30 September 1999
Text: Assistant Secretary Koh Sept. 30 Testimony on East Timor
(Resolution of humanitarian crisis must be top priority) (3880) Resolution of the situation in East Timor must be a top priority for the international community, including governments, non-governmental organizations (NGOs) and international organizations, according to Harold Hongju Koh, assistant secretary of state for democracy, human rights and labor. In September 30 remarks before the House International Relations Subcommittee on International Operations and Human Rights, Koh outlined several goals for the international community with respect to East Timor: -- The Government of Indonesia, and specifically the Indonesian military, must immediately disarm and disband the militias. -- Indonesian military support, organization, training, and direction of these "brutal forces" must cease. -- The human rights abuses of the militia personnel, police, and Indonesian military must be documented and the abusers brought to justice. -- The international community must support the Commission of Inquiry in its work, and support East Timor as it makes its transition to independence and Indonesia as it makes its transition to democracy. "The international community also must not stand idly by while militia fighters move into East Timor from West Timor to inflict yet more suffering on East Timorese civilians and to challenge INTERFET forces. We simply cannot let bullets undo what has been decided by ballots," Koh said. Koh also stressed the importance of supporting Indonesia's democratic transition as well as that of East Timor. "If the tragic events in East Timor seem all too familiar, it is because they grow out of nationwide problems that Indonesia has faced in its own transition to democracy last year," he said. Koh noted that the Indonesian people have begun to create civic institutions, including press associations and independent human rights organizations that "will provide the foundation for the growth and development of civil society." "We believe that living, growing, and vibrant democratic institutions offer the best hope for the people of Indonesia. A nation rich in diversity, Indonesia should not fear democracy, which can only help bind together its many peoples," he said. Koh said that the United States "fully supports the people of Indonesia at this pivotal moment in their country's history." "We are prepared to support the democratic transition in every way possible. But we are hindered from doing so as long as East and West Timor remain a human rights and humanitarian crisis," he said. Following is the text of Koh's testimony, as prepared for delivery: (begin text) TESTIMONY BY ASSISTANT SECRETARY OF STATE HAROLD HONGJU KOH BUREAU OF DEMOCRACY, HUMAN RIGHTS AND LABOR "THE HUMAN RIGHTS CRISIS IN EAST TIMOR" AT A HEARING ON THE HUMANITARIAN CRISIS IN EAST TIMOR BEFORE THE HOUSE INTERNATIONAL RELATIONS SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS September 30, 1999 Mr. Chairman and Members of the Committee, thank you for this invitation to testify today about the human rights and humanitarian emergency in East Timor. As Secretary Albright has said, "the continuing humanitarian crisis in East Timor and the growing tragedy of East Timorese refugees in West Timor are of acute concern. They demand our attention" and that of anyone in the world committed to democracy and human rights. Mr. Chairman, I thank you for holding this hearing at this critical moment, and I commend this Committee for its leadership role in the passage, Tuesday, of a House resolution that condemns the violence in East Timor, supports the United Nations Mission in East Timor (UNAMET), and recognizes that U.S. foreign policy will require both an effective short-term response to the humanitarian and human rights crisis and progress toward independence for East Timor. Mr. Chairman, East Timor has touched my life professionally and personally. Last November, less than one week after I was sworn in as Assistant Secretary for Democracy, Human Rights, and Labor, I traveled to Jakarta. On that visit, I met with government officials, labor and religious leaders, and human rights activists to discuss the immense challenges of curbing human rights abuses, promoting accountability, and bringing about a successful democratic transition in what is the fourth largest country in the world. This past March, I renewed that dialogue with special focus on the East Timor situation, when I accompanied Secretary Albright to Indonesia and met with President Habibie, Foreign Minister Alatas, Megawati Soekarnoputri, General Wiranto, Indonesian citizens committed to human rights and independence in East Timor, and East Timorese leader Xanana Gusmao, while he was still under house arrest. In recent weeks, I have met three times with Nobel Peace Prize Laureate Jose Ramos Horta and once with Xanana Gusmao, and spoken to numerous members of Congress, U.S. and U.N. officials, NGO workers, journalists, and concerned citizens who are dedicated to bringing this crisis to an end. Since the violence erupted in East Timor, I have worked closely with Secretary Albright and supported her intense commitment to bring about an end to the violence, hold those responsible accountable, and help East Timor make a successful transition to independence. During these past two weeks at the United Nations General Assembly in New York, many people from many nations have literally worked around the clock to address this crisis, and the Secretary has raised the issue in almost every meeting she has held with her counterparts. Just a few days ago, Secretary Albright and I met again with Xanana Gusmao and Nobel Laureate Jose Ramos Horta, both of whom will be joining us here shortly. I share the Secretary's deep respect for their commitment to East Timor and to reconciliation and democracy. I am particularly pleased to welcome Mr. Gusmao to Washington, for the first time as a free man making his first visit to our Nation's capital. I am especially pleased to appear here today with my courageous friend and