[Congressional Record (Bound Edition), Volume 151 (2005), Part 22]
[Extensions of Remarks]
[Page 30947]
[From the U.S. Government Publishing Office, www.gpo.gov]


WAIVING THE CONDITIONALITY PERTAINING TO FOREIGN MILITARY FINANCING FOR 
                               INDONESIA

                                 ______
                                 

                        HON. PATRICK J. KENNEDY

                            of rhode island

                    in the house of representatives

                      Thursday, December 29, 2005

  Mr. KENNEDY of Rhode Island. Mr. Speaker, this past weekend the House 
of Representatives voted to congratulate the Government of Indonesia 
and the Free Aceh Movement for their willingness to compromise to end 
the conflict in Aceh. Indeed, I join with my colleagues in marking this 
important milestone towards peace.
  However, at the same time, I must rise to express my grave concerns 
about the recent Administration decision to waive conditionality 
pertaining to Foreign Military Financing for Indonesia (FMF). While 
Indonesia has made great strides in democratization in recent years, it 
is unfortunate that the Indonesia military (TNI) continues to tarnish 
that progress.
  As my colleagues know, the Fiscal Year 2006 Foreign Operations, 
Export Financing, and Related Programs Appropriations Act that was 
signed into law on November 14 included certain restrictions upon FMF 
for Indonesia. The legislation required that the Indonesian Government 
hold members of their military accountable for gross violations of 
human rights. Congress held FMF contingent upon the Indonesian 
military's cooperation with civilian judicial activities and 
international efforts aimed at bringing perpetrators to justice. 
Furthermore, Congress demonstrated its support for strengthening 
democratic governance in Indonesia, and required that improved civilian 
control of the military be demonstrated before FMF could be provided.
  Those conditions have not yet been met. However, only two days after 
the Foreign Operations Appropriation bill was signed into law, and 
despite the clearly expressed will of Congress on this issue, the 
Administration unilaterally decided to exercise waiver authority that 
it was granted in good faith.
  The evidence does not support this waiver. At least 15 human rights 
defenders, including Indonesia's foremost human rights advocate Munir, 
have been murdered since 2000. No perpetrator has been brought to 
justice for these crimes. No senior Indonesian officer has been held 
accountable for crimes against humanity in East Timor in 1999 or 
before. Today, in West Papua, reports continue to come in of the TNI 
terrorizing the people of West Papua, even as the military restricts 
access to the area.
  I am deeply disappointed by this action taken by the Administration. 
It removes the U.S.'s leverage to press for human rights improvement. 
It undermines our credibility with those who have suffered and seek 
justice. And it threatens the democratic advances that have been made 
by the Indonesian people.
  I strongly urge the Administration to retract this decision.

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