HR 2601 Section 1115: Difference between revisions
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In 2005 the US Congress revised the previous US policy of silence about human rights abuses in Indonesia and on 28th July 2008 passed the US Congress 2006 Foreign Relations Authorization Bill H.R. 2601 which made specific mention of the ongoing genocide and legitimacy of its sovereignty of West Papua. Section 1115 was specific section referring to Indonesia and on 30th July 2005 the 'Jakarta Post' reported: |
In 2005 the US Congress revised the previous fifty six year US policy of silence about human rights abuses in Indonesia and on 28th July 2008 passed the US Congress 2006 Foreign Relations Authorization Bill H.R. 2601 which made specific mention of the ongoing genocide and legitimacy of its sovereignty of West Papua. Section 1115 was specific section referring to Indonesia and on 30th July 2005 the 'Jakarta Post' reported: |
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"President Susilo Bambang Yudhoyono warned the U.S. not to interfere in |
"President Susilo Bambang Yudhoyono warned the U.S. not to interfere in |
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Indonesia's domestic affairs after the U.S. House of Representatives recently approved a bill that questions the status of Papua." |
Indonesia's domestic affairs after the U.S. House of Representatives recently approved a bill that questions the status of Papua." |
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Although not mention in the US media, Section 1115 had become a leading Indonesian news story through August and September 2005. In the United States the US Senate had since early 2001 been rejecting repeated efforts by the Bush administration to have US funding of the Indonesian military resumed, a ban which had been relucantly imposed by the Clinton administration after TNI officers were filmed coordinating the [[Timor-Leste Scorched Earth|Dili Scorched Earth]] campaign. Section 1115 by joining the Senate earlier efforts to reduce if not disengauge from the fiscal and political support of the [[Military of Indonesia|Indonesian military]] mark a signifcant change by also opposing the Whitehouse on this issue. Though Section 1115 states humanitarian and legal reasons for its existence, security concerns due to ongoing employment of Al Qaeda related terrorist militia by the [[Military of Indonesia|Indonesian military]] and their continued funding programs for the Al Qaeda network. |
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Athough the Whitehouse had managed to keep this international conflict from the US media, the Congress Bill marked the first time in four and a half years that the US Congress joined the US Senate in its rejection of the Bush administration campaign to resume US Aid and support of the Indonesian military (TNI). |
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Following President SBY's |
Following President SBY's denouncement of Section 1115 and , the Indonesian lobby groups such as the US Indonesia Society ( usindo.org ) began renew efforts to promote a Indonesian image of good management and renewed non-militant behaviour under General Susilo Bambang Yudhoyono's administration. SBY follows the administration of Megawati who in 2001 gave a public speech to the TNI instructing all members that they should disregard the issues of human rights in enforcing Indonesian unity and repressing any independence movements. |
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==External link== |
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Text of Section 1115. |
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[[http://en.wikisource.org/wiki/HR_2601_Section_1115|Text of Section 1115]] |
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SEC. 1115. DEVELOPMENTS IN AND POLICY TOWARD INDONESIA. |
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(a) Statement of Congress Relating to Recent Developments, Human Rights, |
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and Reform- Congress-- |
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(1) recognizes the remarkable progress in democratization and |
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decentralization made by Indonesia in recent years and commends the people |
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of Indonesia on the pace and scale of those continuing reforms; |
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(2) reaffirms-- |
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(A) its deep condolences to the people of Indonesia for the profound losses |
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inflicted by the December 26, 2004, earthquake and tsunami; and |
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(B) its commitment to generous United States support for relief and long |
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term reconstruction efforts in affected areas; |
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(3) expresses its hope that in the aftermath of the tsunami tragedy the |
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Government of Indonesia and other parties will succeed in reaching and |
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implementing a peaceful, negotiated settlement of the long-standing |
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conflict in Aceh; |
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(4) commends the Government of Indonesia for allowing broad international |
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access to Aceh after the December 2004 tsunami, and urges that |
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international nongovernmental organizations and media be allowed unfettered |
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access throughout Indonesia, including in Papua and Aceh; |
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(5) notes with grave concern that-- |
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(A) reform of the Indonesian security forces has not kept pace with |
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democratic political reform, and that the Indonesian military is subject to |
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inadequate civilian control and oversight, lacks budgetary transparency, |
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and continues to emphasize an internal security role within Indonesia; |
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(B) members of the Indonesian security forces continue to commit many |
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serious human rights violations, including killings, torture, rape, and |
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arbitrary detention, particularly in areas of communal and separatist |
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conflict; and |
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(C) the Government of Indonesia largely fails to hold soldiers and police |
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accountable for extrajudicial killings and other serious human rights |
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abuses, both past and present, including atrocities committed in East Timor |
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prior to its independence from Indonesia; |
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(6) condemns the intimidation and harassment of human rights and civil |
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society organizations by members of the Indonesian security forces and |
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military-backed militia groups, and urges a complete investigation of the |
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fatal poisoning of prominent human rights activist Munir in September 2004; and |
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(7) urges the Government of Indonesia and the Indonesian military to |
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continue to provide full, active, and unfettered cooperation to the Federal |
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Bureau of Investigation of the Department of Justice in its investigation |
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of the August 31, 2002, attack near Timika, Papua, which killed three |
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people (including two Americans, Rick Spier and Ted Burgon) and injured 12 |
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others, and to pursue the indictment, apprehension, and prosecution of all |
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parties responsible for that attack. |
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(b) Findings Relating to Papua- Congress finds the following: |
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(1) Papua, a resource-rich province whose indigenous inhabitants are |
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predominantly Melanesian, was formerly a colony of the Netherlands. |
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(2) While Indonesia has claimed Papua as part of its territory since its |
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independence in the late 1940s, Papua remained under Dutch administrative |
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control until 1962. |
