107th CONGRESS
1st Session
S. CON. RES. 9
Condemning the violence in East Timor and urging the establishment of an
international war crimes tribunal for prosecuting crimes against humanity
that occurred during that conflict.
IN THE SENATE OF THE UNITED STATES
February 13, 2001
Mr. HARKIN (for himself, Mr. FEINGOLD, Mr.
REED, Mr. LEAHY, Mr. KENNEDY, Mr. WELLSTONE, and Mr. KOHL) submitted the
following concurrent resolution; which was referred to the Committee on
Foreign Relations
CONCURRENT RESOLUTION
Condemning the violence in East Timor and urging the establishment
of an international war crimes tribunal for prosecuting crimes against
humanity that occurred during that conflict.
Whereas the people of East Timor experienced an
unprovoked and violent attack in the aftermath of a peaceful referendum in
which they cast an overwhelming vote for national independence;
Whereas at least 1,000 people were killed, thousands
more people were injured, 500,000 people were displaced, much of the
infrastructure was destroyed, and scores of communities and villages were
completely destroyed in East Timor by roving bands of militias and
paramilitary organizations;
Whereas some Indonesian military officers and personnel
along with some Indonesian civilian police helped to train and arm the
militias and paramilitary organizations before setting them loose to
terrorize the people of East Timor and destroy their homes, businesses,
and personal property;
Whereas the Indonesian ranking military officers and
civilian police officers not only failed to keep the peace in East Timor
once the referendum on national independence was conducted but also, in
some cases, actually incited violence and participated in widespread
killing, rape, forced displacement, mayhem, and wholesale property
destruction;
Whereas numerous militia leaders who have been
implicated in various crimes against humanity in East Timor continue to
operate with impunity in West Timor and throughout Indonesia and none have
been formally charged and brought to trial in Indonesia for the wave of
violence, murder, rape, and terror inflicted on the people of East Timor,
in particular, in preparation for, the conduct of, or the aftermath of the
1999 referendum;
Whereas Indonesia is a party to the Universal
Declaration on Human Rights and other international human rights
agreements and is legally obligated to comply with those agreements;
Whereas the continuing failure to investigate, indict,
prosecute, and secure convictions and appropriate punishment for those
responsible for so much death, violence, and destruction among the people
of East Timor continues to fuel an environment of terror, fear, and crime
in East and West Timor and along their common border, thus trapping tens
of thousands in squalid refugee camps and preventing their safe return to
their homes;
Whereas the Indonesian government has failed to follow
through on its agreement to provide evidence and accused criminals to the
justice system of the United Nations Transitional Administration in East
Timor, creating circumstances whereby lower-level East Timorese militia
members are brought to justice in East Timor, while East Timorese militia
leaders and Indonesian military officers with command responsibility
reside in Indonesia without fear of prosecution;
Whereas the Indonesian government has yet to take all
necessary steps to create a court with authority to prosecute past crimes
under internationally-recognized human rights and humanitarian law, and
the National Human Rights Commission of Indonesia has limited authority to
only investigate such violations;
Whereas, in August, 2000, Indonesia's upper house of
parliament passed a constitutional amendment prohibiting retroactivity in
prosecutions;
Whereas repeated assurances to the international
community and to Congress by the Indonesian government of impending action
against the perpetrators of crimes against humanity in East Timor have
produced few noticeable or substantive results; and
Whereas Congress is deeply disturbed that gross
violations of the human rights of the people of East Timor and United
Nations personnel rendering basic humanitarian services in East and West
Timor have gone unpunished since January 1, 1999, and the perpetrators
have not been brought to justice: Now, therefore, be it
Resolved by the Senate (the House of
Representatives concurring), That (a) Congress--
(1) deplores the widespread and systematic
violence that--
(A) has occurred in East Timor and in the
refugee camps of West Timor since January 1, 1999; and
(B) has resulted in many murders, rapes, and
the near-total destruction of East Timor's infrastructure and
numerous villages on that troubled island;
(2) decries the continued existence of an
environment of intimidation, misinformation, instability, terror,
and fear among the people living in the refugee camps housing tens
of thousands of displaced people, many of whom wish to return to
East Timor, but are too scared to freely repatriate and return
safely to their home communities;
(3) denounces the leaders of the militias and
paramilitary groups who are responsible for the violent attacks,
pillaging, and mayhem that has caused so much suffering and property
destruction in East Timor as well as their accomplices in Indonesia
inside and outside of that sovereign country's armed forces; and
(4) continues to support the courageous efforts of
those in Indonesia working toward domestic prosecutions of the
individuals most responsible for the post-referendum violence, but
recognizes that these efforts currently face overwhelming obstacles.
(b) It is the sense of Congress that the President and
the Secretary of State should--
(1) endorse and support the establishment of an
international criminal tribunal for the purpose of prosecuting
culpable Indonesian military and police officers and personnel,
leaders of local militias and paramilitary organizations, and other
individuals who are responsible for crimes against humanity in East
Timor, including systematic murder, rape, and terrorism, the
unlawful use of force, and crimes against United Nations personnel
deployed in East Timor and in the refugee camps of West Timor;
(2) direct the pertinent agencies of the executive
branch--
(A) to begin collecting and organizing such
information (including from intelligence sources), and to
provide such appropriate resources, as will be necessary to
assist in preparation of indictments and prosecution of cases
before an international criminal tribunal; and
(B) to undertake any additional inquiries and
investigations that would further such efforts; and
(3) work actively and urgently within the
international community for the adoption of a United Nations
Security Council resolution establishing an international criminal
court for East Timor.
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