[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S734-S735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               UNITED STATES-INDONESIA MILITARY RELATIONS

  Mr. LEAHY. Mr. President, last week I listened to the comments of my 
friend, the senior Senator from Missouri, regarding the devastating 
impact of the tsunami in Aceh, Indonesia, which caused so much loss of 
life and destruction of property. Senator Bond paid tribute to the 
contributions of American relief agencies that have done so much to 
alleviate the suffering there, and I want to echo those comments.
  He also expressed concern about what he called ``unintended 
consequences'' of restrictions on our assistance to the Indonesian 
military, otherwise known as the TNI. Specifically, he referred to the 
International Military Education and Training Program, and spare parts 
for C-130 aircraft.
  I want to respond to that portion of Senator Bond's remarks, to be 
sure there is no misunderstanding about what our law says.
  To begin with, I want to disabuse those who might be misled by some 
Indonesian officials who often mistakenly refer to a U.S. military 
``embargo'' against Indonesia. I ask unanimous consent that a Defense 
Department document from our Embassy in Jakarta, which describes the 
many programs and other contacts we currently have with the TNI, be 
printed in the Record at the end of my remarks.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (See exhibit 1.)
  Mr. LEAHY. The fact is that the TNI participates in training programs 
under both the expanded International Military Education and Training, 
E-IMET, program and the Counterterrorism Fellowship Program, CTFP. This 
is the largest CTFP program currently underway anywhere in the world. 
Millions of dollars have been appropriated for these programs in recent 
years, including for the types of defense management, military justice, 
civil military relations, and other courses that

[[Page S735]]

the Senator from Missouri and I support. The TNI is participating in 
the E-IMET program which Congress has funded at the level requested by 
the Bush administration.
  Our law also does not prevent military exercises and other contacts 
with the U.S. military through officer visits, educational exchanges, 
and port visits. Perhaps the most visible evidence of this is the U.S. 
military working side by side with the TNI during the ongoing 
humanitarian relief operations in Aceh.
  With respect to training, U.S. law restricts only the full 
restoration of regular IMET assistance until the Indonesian Government 
and the TNI ``are cooperating'' with the FBI's investigation into the 
August 31, 2002, murders of two American citizens and one Indonesian 
citizen. By ``cooperating,'' we obviously mean not simply cooperating 
in limited ways, but fully cooperating. I am concerned with reports 
that the TNI may have conspired with the shooters in that case, and 
that the one Papuan individual who has been indicted, who is not a 
member of the TNI, remains at large even though his whereabouts are 
reportedly known to the TNI.
  With respect to equipment, our law does not restrict the sale of non-
lethal equipment to the TNI. Specifically, with regard to spare parts 
for the C-130's, there has been no change in U.S. law, although I am 
told that there may have been a relaxation of this administration's 
policy. Our law does not and never has prevented the sale of spare 
parts for these aircraft for humanitarian purposes. Over 4 years ago, 
when the TNI first requested to purchase C-130 spare parts for ``search 
and rescue'' missions, the U.S. Ambassador and I, as well as, I am 
told, the Secretary of Defense, informed the Indonesians that this was 
not prohibited by either U.S. law or policy and that they could 
purchase these parts from us. For reasons the Pentagon is aware of, the 
TNI decided to obtain them elsewhere.
  The only conditions on the sale of lethal equipment are that the 
Indonesian Government is prosecuting and punishing members of the TNI 
for gross violations of human rights, and that the TNI is (1) taking 
steps to counter international terrorism consistent with democratic 
principles and the rule of law; (2) cooperating with civilian judicial 
authorities and with international efforts to resolve cases of gross 
violations of human rights; and (3) implementing financial reforms to 
deter corruption.
  There are good reasons for these limited conditions. The United 
States has provided hundreds of millions of dollars in training and 
equipment to the Indonesian military since the 1950s. Despite the close 
relationship that developed between the U.S. military and the TNI over 
four decades, the TNI acquired a reputation for being notoriously 
abusive and corrupt. After the TNI murdered some 200 civilians in a 
cemetery in Dili, East Timor in 1992, our IMET assistance was cut off. 
Our relations with the TNI were further curtailed in 1999, after the 
independence referendum in East Timor when the TNI orchestrated 
widespread killings and the destruction of property. Although senior 
TNI officers have repeatedly vowed to support reform, they have done 
next to nothing to hold their members accountable for these heinous 
crimes. Instead, the TNI has consistently obstructed justice.
  I should note that these conditions do not apply to the Indonesian 
navy. Congress specifically exempted the navy because enhancing 
maritime security is a critical priority.
  There are also credible reports that after 9/11, the TNI provided 
support to radical Indonesian groups that have been involved in 
terrorism.
  Since 1999, restrictions on our relations with the TNI have been 
narrowed, and today, as I mentioned, we have a wide range of military-
to-military activities.
  I am disappointed that some Pentagon officials and my friend from 
Missouri, rather than acknowledging the extent of the United States-
Indonesia military relationship and urging the TNI to demonstrate that 
it is serious about reform by meeting these reasonable conditions, have 
expressed support for weakening our law.
  Indonesia's new President Yudhoyono is a career military officer. He 
has a reputation as a reformer, and I wish him well. I have always 
supported substantial economic assistance to Indonesia. In fact, 
Senator McConnell, the Chairman of the Foreign Operations Subcommittee, 
and I have worked to increase this assistance.
  Prior to President Yudhoyono's election, there were some important 
reforms which reduced the TNI's influence in politics. But a key gap 
remains regarding justice for the victims of atrocities, including 
crimes against humanity. This is the focus of our law, and it is as 
important to Indonesia and the TNI as it is for the United States. I 
believe that President Yudhoyono should agree and want the TNI to make 
these necessary reforms.
  I applaud the U.S. military and the TNI for working together to bring 
aid to tsunami victims in Aceh. But just as our policy should promote 
cooperation in humanitarian operations and in counterterrorism, so 
should it promote respect for human rights, accountability, and the 
rule of law. These are fundamental to the freedom and democracy that 
President Bush spoke of in his inaugural address. Our law, which was 
narrowly written to provide an incentive for reform while allowing 
military contacts to continue, strikes the right balance.

