[Congressional Record Volume 163, Number 159 (Wednesday, October 4, 2017)]
[Senate]
[Pages S6316-S6317]
INDONESIA
Mr. LEAHY. Mr. President, I want to speak briefly about a recent
report by the Secretary of State concerning, among other things,
impunity within Indonesia's military. This has been a concern of mine,
and of many others, for decades. Senate Report 114-290, which
accompanies division J of the fiscal year 2017 Consolidated
Appropriations Act, requires the Secretary of State to submit a report
on steps taken by the Indonesian military to, No. 1, deny promotion,
suspend from active service, and/or prosecute and punish military
officers who have violated human rights, and to refine further the
military's mission and develop an appropriate defense budget to carry
out that mission; No. 2, cooperate with civilian judicial authorities
to resolve cases of violations of human rights; No. 3, implement
reforms that increase the transparency and accountability of the
military's budget and operations, and achieve divestment of military
businesses; and No. 4, allow unimpeded access to Papua; respect due
process and freedom of expression, association, and assembly in Papua;
and release Papuans and Moluccans imprisoned for peaceful political
activity.
The Secretary submitted this report on September 12, 2017, and the
information it contains is both disturbing and disappointing.
Indonesia became a democracy after many years of brutal, corrupt
dictatorship under President Suharto. He had the unwavering support of
the Indonesian military, which was responsible for widespread
atrocities not only against Indonesian citizens who opposed Suharto but
later against the
[[Page S6317]]
people of East Timor and Papua. He was also a Cold War ally of the
United States.
Suharto is gone, and Indonesia has changed for the better. It remains
an important ally of the United States, but no democracy can achieve
its potential without an independent judiciary and security forces that
are professional and accountable or that fails to defend such
fundamental rights as freedom of expression and association.
While the Indonesian military is no longer the criminal enterprise it
was during the Suharto period, impunity for past crimes remains the
norm. As the Secretary of State's report notes, the Government of
Indonesia continues to take inadequate steps to hold members of the
Indonesian military accountable for human rights violations. One stark
example includes the reemergence on active duty and promotions of
several former members of the Special Forces' Rose Team, who were
convicted in 1999 of kidnapping pro-democracy activists. In another
deplorable incident, the Government of Indonesia appointed as the head
of the Armed Forces Strategic Intelligence Agency a military officer
who was convicted in 2003 for the murder of prominent Papuan civil
society leader Theys Eluay.
Furthermore, military-related entities, such as foundations and
cooperatives, continue to hold large amounts of land and other
properties and businesses, despite the government's claim that the
military has largely divested itself of private enterprises.
Military personnel are still not subject to civilian judicial
authorities. Instead, they are tried by military tribunals which lack
transparency and often grant much shorter prison sentences than any
credible judicial authority would deem appropriate. Although four
district courts are authorized to adjudicate cases involving human
rights violations, none of them have heard or ruled on any human rights
cases since 2005.
Simply authorizing changes or espousing rhetoric without following up
with tangible action makes a mockery of the concept of reform.
Other findings in the report are also illustrative of a resistance to
reform. For example, the report states, ``Indonesian law provides that
military prosecutors are accountable to the Supreme Court. In practice,
however, they are responsible to the Indonesian Armed Forces for the
application of laws.''
With respect to the Moluccas and Papua, the report states that
``according to international NGO reports, approximately 10 Moluccan
independence activists, who were arrested in 2007, remain in custody. .
. In January 2015, a court sentenced Simon Siya, a leader in the
Moluccan independence movement, to five years in prison on treason
charges. He remains in prison. The court also sentenced seven others to
two-to-three years for displaying a banned separatist flag during a
peaceful pro-independence demonstration in 2014. . . NGOs in Papua
continued to report widespread monitoring of their activities by
intelligence officials as well as indirect threats and intimidation.''
Accusing people of being traitors and imprisoning them for peacefully
supporting self-determination is itself a violation of human rights.
Indonesia has come a long way since the dark days of President
Suharto, but when it comes to military reform, it has fallen far short.
In January 2018, it will be 10 years since Suharto's death; yet the
military remains a largely opaque, unaccountable institution that has
not even acknowledged the extent of its responsibility for past crimes.
That needs to change.
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