Statement Of Senator Patrick Leahy,
Ranking Member,
Subcommittee On State, Foreign Operations, And Related Programs
Fiscal Year 2006 Foreign Operations Conference Report
Senate Floor
November 10, 2005

Mr. President, I support the Foreign Operations Conference Report for fiscal year 2006 and urge all Senators to vote its passage.

Budget Constraints

Like every appropriations bill, there are things in this conference report that I disagree with.  There are programs which I, as do many here, believe need substantially more funding than we were able to provide.  A good example is our migration and refugee programs.  This conference report provides less than the President requested and far less than the Senate bill.  The suffering of refugees and displaced people that we are able to relieve but will not because of the scant resources in this bill is shameful and inexcusable.  We and other industrialized nations could and should do far more to help them.

Another problem is HIV/AIDS, although we were able to provide $268 million more than the President requested.  I am disappointed that the amount of our contribution to the Global Fund to Fight AIDS, TB and Malaria was $50 million less than in the Senate bill.  There are few more compelling needs for those funds than fighting these insidious diseases.

I had hoped we would have enough to fully fund the Non-Proliferation, Anti-Terrorism, Demining and Related Programs account.  It is a mistake to cut funding for the Comprehensive Test Ban Treaty International Monitoring System, for which the President did not request sufficient funds.  The amount in this conference report represents a cut of $4.498 million below the fiscal year 2005 level, and is at least $6 million less than the amount of the U.S. share for this vitally important monitoring system.

The fact is, despite the help we got from Chairman Cochran and Senator Byrd with our allocation, for which we are very grateful, this conference report does not provide nearly enough resources to respond adequately to the multitude of threats we face across the globe.  We had to make the kind of peevish choices that the world’s wealthiest, most powerful country should not be making.

There are other funding problems in this conference report, but on the whole it strikes the right balance for the bipartisan support it needs, and for that I commend Chairman McConnell, Chairman Kolbe, and Congresswoman Lowey.  We have worked very cooperatively as is our practice, and I think we did about the best we could with an allocation that was almost $2 billion below the President’s budget request. 

I want to mention a few other issues.

Colombia

First, Colombia.  I was pleased that the conferees agreed to my request to provide an additional $6 million for economic and social programs.  Despite assurances by the Administration that they would increase funding for these programs as the security situation in Colombia improves, they have done the opposite.  Military programs have consistency received a larger share of the budget. 

I was pleased that the conferees included report language I requested, directing that $500,000 of our military aid for Colombia be used to pay incidental costs relating to the treatment at U.S. hospitals of seriously injured Colombian soldiers.  Due to the tireless work of the non-profit organization “United for Colombia,” these hospitals have generously offered to perform this surgery -- which requires sophisticated technology and expertise that is unavailable in Colombia -- free of charge.  But there are additional expenses such as transportation, lodging and medicines.  The conferees also included my recommendation that additional assistance from the Leahy War Victims Fund be made available for civilians who have been injured by landmines and other causes relating to the conflict.

The conference report also includes language concerning the demobilization of Foreign Terrorist Organizations in Colombia.  We would like to support this process, but it has been flawed from the beginning and the “Peace and Justice” law has been widely criticized by human rights experts in Colombia, the United States, Europe, the United Nations, and the Organization of American States.  There is considerable skepticism that the paramilitary leaders will in fact give up narco-trafficking, surrender their illegally acquired land and other assets, or be brought to justice.  We want to be sure that the law is being implemented in a manner that lives up to its promise of peace and justice, that these organizations are dismantled, and that their leaders receive the severe punishment they deserve. 

We provide up to $20 million in fiscal year 2006 for the demobilization.  These are mostly funds that were already requested by the Administration for other purposes.  We require the Secretary of State to first certify that certain conditions have been met and to notify the Congress.  This reflects the serious concerns that Members of Congress have with the demobilization process.  Among those conditions is that the Government of Colombia is “providing full cooperation to the Government of the United States to extradite the leaders and members of [Foreign Terrorist Organizations] who have been indicted in the United States.” 

This is very important, and it was included at the insistence of both Republican and Democratic members.  When we say “full cooperation” we mean nothing less.  We want to see these people in handcuffs and on an airplane to the United States as soon as possible.  We do not want anything to happen that would interfere with the extradition of the leaders of these narco-terrorist organizations – organized crime syndicates is what they are -- for major crimes for which they have been indicted here. 

These are not ordinary criminals.  Some of them make Pablo Escobar look like an amateur.  They are responsible for creating and arming their own death squads, for killing thousands of civilians, for shipping billions of dollars worth of cocaine into the United States, and they have infiltrated many sectors of Colombian society including, we learned recently, the police intelligence service.  We also know they have sway with some members of the Colombian Congress.

Impunity has been the norm throughout Colombia’s history.  Nothing would be worse for the cause of justice, or for democracy in Colombia, than for people who are among the most notorious criminals in this hemisphere to escape punishment that is proportional to their crimes.  If that happens, you can be sure that their criminal enterprises will not be dismantled, the cocaine will keep flowing across our borders, the Colombian people will continue to be plagued by narcotics related violence and corruption, and peace and justice will remain out of reach.