                               Exhibit 1


                              IMET/E-IMET

       (Allocated FY 04 $599,000; Requested for FY 05 $600,000.)
       The International Military Education and Training (IMET) 
     program continues to be restricted for Indonesia. However, 
     training is allowed with IMET funding for Expanded-IMET (E-
     IMET) courses for both military and civilians.
       E-IMET courses have included a wide-range of programs, 
     including seminars, in-country Mobile Education Teams, and 
     Masters Programs at Naval Postgraduate School. Topics have 
     included defense management, national security affairs, 
     defense restructuring, civ-mil relations, resource 
     management, military law, peacekeeping operations, and other 
     important topics.


              Counter-Terrorism Fellowship Program (CTFP)

       Largest CTFP Program in the world. (Allocated FY B04 
     $500,000; Supplemental $386,826; FY B05 Allocation $600,000.) 
     (Allocated B02 ``No Year'' funds in 2002: $3.7 million; 
     Current Remaining $702,000.)
       Note this Remaining B02 money is Programmed through FY 05 
     and FY 06.
       In the FY02 Defense Appropriations Act, the Regional 
     Defense Counter-Terrorism Fellowship Program was established 
     under section 8125.
       Both civilian and military officers participate in a wide 
     variety of courses and seminars under this program designed 
     to improve the professionalism and management skills of TNI. 
     CTFP training programs include intelligence cooperation, 
     national level decision-making, civil-mil cooperation in 
     combating terrorism, and maritime security, as well as 
     Indonesian attendance at US Staff Colleges, War Colleges, 
     National Defense University, and English language training 
     and materials.


                  Theater Security Cooperation Program

       (Funding provided from various sources per event.)
       Indonesian is an active participant in U.S. Pacific Command 
     TSCP activities, to include regional workshops and seminars 
     promoting cooperation on security issues, Counter-Terrorism 
     seminars and workshops, peacekeeping workshops, and Subject 
     Matter Expert Exchanges.
       Activities are limited to non-lethal, non-combat related 
     events.
       In close cooperation with both the ODC and the Defense 
     Attache Office, PACOM has developed a more robust TSCP 
     program over the next two years in order to broaden our 
     engagement with TNI and other agencies within GOI.
       Indonesian participation has increased from Zero events in 
     FY 00 to more than 85-events in FY 04, and more than 132 
     programmed in FY 05.


           Foreign Military Sales/Foreign Military Financing

       Foreign Military Sales (FMS): Remain frozen by USG policy. 
     There remain 38 active cases with an FMS balance of $ 3.5 
     mil.
       Foreign Military Financing (FMF) and other grant programs, 
     such as eligibility for Excess Defense Articles (EDA), remain 
     restricted by legislation.
       ($11.3 mil requested for FY 06; $6 million recommended by 
     interagency for FY 06; focus is maritime security and C-130 
     parts.)
       Direct Commercial Sales (DCS): USG policy has established 
     ``carve-outs'' for specific categories of defense hardware, 
     such as C-130 spare parts, non-lethal equipment, and ``safety 
     of use'' items for lethal end items (an example would be CAD/
     PADs, propellant cartridges for ejection seats on fighter 
     aircraft). ($928,709 released by DSCA from FMS funds 04 Jan 
     05 for Tsunami relief/repair of C-130s.)

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