FYI: Berikut ini adalah salinan Bill yang manimbulkan ketidak-senangan
Presiden SBY terhadap DPR Amerika. Semoga bermanfaat.
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Today the United States 109th Congress has passed:
H.R. 2601: Foreign Relations Authorization Act, Fiscal Years 2006 and 2007
Below is the Section relating to Indonesia & West Papua
21 SEC. 1015. DEVELOPMENTS IN AND POLICY TOWARD INDO-
22 NESIA.
23 (a) STATEMENT CONGRESS RELATING RECENT
OF TO
24 DEVELOPMENTS, HUMAN RIGHTS, REFORM.--Con-
AND
25 gress--
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1 (1) recognizes the remarkable progress in democ-
2 ratization and decentralization made by Indonesia in
3 recent years and commends the people of Indonesia on
4 the pace and scale of those continuing reforms;
5 (2) reaffirms--
6 (A) its deep condolences to the people of In-
7 donesia for the profound losses inflicted by the
8 December 26, 2004, earthquake and tsunami;
9 and
10 (B) its commitment to generous United
11 States support for relief and long term recon-
12 struction efforts in affected areas;
13 (3) expresses its hope that in the aftermath of the
14 tsunami tragedy the Government of Indonesia and
15 other parties will succeed in reaching and imple-
16 menting a peaceful, negotiated settlement of the long-
17 standing conflict in Aceh;
18 (4) commends the Government of Indonesia for
19 allowing broad international access to Aceh after the
20 December 2004 tsunami, and urges that international
21 nongovernmental organizations and media be allowed
22 unfettered access throughout Indonesia, including in
23 Papua and Aceh;
24 (5) notes with grave concern that--
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1 (A) reform of the Indonesian security forces
2 has not kept pace with democratic political re-
3 form, and that the Indonesian military is subject
4 to inadequate civilian control and oversight,
5 lacks budgetary transparency, and continues to
6 emphasize an internal security role within Indo-
7 nesia;
8 (B) members of the Indonesian security
9 forces continue to commit many serious human
10 rights violations, including killings, torture,
11 rape, and arbitrary detention, particularly in
12 areas of communal and separatist conflict; and
13 (C) the Government of Indonesia largely
14 fails to hold soldiers and police accountable for
15 extrajudicial killings and other serious human
16 rights abuses, both past and present, including
17 atrocities committed in East Timor prior to its
18 independence from Indonesia;
19 (6) condemns the intimidation and harassment
20 of human rights and civil society organizations by
21 members of the Indonesian security forces and mili-
22 tary-backed militia groups, and urges a complete in-
23 vestigation of the fatal poisoning of prominent human
24 rights activist Munir in September 2004; and
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1 (7) urges the Government of Indonesia and the
2 Indonesian military to continue to provide full, ac-
3 tive, and unfettered cooperation to the Federal Bu-
4 reau of Investigation of the Department of Justice in
5 its investigation of the August 31, 2002, attack near
6 Timika, Papua, which killed three people (including
7 two Americans, Rick Spier and Ted Burgon) and in-
8 jured 12 others, and to pursue the indictment, appre-
9 hension, and prosecution of all parties responsible for
10 that attack.
11 (b) FINDINGS RELATING PAPUA.--Congress finds
TO
12 the following:
13 (1) Papua, a resource-rich province whose indig-
14 enous inhabitants are predominantly Melanesian, was
15 formerly a colony of the Netherlands.
16 (2) While Indonesia has claimed Papua as part
17 of its territory since its independence in the late
18 1940s, Papua remained under Dutch administrative
19 control until 1962.
20 (3) On August 15, 1962, Indonesia and the Neth-
21 erlands signed an agreement at the United Nations in
22 New York (commonly referred to as the ``New York
23 Agreement'') which transferred administration of
24 Papua first to a United Nations Temporary Execu-
25 tive Authority (UNTEA), and then to Indonesia in
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1 1963, pending an ``act of free choice . . . to permit
2 the inhabitants to decide whether they wish to remain
3 with Indonesia''.
4 (4) In the New York Agreement, Indonesia for-
5 mally recognized ``the eligibility of all adults [in
6 Papua] . . . to participate in [an] act of self-deter-
7 mination to be carried out in accordance with inter-
8 national practice'', and pledged ``to give the people of
9 the territory the opportunity to exercise freedom of
10 choice . . . before the end of 1969''.
11 (5) In July and August 1969, Indonesia con-
12 ducted an ``Act of Free Choice'', in which 1,025 se-
13 lected Papuan elders voted unanimously to join Indo-
14 nesia, in circumstances that were subject to both overt
15 and covert forms of manipulation.
16 (6) In the intervening years, indigenous
17 Papuans have suffered extensive human rights abuses,
18 natural resource exploitation, environmental degrada-
19 tion, and commercial dominance by immigrant com-
20 munities, and some individuals and groups estimate
21 that more than 100,000 Papuans have been killed
22 during Indonesian rule, primarily during the Su-
23 karno and Suharto administrations.
24 (7) While the United States supports the terri-
25 torial integrity of Indonesia, Indonesia's historical re-
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278
1 liance on force for the maintenance of control has
2 been counterproductive, and long-standing abuses by
3 security forces have galvanized independence senti-
4 ments among many Papuans.
5 (8) While the Indonesian parliament passed a
6 Special Autonomy Law for Papua in October 2001
7 that was intended to allocate greater revenue and de-
8 cision making authority to the Papuan provincial
9 government, the promise of special autonomy has not
10 been effectively realized and has been undermined in
11 its implementation, such as by conflicting legal direc-
12 tives further subdividing the province in apparent
13 contravention of the law and without the consent of
14 appropriate provincial authorities.
15 (9) Rather than demilitarizing its approach, In-
16 donesia has reportedly sent thousands of additional
17 troops to Papua, and military operations in the cen-
18 tral highlands since the fall of 2004 have displaced
19 thousands of civilians into very vulnerable cir-
20 cumstances, contributing further to mistrust of the
21 central government by many indigenous Papuans.
22 (10) According to the 2004 Annual Country Re-
23 port on Human Rights Practices of the Department
24 of State, in Indonesia ``security force members mur-
25 dered, tortured, raped, beat, and arbitrarily detained
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1 civilians and members of separatist movements'' and
2 ``police frequently and arbitrarily detained persons
3 without warrants, charges, or court proceedings'' in
4 Papua.
5 (c) REPORTING REQUIREMENTS.--
6 (1) REPORT ON SPECIAL AUTONOMY.--Not later
7 than 180 days after the date of the enactment of this
8 Act and one year thereafter, the Secretary of State
9 shall submit to the appropriate congressional commit-
10 tees a report detailing implementation of special au-
11 tonomy for Papua and Aceh. Such reports shall in-
12 clude--
13 (A) an assessment of the extent to which
14 each province has enjoyed an increase in revenue
15 allocations and decision making authority;
16 (B) a description of access by international
17 press and non-governmental organizations to
18 each province;
19 (C) an assessment of the role played by local
20 civil society in governance and decision making;
21 (D) a description of force levels and conduct
22 of Indonesian security forces in each province;
23 and
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1 (E) a description of United States efforts to
2 promote respect for human rights in each prov-
3 ince.
4 (2) REPORT ON THE 1969 ACT OF FREE
5 CHOICE.--Not later than 180 days after the date of
6 the enactment of this Act, the Secretary of State shall
7 submit to the appropriate congressional committees a
8 report analyzing the 1969 Act of Free Choice.
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