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'Military financing for Indonesia unwarranted'

Amnesty International (US Section) - September 16, 2004

The Honorable Colin L. Powell
Secretary of State
US State Department
Washington, DC 20520

Dear Mr. Secretary,

I am writing to express Amnesty International's concern over reported plans by the Department of State to furnish foreign military financing (FMF) to Indonesia in the Administration's FY06 budget request. Amnesty International strongly opposes any consideration of FMF for Indonesia at this juncture. We equally oppose the potential release of International Military Education and Training (IMET) funds for Indonesia in FY04.

Amnesty International's position is that government's should ban the transfer of arms to Indonesia while the Indonesian military continue to commit gross violations of human rights. In view of the extensive and persistent violations of fundamental rights by the Indonesian security forces, including the military, any international training or technical support given to the Indonesian security forces should exclude operational training until the serious lack of adequate systems of accountability is addressed.

Opposition to FMF for Indonesia, broadly shared in Congress, is based on the Indonesian military's (TNI) continuing record of human rights violations and the lack of effective accountability mechanisms. Your own Department of State Country Reports on Human Rights Practices reveals that the TNI is responsible for many serious human rights violations.

Congress has restricted FMF for Indonesia since FY 2000, conditioning its provision on accountability and justice for the military's gross human rights violations.

Amnesty International does not believe that these conditions have been met.

Indonesia's own judicial process has proved to be a failure and Indonesia has refused to cooperate with the serious crimes process in Timor-Leste, including by transferring to Timor-Leste for trial some 280 suspects indicted there.

In August 2004, the convictions of four Indonesian military and police officers were overturned on appeal. They were found guilty of involvement in committing crimes against humanity in Timor-Leste in 1999, were overturned on appeal. The State Department noted that it was "profoundly disappointed with the performance and record of the Indonesian ad hoc tribunal," the special institution that was created in the wake of the murder of more than 1,400 East Timorese and other grave violations of human rights by Indonesian security forces and pro-Indonesian militia which they had set up and supported. Another ad hoc Human Rights Court, formed to bring to trials individuals responsible for the killing of Muslim protesters at Tanjung Priok in Jakarta, also recently failed to hold to account senior military officials. Amnesty International believes that the failure to deliver justice in these two high profile cases has further entrenched impunity in Indonesia.

Amnesty International has documented numerous cases of grave human rights violations in the province of Nanggroe Aceh Darussalam (NAD) since the declaration of a military emergency there in May 2003. Amnesty International has collected detailed evidence of unlawful killings of civilians; torture, including rape and other crimes of sexual violence, arbitrary detention and unfair trials. Although the military emergency was downgraded to a civil emergency in May 2004, military operations are continuing and human rights violations continue to be reported. Human rights and humanitarian organizations, journalists and others continue to face severe restrictions in gaining access to and carrying out their work in NAD.

Congress has also conditioned FMF for Indonesia on transparency in the military's budget. In the report accompanying the Senate Foreign Operations Appropriations for FY03, the Appropriations Committee stated that they were "...concerned about the Indonesian military's continued involvement in illegal business practices and other activities, including prostitution, contraband smuggling, and illegal logging which threatens Indonesia's unique ecosystems."

Mr. Secretary, Amnesty International feels that the provision of FMF for Indonesia in FY06 would exacerbate ongoing violations and corruption by rewarding such behavior. Releasing IMET funds for Indonesia in FY04 is also unwarranted.

We thank you for your consideration of this important matter and look forward to your response.

Sincerely,

Alexandra Arriaga
Director of Government Relations