colleague, Julia Taft, the Assistant Secretary for Population, Refugees, and Migration, who, as you know, has just returned from the region and has devoted countless hours toward addressing this problem -- and indeed has risked her own personal safety to do so. Both of us work closely with our Ambassador to Indonesia, Stapleton Roy, the incoming Ambassador Robert Gelbard, and the Assistant Secretary for East Asian and Pacific Affairs, Stanley Roth, who has followed developments closely, made repeated trips to the region, and has dedicated himself to finding a solution for East Timor that preserves human rights and democratic development throughout Indonesia. Although Mr. Roth could not be here today, Julia and I represent this Administration's unshakeable commitment to helping the people of East Timor in their quest to secure peace, establish democracy, and enjoy freedom. I am also pleased to announce that, as further demonstration of that commitment, Secretary Albright has asked me to travel to East and West Timor in the next few days. In a meeting last night, Secretary Albright secured agreement from Foreign Minister Alatas that I should visit the region to continue with the Administration's work and investigate the truth about what has happened. During this trip, I will be working in close coordination with incoming Ambassador Gelbard. Before turning to Julia, let me sketch the contours of the unfolding crisis, the international and U.S. Government response, and the immediate steps that need to be taken in the days and weeks ahead. I. THE UNFOLDING CRISIS Mr. Chairman and Members of the Committee, you are well aware of the human rights tragedy that has unfolded in East Timor in the wake of the UN-sponsored consultation of August 30, in which 78.5 percent of the population voted for independence. I need not repeat for you the story of how 99 percent of the East Timorese people, displaying great courage and determination, cast their ballots despite the violent intimidation tactics of pro-integrationist militias bent on disrupting the democratic process. Nor need I recount in detail the first painful days of rampage by these pro-integration militias, with the support of the Indonesian military and police, in forcing East Timorese people from their homes, torturing and killing them, and destroying their houses, while at the same time harassing, wounding, and in some cases killing humanitarian personnel, religious officials, and journalists. Let me briefly review what we know about the current overall situation in East and West Timor and the plight of the displaced East Timorese throughout Indonesia, while leaving the specifics to my colleague Julia Taft. Eyewitness reports from East Timor tell us that as of just a few days ago, the looting, burning, maiming, and killing was continuing. The U.S. Embassy in Jakarta has confirmed church and press reports that several days ago at least nine church officials and staff, accompanied by an Indonesian journalist, were killed while bringing emergency supplies to displaced East Timorese hiding in the countryside. Reportedly, these killings were committed by members of the Indonesian military. These deaths serve as a sad reminder that the countryside remains unsafe for the people who live there. Equally distressing, humanitarian workers and journalists continue to be at risk, as witnessed by the brutal killing of the Dutch journalist Sander Thoenes on September 21 and the more recent murder of the Indonesian journalist I have just described. If the situation in East Timor remains dire, the condition of those East Timorese stranded in West Timor is, in Secretary Albright's words, simply "appalling." As I speak, perhaps as many as 230,000 East Timorese -- possibly over a quarter of the East Timorese population -- have fled or been forced to flee to West Timor. Many are now housed makeshift camps where they are terrorized by marauding militias supported by the Indonesian military. The camps are poorly supplied with water, food supplies remain inadequate, and the militias move in and out of the camps at will, intimidating the people inside. Furthermore, there are indications that these militias are preparing to launch cross-border attacks into East Timor. Despite concerted pressure from the international community, we still have no evidence that the Indonesian government has disarmed or disbanded any of the militias, and while the government permitted Assistant Secretary Julia Taft and UN High Commissioner for Refugees Sadako Ogata to visit, the camps remain a danger zone for East Timorese and humanitarian personnel alike. Assistant Secretary Taft will describe in more detail how she personally witnessed a heavy militia presence within the camps. She reported to Secretary Albright that she observed collusion between the Indonesian military's links to the militia groups. In the words of Secretary Albright, "this collusion has created an extremely dangerous situation, that makes it impossible for international humanitarian organizations to operate safely and effectively in West Timor at this time." Moreover, while the Indonesian government has indicated that the East Timorese in the camps will be allowed to return home, we have no evidence yet that they have been permitted to do so. To the contrary, reports tell us that the Indonesian government is deporting these East Timorese to other parts of Indonesia. As Secretary Albright has made clear, "This is unacceptable and a clear violation of international standards of human rights." The current situation in East and West Timor raises three fundamental human rights and democracy concerns, which will be the focus of my Bureau's attention in the days ahead. First, we have seen pervasive violence. Pro-integrationist militias, with the support of the Indonesian military, have committed large-scale killings -- including reported mass murders of pro-independence activists both in East and West Timor -- torture, involuntary disappearances, rape and other sexual abuse, and the forced expulsion of possibly one quarter of the population. Only