand the resolution is going to be withdrawn on account of
the progress being made by the Indonesian Government in asserting
control of the military. However, Senator Feingold's determination to
keep the Senate's attention on this important issue is well worthwhile.
Last September we watched in horror as a systematic campaign of
terror and destruction waged in East Timor: Hundreds of innocent people
were killed, hundreds of thousands more were forcibly uprooted from
their homes, villages and towns were ransacked and family members were
killed in front of other family members. Even today, U.N. investigators
are unearthing what we are seeing too often in modern times: bodies in
mass graves.
In the past two days, an Indonesian Government commission and a
United Nations commission independently concluded that the Indonesian
military bears ultimate responsibility for the bloodbath, and must be
held accountable for its abuses in East Timor. This is an extremely
important and encouraging step.
Under tremendous pressure--tremendous pressure to turn a blind eye to
what happened in East Timor--and at great personal risk, Indonesian
investigators have done a commendable job in determining the extent of
the violence and identifying the individuals responsible, including not
only those who gave the orders but those who had the power to stop the
mayhem and instead simply stood by and let it happen.
There are sins of comission and there are sins of omission. If you
are a military officer with the power to stop something from
happening--an atrocity, a murder--and you stand by and allow it to go
on, in my mind you are as equally guilty as those who commit the act.
As the leader of Indonesia's new democratic government, President
Wahid has courageously voiced his willingness to confront the powerful
Indonesian military establishment. He has called for the prosecutions
of army leaders, including General Wiranto, former commander of the
Armed Forces, who, until recently, was lauded by officials of our own
Pentagon.
The United Nations commission called for the establishment of an
independent national tribunal to bring those responsible for the
violence in East Timor to justice. It is a proposal which the
Indonesian Government has rejected, insisting it is capable of
punishing the perpetrators itself.
While it is too early to say whether an Indonesian tribunal would
have sufficient resources or authority to conduct what are likely to be
long and expensive trials of military leaders, one thing is clear: now
is not the time for the United States to follow the European Union's
recent example of renewed military assistance or sales of military
equipment to Indonesia. With all due respect to our European friends,
sometimes I think they have a terribly short memory.
Indonesia is at a critical juncture in its transition to democracy.
The commission's findings will heighten the already tense relationship
between the Indonesian Government and the Indonesian military. As
pressure on the military increases, it is likely that rumors of a coup
will become louder and more threatening. I believe the United States
has to continue to show strong support for President Wahid and for an
end to the long history of impunity and immunity enjoyed by members of
the Indonesian military.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LEAHY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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