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(3) On August 15, 1962, Indonesia and the Netherlands signed an agreement |
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at the United Nations in New York (commonly referred to as the `New York |
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Agreement') which transferred administration of Papua first to a United |
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Nations Temporary Executive Authority (UNTEA), and then to Indonesia in |
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1963, pending an `act of free choice . . . to permit the inhabitants to |
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decide whether they wish to remain with Indonesia'. |
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(4) In the New York Agreement, Indonesia formally recognized `the |
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eligibility of all adults [in Papua] . . . to participate in [an] act of |
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self-determination to be carried out in accordance with international |
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practice', and pledged `to give the people of the territory the opportunity |
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to exercise freedom of choice . . . before the end of 1969'. |
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(5) In July and August 1969, Indonesia conducted an `Act of Free Choice', |
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in which 1,025 selected Papuan elders voted unanimously to join Indonesia, |
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in circumstances that were subject to both overt and covert forms of |
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manipulation. |
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(6) In the intervening years, indigenous Papuans have suffered extensive |
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human rights abuses, natural resource exploitation, environmental |
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degradation, and commercial dominance by immigrant communities, and some |
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individuals and groups estimate that more than 100,000 Papuans have been |
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killed during Indonesian rule, primarily during the Sukarno and Suharto |
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administrations. |
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(7) While the United States supports the territorial integrity of |
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Indonesia, Indonesia's historical reliance on force for the maintenance of |
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control has been counterproductive, and long-standing abuses by security |
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forces have galvanized independence sentiments among many Papuans. |
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(8) While the Indonesian parliament passed a Special Autonomy Law for Papua |
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in October 2001 that was intended to allocate greater revenue and decision |
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making authority to the Papuan provincial government, the promise of |
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special autonomy has not been effectively realized and has been undermined |
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in its implementation, such as by conflicting legal directives further |
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subdividing the province in apparent contravention of the law and without |
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the consent of appropriate provincial authorities. |
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(9) Rather than demilitarizing its approach, Indonesia has reportedly sent |
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thousands of additional troops to Papua, and military operations in the |
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central highlands since the fall of 2004 have displaced thousands of |
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civilians into very vulnerable circumstances, contributing further to |
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mistrust of the central government by many indigenous Papuans. |
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(10) According to the 2004 Annual Country Report on Human Rights Practices |
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of the Department of State, in Indonesia `security force members murdered, |
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tortured, raped, beat, and arbitrarily detained civilians and members of |
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separatist movements' and `police frequently and arbitrarily detained |
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persons without warrants, charges, or court proceedings' in Papua. |
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(c) Reporting Requirements- |
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(1) REPORT ON SPECIAL AUTONOMY- Not later than 180 days after the date of |
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the enactment of this Act and one year thereafter, the Secretary of State |
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shall submit to the appropriate congressional committees a report detailing |
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implementation of special autonomy for Papua and Aceh. Such reports shall |
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include-- |
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(A) an assessment of the extent to which each province has enjoyed an |
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increase in revenue allocations and decision making authority; |
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(B) a description of access by international press and non-governmental |
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organizations to each province; |
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(C) an assessment of the role played by local civil society in governance |
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and decision making; |
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(D) a description of force levels and conduct of Indonesian security forces |
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in each province; and |
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(E) a description of United States efforts to promote respect for human |
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rights in each province. |
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(2) REPORT ON THE 1969 ACT OF FREE CHOICE- Not later than 180 days after |
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the date of the enactment of this Act, the Secretary of State shall submit |
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to the appropriate congressional committees a report analyzing the 1969 Act |
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of Free Choice. |
Revision as of 11:31, 16 September 2005
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In 2005 the US Congress revised the previous fifty six year US policy of silence about human rights abuses in Indonesia and on 28th July 2008 passed the US Congress 2006 Foreign Relations Authorization Bill H.R. 2601 which made specific mention of the ongoing genocide and legitimacy of its sovereignty of West Papua. Section 1115 was specific section referring to Indonesia and on 30th July 2005 the 'Jakarta Post' reported: "President Susilo Bambang Yudhoyono warned the U.S. not to interfere in Indonesia's domestic affairs after the U.S. House of Representatives recently approved a bill that questions the status of Papua."
Although not mention in the US media, Section 1115 had become a leading Indonesian news story through August and September 2005. In the United States the US Senate had since early 2001 been rejecting repeated efforts by the Bush administration to have US funding of the Indonesian military resumed, a ban which had been relucantly imposed by the Clinton administration after TNI officers were filmed coordinating the Dili Scorched Earth campaign. Section 1115 by joining the Senate earlier efforts to reduce if not disengauge from the fiscal and political support of the Indonesian military mark a signifcant change by also opposing the Whitehouse on this issue. Though Section 1115 states humanitarian and legal reasons for its existence, security concerns due to ongoing employment of Al Qaeda related terrorist militia by the Indonesian military and their continued funding programs for the Al Qaeda network.
Following President SBY's denouncement of Section 1115 and , the Indonesian lobby groups such as the US Indonesia Society ( usindo.org ) began renew efforts to promote a Indonesian image of good management and renewed non-militant behaviour under General Susilo Bambang Yudhoyono's administration. SBY follows the administration of Megawati who in 2001 gave a public speech to the TNI instructing all members that they should disregard the issues of human rights in enforcing Indonesian unity and repressing any independence movements.