[ETAN-key] USCong: Letter on Kopassus training

Sun May 16 16:57:53 UTC 2010

Congress of the United States
Washington, DC 20515
May 13, 2010

The Honorable Hillary Rodham Clinton
Secretary
U.S. Department of State
2201 C Street, N.W.	
Washington, D.C. 20520	

The Honorable Robert M. Gates
Secretary
U.S. Department of Defense Room 3E880,
The Pentagon
Washington, D.C. 20301-1000

Dear Madam Secretary and Mr. Secretary:	

We welcome the Obama Administration's commitment to broaden U.S. 
engagement in Southeast Asia. The President's upcoming trip to 
Indonesia is a positive step in strengthening our ties with a key 
ally and the largest Muslim-majority country in the world. We also 
appreciate the long-term U.S. interest in engaging with all elements 
of the Indonesian military. However, we do have serious concerns with 
the Administration's intention to reengage with Unit 81 of the 
Indonesian Special Forces, known as Kopassus.

Our concerns relate to the Indonesian military's willingness to 
cooperate with the United States and Indonesian civilian justice 
institutions in permanently removing human rights violators from 
military ranks and in holding senior officers accountable for past 
abuses. In addition, there are questions about the effectiveness of 
the vetting process. We understand that discussions with the 
government of Indonesia have been ongoing and that the Administration 
is working to resolve these issues before President Obama and 
President Yudhoyono sign a U.S.-Indonesia Comprehensive Partnership 
Agreement. However, we are not aware of any significant progress in 
those discussions.

We understand that the Administration presented the government of 
Indonesia with certain conditions before a "phased engagement" with 
Unit 81 can proceed. Information provided by Embassy Jakarta 
indicates that one of the reported preconditions has already been met 
- namely, a "public" renunciation by Defense Minister Purnomo 
Yusgiantoro of past abuses and enumeration of structural reforms 
still to be enacted to enhance civilian control of the military. 
Apparently, a Jakarta Post article from March 22, 2010, entitled, 
"TNI reforms and respect for rights have come a long way," was deemed 
to have met the reported precondition. However, the Minister's 
comments were notable for failing to address the issue of past 
abuses, and the Jakarta Post is written in English and read by only 
two percent of Indonesia's population.

A subsequent Jakarta Post article from April 16, 2010, entitled 
"Kopassus chief asks
public to forget its dark past at anniversary celebration," suggests 
that Kopassus is not ready to take full responsibility for its past. 
The article quotes Kopassus Major General Lodewijk Paulus, who said 
the allegations of past rights violations were a "psychological 
burden" to Kopassus and that the public should "no longer associate" 
Kopassus with past abuses. We understand similar comments have been 
made by other TNI officials. Such comments seriously undermine the 
claim that Kopassus accepts the principle of accountability and is 
committed to regaining the public's trust and embracing reform.

We would appreciate knowing the specific steps the government of 
Indonesia, the TNI leadership, and Kopassus have been asked to take 
prior to engaging with Unit 81. Does the TNI agree to cooperate with 
civilian investigations and prosecutions of past as well as any 
future crimes? Which individuals who have been credibly alleged to 
have violated human rights have you asked to be removed from 
Kopassus, and how were those individuals identified? Will they be 
prosecuted? Did you insist that those convicted of abuses be removed 
from the military entirely, or simply from Kopassus?

We believe a reliable vetting process is critical for identifying 
Kopassus officials who have violated human rights. Will the commander 
of Unit 81 and each member of the Unit be vetted and deemed to have a 
clean record in order for U.S. training to proceed, and how?

Additionally, given the lack of credibility of the military justice 
system, we believe the transfer of jurisdiction over human rights 
crimes committed by members of the military to civilian courts should 
be a pre-condition for engagement with Kopassus. We understand there 
is currently legislation in the Indonesian Parliament that seeks to 
do this. The United States should support this effort toward judicial 
independence, and assurances are needed that credibly alleged 
violations of human rights will be investigated by civilian 
authorities with TNT's cooperation. We would also appreciate knowing 
if it has been conveyed in writing to the government of Indonesia 
that, should it fail to fulfill the requirements and obligations set 
out for this "phased engagement," any funding would be suspended.

Finally, we believe that prior consultation with Congress before 
engagement with Kopassus and an annual review would be necessary to 
ensure that our assistance meets the requirements of U.S. law and 
fulfills our broader interests.

We look forward to discussing this with you as we develop closer 
relations with Indonesia consistent with our commitment to 
accountability and the rule of law.

Sincerely,

[Please note: party affiliation, state and committee assignments added by ETAN]

HOWARD L. BERMAN U.S. House of Representatives  (D-CA) Chair, Foreign 
Affairs Committee

JOHN F. KERRY United States Senate (D-MA) Chair, Foreign Relations Committee

NITA LOWEY U.S. House of Representatives (D-NY) Chair, State, Foreign 
Operations Subcommittee of Appropriations Committee

PATRICK J. LEAHY United States Senate Chair, State, Foreign 
Operations Subcommittee of Appropriations Committee

CHRISTOPHER H. SMITH House of Representatives, (R-NJ) Ranking Member,

RUSSELL D. FEINGOLD United States Senate(D-WI) Member, Subcommittee 
on East Asian and Pacific Affairs. Foreign Relations Committee

FRANK R. WOLF U.S. House of Representatives - (R-VA) Co-chair. Tom 
Lantos Human Rights Commission; Member, Appropriations Committee

ENI F. H. FALEOMAVEGA  U.S. House of Representatives, (D-AS) Chair, 
Subcommittee on Asia, the Pacific and the Global Environment, 
Committee on Foreign Affairs

DONALD A. MANZULLO U.S. House of Representatives  (R-IL) Ranking, 
Subcommittee on Asia, the Pacific and the Global Environment, 
Committee on Foreign Affairs

JAMES P. MCGOVERN U.S. House of Representatives (D-MA) Co-chair, Tom 
Lantos Human Rights Commission

JOSEPH CROWLEY  U.S. House of Representatives, (D-NY) Committee on 
Foreign Affairs

MICHAEL M. HONDA  U.S. House of Representatives  (D-CA) Committee on 
Appropriations

RUSS CARNAHAN U.S. House of Representatives, (D-MO) Chair, 
Subcommittee on Asia, the Pacific and the Global Environment, 
Committee on Foreign Affairs

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John M. Miller, National Coordinator
East Timor & Indonesia Action Network (ETAN)
PO Box 21873, Brooklyn, NY 11202-1873 USA
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