through investigations now beginning will we be able to determine just how many victims this crisis has claimed. Second, we have witnessed a deliberate campaign by the militias with their supporters in the Indonesian military to inhibit, prohibit, and abuse the fundamental human rights of the East Timorese people. Humanitarian observers and journalists have also been targets of this effort. In addition to the widespread acts of physical violence committed against the East Timorese, the militias, acting with the support of the Indonesian military, have engaged in the widespread destruction of property. They have blocked efforts to provide aid to those in need. And they have deliberately squelched efforts to report on the ongoing violence, by intimidating and attacking aid workers, UN observers, and journalists, forcing them to flee the country. Third, the militias and their allies in the military have acted not just to undercut human rights, but to subvert democracy as well. They have attempted first to interfere with and then overturn a freely and fairly undertaken referendum on the future of the territory. Militias, acting with the assistance of the Indonesian military, have targeted those who supported independence. They have attacked and harassed UN personnel. They have murdered clergy and journalists and sought to prevent the implementation of a clear UN mandate to which their own President had agreed. II. THE INTERNATIONAL AND UNITED STATES RESPONSE As you know, the international community has responded forcefully to these massive abuses, applying strong diplomatic pressure to secure the consent of the Indonesian government to allow the arrival of a multinational force, known as INTERFET, into East Timor to keep the peace. The Australians, who have led this force, along with the many other nations that have pledged to commit troops and resources -- deserve our recognition and support. We are providing logistical, airlift, communications, and intelligence support to INTERFET, as well as a civil affairs unit. We have also suspended our military-to-military cooperation, cut off all arms transfers, and are reviewing our assistance policy for Indonesia. The international community has also responded decisively on the human rights front. This past week, in response to a request by Portugal that we actively supported, the United Nations Commission on Human Rights convened a special session in Geneva. The Commission voted by a large margin -- 32 to 12 with 6 abstentions -- in favor of a resolution calling for an International Commission of Inquiry to gather the facts and establish the truth about these recent, terrible events. As you know, Mr. Chairman, the United States voted with the EU in support of that resolution, as did Canada and Norway, as well as most of the Latin American and African states. The resolution's key paragraph (approved by a separate vote of 27 to 13) made a formal call for the UN Secretary General: "to establish an international commission of inquiry ... to gather and compile systematically information on possible violations of human rights and ... breaches of international humanitarian law ... in East Timor since ... January 1999..., and to provide the Secretary General with its conclusions with a view to enabling him to make recommendations on future actions, and to make the report of the commission of inquiry available to the Security Council, the General Assembly, and the Commission on Human Rights." This paragraph calls for the Commission of Inquiry to include human rights experts from Asia and to work in cooperation with the Indonesian National Commission on Human Rights (known as KOMNAS HAM). These elements were added to the original EU draft in an effort to address concerns expressed by the Government of Indonesia and gain Indonesian support for the Commission of Inquiry. In the end, however, the Government of Indonesia was unwilling to accept the language that called for an international commission and opposed the final text. The United Nations Commission on Human Rights, to its credit, recognized that it had an important duty to move forward, and passed the resolution. The Commission of Inquiry created by the resolution marks an important first step in our efforts to shed light on what has happened in East Timor. III. NEXT STEPS To discuss next steps, during the past week and one-half, I met with many members of our own U.N. mission in New York, including Ambassador Richard Holbrooke and his able staff and numerous U.N. officials, including UN Under-Secretary General Sergio Viera de Mello, U.N. High Commissioner for Human Rights Mary Robinson, and UNAMET head Ian Martin. Everyone agrees that all concerned governments, NGOs and international organizations must work together to make the resolution of this human rights and humanitarian crisis a top priority. We must continue to demand that the Indonesian military stop supporting militias who are committing acts of violence and destruction in East Timor, cooperate with INTERFET, and withdraw completely from East Timor. We must also continue to make clear, as Secretary Albright has stated in no uncertain terms, that "what happens in West Timor and to East Timorese living elsewhere in Indonesia is as important to the United States policy as what happens in East Timor itself." Even as Indonesian civilian officials are searching for a workable solution to the humanitarian problem of feeding and housing the hundreds of thousands of refugees, the militias' continuing pattern of harassment and intimidation demonstrates that much more needs to be done. Specifically, we must continue to insist, as the Secretary has urged, that the Indonesian government "ensure that all displaced persons wishing to return to East Timor are able to do so." In addition, the Indonesian government must allow humanitarian and human rights groups into the camps, and guarantee their safety and the safety of the East Timorese there. The Indonesian government must disband and disarm the militias. And there must be no transborder attacks into East Timor or interference with