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Key senators criticize waiver allowing US weapons exports to Indonesia

East Timor and Indonesia Action Network Information Release - May 4, 2006

Two key US Senators recently criticized the Bush Administration's "premature" use of a waiver to allow weapons exports to Indonesia.

Senators Russ Feingold (D-WI) and Patrick Leahy (D-VT) expressed concern "that this waiver, unattached to any clear strategy or specific benchmarks, sends the wrong message to the Indonesian Government and to other countries."

In a letter to Secretary of State Condoleezza Rice and Secretary of Defense Donald Rumsfeld, the Senators wrote that "The Administration needs to make clear to the Indonesian Government that the United States will continue to insist that it bring to justice those who have committed crimes against humanity, and reform its military to become professional, transparent, and grounded in the rule of law."

They urged Rice and Rumsfeld to report to Congress on Indonesia's progress on military reform and in prosecuting those responsible for human rights violations in East Timor and elsewhere.

The Senators requested a comprehensive strategy which links military assistance to accountability and military reform. "This strategy should contain clear consequences should the Indonesian Government not make significant progress."

"The Bush Administration's imprudent rush to expand assistance to the Indonesian military is alarming and short-sighted," said Karen Orenstein, National Coordinator of the East Timor and Indonesia Action Network. "We urge other members of Congress to work with Senators Feingold and Leahy to establish a forward-looking policy which promotes genuine accountability for human rights crimes and real reform of Indonesia's corrupt military."

Senator Leahy, ranking member of the Foreign Operations Appropriations Subcommittee, authored the restrictions on certain forms of military assistance, which the administration waived last November only two days after President Bush signed them into law.

Senator Feingold, a member of the Foreign Relations and Intelligence Committees, recently visited Indonesia. Both Senators have been consistent voices supporting human rights and reform in Indonesia.

A copy of the letter is below.

For more information see http://www.etan.org.

April 25, 2006

The Honorable Condoleezza Rice
Secretary of State
US Department of State
2201 C Street
NW Washington, DC 20520

The Honorable Donald Rumsfeld
Secretary of Defense
US Department of Defense
1000 Defense Pentagon
Washington, DC 20301

Dear Secretary Rice and Secretary Rumsfeld:

We are writing to express our disappointment and concern with your decision to use the waiver authority contained in section 599F(b) of the fiscal year 2006 Foreign Operations, Export Financing, and Related Programs Appropriations Act (P.L. 109-102).

We recognize that as the world's largest Muslim country Indonesia is a critical partner in combating terrorism, and that it is in our strategic interest to try to work with Indonesia on a range of issues. However, we believe it is critical that Indonesia bring to justice those who have committed crimes against humanity and other violations of human rights, and make further progress in reforming its military.

When your staff briefed our offices on your decision to exercise the waiver, we were told that you share our goals but believe that you can achieve them by different means. However, we are concerned that this waiver, unattached to any clear strategy or specific benchmarks, sends the wrong message to the Indonesian Government and to other countries. We ask that you take specific actions to ensure that any Foreign Military Financing (FMF) assistance or exports of defense articles are provided to the Indonesian Government only within a framework that states clearly what the US government expects of the Indonesians, as well as what the consequences would be of the Indonesian Government's failure to effectively address the issues contained in section 599F(a) of P.L. 109-102. While it is our belief that your exercise of this waiver was premature, it is essential that assistance be provided only under controlled and accountable circumstances. Accordingly, we urge you to:

• Provide a report to the Congress on the status of Indonesia's progress in the areas outlined in section 599F(a), and the actions that the Departments of State and Defense are taking to encourage the Indonesian Government to make such progress.
• Develop a comprehensive strategy that includes specific benchmarks that the United States will use to measure progress in the three areas outlined in section 599F(a), and which explains how military assistance is linked to accountability and military reform. This strategy should contain clear consequences should the Indonesian Government not make significant progress. It should also specify how the Departments of State and Defense will respond to future human rights violations by the Indonesian military, and what action will be taken should no significant progress be made on accountability and military reform.
• Provide a report describing specific actions -- excluding FMF, IMET or defense exports -- that the Department of State is making to encourage the Indonesian Government to address past crimes against humanity and other human rights violations, and to make further progress in reforming its military.

But the country has yet to come to terms with its past and has not yet fully adopted the principles and values that form the foundation of legitimate democracies. The Administration needs to make clear to the Indonesian Government that the United States will continue to insist that it bring to justice those who have committed crimes against humanity, and reform its military to become professional, transparent, and grounded in the rule of law. We feel that this message can only be delivered effectively if our government establishes a clear strategy and specific benchmarks that are linked to new assistance.

Thank you for your consideration.

Sincerely,

• Russell D. Feingold United States Senator
• Patrick J. Leahy United States Senator
• CC: Admiral Fallon, Pacific Command

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