05 May 2000
Text: East Timor Repatriation and Security Act of 2000
(Stops cooperation with Indonesian military until attacks end) (1300) Representatives James McGovern (Democrat of Massachusetts) and Chris Smith (Republican of New Jersey) introduced May 3 H.R. 4357, a bill that would forbid U.S. military cooperation with the Indonesian military while East Timorese continue to be hindered from returning to their homeland and until "military attacks against East Timor are ended." McGovern and Smith had introduced similar legislation in April also entitled the East Timor Repatriation and Security Act of 2000. The bipartisan effort would require the U.S. President to certify to Congress that Indonesia's government and armed forces have provided for the security and safe return of refugees and "brought to justice those individuals who have committed murder, rape, torture, and other crimes against humanity in East Timor and elsewhere," before military relations and assistance to Indonesia could resume. Following is an excerpt from the Congressional Record and the text of the proposed legislation: (begin Congressional Record excerpt) EAST TIMOR REPATRIATION AND SECURITY ACT (House of Representatives - May 03, 2000) Mr. McGOVERN. Mr. Speaker, today I am proud to join with my colleague, the gentleman from New Jersey (Mr. Smith), to introduce H.R. 4357, the East Timor Repatriation Security Act. The crisis in East Timor continues, and the Congress needs to respond. Some 100,000 refugees remained trapped in squalid and threatening conditions inside West Timor. The overwhelming majority of these refugees want to return to their home in East Timor, but they cannot because the camps are under the control of the militias. The militias and elements of the Indonesian Army continue cross-border attacks into East Timor. Reconstruction continues to be a slow and laborious task. Our bill maintains Congressional restrictions and the President's suspension on military cooperation with the Indonesian Armed Forces until the refugees are safely repatriated and military attacks against East Timor are ended. It calls upon the President to help the safe repatriation of the refugees and to help rebuild East Timor, and it salutes the members of the United States Armed Forces who have participated in the peacekeeping operation in East Timor. Mr. Speaker, I urge my colleagues to cosponsor the McGovern-Smith bill on East Timor. (end excerpt) (begin text of H.R. 4357) IN THE HOUSE OF REPRESENTATIVES Mr. McGovern (for himself, Mr. Smith of New Jersey, Mr. Kennedy of Rhode Island, Mr. Weygand, and Ms. Pelosi) introduced the following bill; which was referred to the Committee on May 3, 2000 A BILL To continue the current prohibition of military relations with and assistance for the armed forces of the Republic of Indonesia until the President determines and certifies to the Congress that certain conditions With respect to East Timor are being met. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "East Timor Repatriation and Security Act of 2000". SEC. 2. FINDINGS. The Congress finds the following: (1) More than 100,000 East Timorese refugees remain in West Timor, where they fled or were forcibly driven by militia and members of the armed forces of the Republic of Indonesia following the United Nations sponsored popular consultation of August 30, 1999, in which 78.5 percent of East Timor's population voted for independence from Indonesia. (2) Most of the East Timorese refugees in West Timor would like to return to East Timor but have been prevented from doing so by militia forces operating with the cooperation of Indonesian army elements. (3) Hundreds of the refugees in West Timor have died from preventable illnesses while many thousands continue to live in a state of danger, uncertainty and severe threats, including that of forced resettlement to other areas of Indonesia. (4) Elements of the Indonesian army have attempted to infiltrate armed militia members into East Timor, and reportedly have planned a militia invasion of East Timor. (5) Border attacks by militia groups remain a threat to peace and stability in the region and to international peacekeeping forces. (6) Much of East Timor's infrastructure was destroyed in the violence of 1999 and remains to be rebuilt. (7) An estimated 200,000 of East Timor's original estimated population of 700,000 perished from the combined effects of Indonesia's occupation of East Timor before the violence of 1999. (8) Thousands of East Timorese were killed in violence perpetrated by Indonesian army elements and militia in 1999. (9) The prospects for justice for the victims of the violence in East Timor remain unclear. (10) An estimated 80 percent of East Timor's population remains unemployed and East Timor's Nobel Prize winning Catholic Bishop, Carlos Ximenes Belo, has made a plea on their behalf. (11) United States funds have been committed to efforts by the United Nations and the efforts of others to rebuild East Timor. (12) Communications and logistical units of the United States Armed Forces have formed part of the international peacekeeping forces that entered East Timor in 1999. (13) The reform government of Indonesia, led by President Abdurrahman Wahid and Vice President Megawati Sukarnoputri, has made good faith commitments to end Indonesian military support for militias and to establish a fair and transparent mechanism to bring to justice the perpetrators of gross human rights violations in East Timor and elsewhere, but the efforts of the elected leadership of Indonesia have thus far been resisted, and in some cases actively disobeyed, by elements in the military and in the bureaucracy. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that the United States Government should utilize all diplomatic and economic means to press for -- (1) the safe repatriation to East Timor of all East Timorese in West Timor and elsewhere who wish to return to East Timor; (2) an end to border incidents and infiltration of militias and an end to any other violent actions by militias and the armed forces of the Republic of Indonesia against the people or territory of East Timor; (3) processes and prosecutions leading to justice for the victims of the 1999 violence in East Timor; (4) rapid reconstruction of East Timor, including maximum consultation with and inclusion of local personnel; and (5) a significant increase in employment for East Timorese in all internationally-sponsored reconstruction and United Nations efforts relating to East Timor. SEC. 4. PROHIBITION ON MILITARY RELATIONS AND ASSISTANCE TO THE ARMED FORCES OF INDONESIA. a) PROHIBITION. -- Notwithstanding any other provision of law (other than section 589 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2000), United States military relations with, and military assistance for, the armed forces of the Republic of Indonesia suspended by the President pursuant to the directive of the President issued on September 9, 1999, may not be resumed until the President determines and certifies to the Congress that the Government of Indonesia and the armed forces of Indonesia provide for the territorial integrity of East Timor, the security and safe return of refugees, and have brought to justice those individuals who have committed murder, rape, torture, and other crimes against humanity in East Timor and elsewhere. (b) DEFINITION. -- In this section, the term "crimes against humanity" includes crimes of genocide, torture, forced disappearance, extrajudicial killing, and rape, if committed as part of a widespread or systematic attack against the civilian population. SEC. 5. RECOGNITION OF UNITED STATES ARMED FORCES ASSISTING THE INTERNATIONAL PEACEKEEPING OPERATION IN EAST TIMOR. The Congress recognizes and salutes those members of the United States Armed Forces who have assisted the international peacekeeping operation in East Timor. (end text of H.R. 4357) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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