[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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