humanitarian and human rights operations there. To support these demands, in the wake of the violence that erupted after the elections, we suspended our military cooperation with Indonesia and initiated an ongoing review of our entire aid package. As we continue this review, we will, in the words of Secretary Albright, "take into account all relevant factors, including whether a secure environment has been created in the West Timor camps, whether necessary services are being provided, whether East Timorese who desire to return home are allowed to do so, and whether Indonesia's military is preventing the militias in West Timor from carrying out attacks in East Timor." We must also work to facilitate the establishment of the Commission of Inquiry that the United Nations Human Rights Commission voted to create and ensure that its work begins quickly. We are concerned by reports that the Indonesian government has reconsidered its decision to cooperate with the Commission of Inquiry. We strongly urge the government to revisit this decision. We have begun the process of identifying ways we can help United Nations Secretary-General Kofi Annan and United Nations High Commissioner for Human Rights Mary Robinson in their efforts to form the Commission of Inquiry. I met with High Commissioner Robinson two nights ago in New York, to discuss her initiative in bringing this critical human rights situation to the formal attention of the United Nations, and to encourage the UN to maintain the momentum. Among the many items we discussed were: -- The need for Secretary General Kofi Annan to appoint promptly the members of the Commission of Inquiry. -- The need for the Commission to receive from the UN the full financial, logistical and human resources necessary to carry out its mission in a timely manner. -- Ways to work with the Government of Indonesia and the authorities in East Timor to provide immediate, open access for the Commission of Inquiry -- and the various Special Rapporteurs and other mechanisms of the Commission on Human Rights -- to visit their territory and meet with all appropriate persons without hindrance. -- Our mutual goal of ensuring that NGO observers be dispatched to the region immediately, that the Commission prepare an interim report as soon as possible to be submitted promptly to the Secretary General, the Security Council, and the public, so that additional measures may be taken as necessary, and that the Commission compile a more studied report on its findings for consideration by the U.N. Commission on Human Rights at its next session in Geneva on March, 2000. Mr. Chairman, let me stress that we do not seek a rush to judgment about who is ultimately responsible. There have been grave losses of life in East Timor, disturbing reports of human rights violations and other crimes by the Indonesian military or persons affiliated with them, and almost certainly serious breaches of international humanitarian law. We remain tremendously concerned about the plight of the East Timorese people. But we need to document events fully and completely. That is the purpose of my upcoming trip. And that is the purpose of the Commission of Inquiry: to assemble the information that will enable the international community to decide what further action needs to be taken. I am also pleased to announce that we are providing an additional $5.1 in assistance to East Timor. This funding comes from my colleague Assistant Secretary of State Julia Taft's bureau at the State Department, the Bureau of Population, Refugees, and Migration. Julia will describe our assistance in more detail. Finally, in promoting a democratic transition in East Timor, we must not overlook the critical need to support a democratic transition in Indonesia. If the tragic events in East Timor seem all too familiar, it is because they grow out of nationwide problems that Indonesia has faced in its own transition to democracy last year. The Indonesian people have shown genuine enthusiasm for the democratic process and have begun to create civic institutions, including press associations and independent human rights organizations that will provide the foundation for the growth and development of civil society. We believe that living, growing, and vibrant democratic institutions offer the best hope for the people of Indonesia. A nation rich in diversity, Indonesia should not fear democracy, which can only help bind together its many peoples. The United States fully supports the people of Indonesia at this pivotal moment in their country's history. We are prepared to support the democratic transition in every way possible. But we are hindered from doing so as long as East and West Timor remain a human rights and humanitarian crisis. The goals that the United States and the rest of the international community must work toward are clear. The Government of Indonesia, and specifically the Indonesian military, must immediately disarm and disband the militias. Indonesian military support, organization, training, and direction of these brutal forces must cease. The human rights abuses of the militia personnel, police, and Indonesian military must be documented and the abusers brought to justice. We must support the Commission of Inquiry in its work, and support East Timor as it makes its transition to independence and Indonesia as it makes its transition to democracy. The international community also must not stand idly by while militia fighters move into East Timor from West Timor to inflict yet more suffering on East Timorese civilians and to challenge INTERFET forces. We simply cannot let bullets undo what has been decided by ballots. Mr. Chairman, we appreciate the strong and constructive interest shown by Members of Congress -- and by you in particular -- throughout this humanitarian and human rights crisis. We have a tremendous opportunity to help at this historic moment, and we must work together to meet these considerable challenges. Thank you. I now stand ready to answer any questions you may have. (end text)
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