Indonesia

Another item in this conference report deals with Indonesia.

President Yudhoyono, who was democratically elected, has been advancing reformist policies that we support, including reducing the army’s role in the political process.  He has also been a reliable ally in fighting terrorism in the world’s largest Muslim country. 

The conference report provides assistance to the Indonesian Navy in the amount requested by the Administration, and it also provides IMET assistance for Indonesia without restriction.  In addition, our largest counter-terrorism training program is with Indonesia, and the Defense Department regularly conducts joint exercises and other activities with the Indonesian military.

But one area where there has been no discernable progress is accountability for crimes by the army.  In 1992 the Indonesian army shot to death an estimated 200 unarmed protesters in a cemetery in Dili, East Timor.  A few low-ranking soldiers were punished, but in a perversity of justice several of the civilians were sent to jail for far longer sentences.  Then in 1999, the Indonesian military armed the militias who laid waste to East Timor after the independence referendum.  The UN identified the top officers involved and accused them of crimes against humanity, but the army sabotaged the government’s half hearted efforts to bring them to justice.  Thousands of innocent people died, and no one has been punished. 

Some have suggested that because these are “past” crimes, we should look forward, not backward.  What crime isn’t a past crime?  Does that make it any less important that justice be done?  How do you prevent future atrocities if you let those who order and commit murder get away with it?  What is more fundamental to democracy than justice?

For many years, the Congress has put conditions on U.S. assistance to the Indonesian army.  The conditions in our law require nothing more than that the army respect the law, yet both Secretary Rumsfeld and Secretary Rice asked Congress to eliminate the conditions.  I understand there are competing concerns and that we and Indonesia have common security interests.  I would have supported their request if there were any sign that the Indonesian army is prepared to be accountable to the law for any of these heinous crimes.  So far, there is not. 

The conference agreement also requires a report on the status of the FBI investigation of the August 2002 murders of two American civilians and one Indonesian civilian in Timika, West Papua.  Soon after the killings the Indonesian military tried to frame an innocent man.  Then, when the police implicated the military in the attack, the investigation abruptly ended.  Nothing happened for another year or so because the military actively impeded further efforts to investigate.  Since then, the military has been more cooperative and one West Papuan individual has been indicted in the U.S.  But he has yet to be indicted in Indonesia and responsibility for this heinous crime does not stop there.  It is now more than three years since this tragedy and no one has been brought to justice. 

Finally, the conference report requires a report on the humanitarian and human rights situation in West Papua.

Nepal

Mr. President, another item I want to mention is Nepal.  We have once again put conditions on our military aid because of the King’s undemocratic and repressive actions on February 1, and the army’s continuing involvement in human rights violations.  We detest the tactics of the Maoists, who forcibly recruit children, who engage in extortion, and brutalize civilians.  But the King’s actions have only made a political solution to the conflict in Nepal more elusive, and at great cost to democracy and the rule of law.  The conference agreement provides $2.5 million for a U.S. contribution to the UN High Commissioner for Human Rights Office in Nepal, to monitor and report on human rights violations throughout the country. 

Amazon Basin Conservation Strategy

The conference agreement also provides another $10 million for USAID’s new Amazon Basin Conservation Strategy.  This is a regional initiative that I am personally committed to, and I greatly appreciate the efforts that USAID has made to develop this strategy through an extensive process of consultations with governments and nongovernmental organizations. 

The Amazon Basin encompasses nine countries and has global environmental, health and economic importance that dwarfs any other forest or river system in the world.  We all have a responsibility to protect it.  Brazil and Colombia are examples of countries that already have environmental laws and policies in place and protected areas and indigenous reserves.  Coordinating with other donors, governments and civil society organizations, we can help build the capacity to strengthen, enforce, implement, and replicate these laws and policies throughout the region.

On a related matter, the conference report requires USAID to establish a new position of “Advisor for Indigenous Peoples Issues.”  Indigenous peoples, from the Kalahari Desert in Botswana to the forests of Ecuador, are the most vulnerable people on Earth.  Their land and traditional ways of life are under siege, and often their own governments are part of the problem, as was the case in our own country a century and a half ago.  USAID, which works in these countries on issues that affect indigenous peoples, needs someone who is knowledgeable and has the responsibility to consult with indigenous peoples, advocate on their behalf in relation to USAID policies, programs and activities and coordinate with other federal agencies.  I look forward to discussing this with USAID.

Reform At Multilateral Development Banks

I want to mention a provision in this conference report that deals with reform at the multilateral development banks.  There are several parts to this provision, but one that deserves special mention concerns the rights of whistleblowers.  Too often at these institutions, people who complain about waste, fraud or abuse are harassed, threatened, silenced, or demoted.  That is the opposite of what should happen, and it is long overdue for whistleblowers to be given the protection and recourse they deserve.  This provision, among other things, calls for independent adjudicatory bodies, including “external arbitration based on consensus selection and shared costs”.   I believe that access to external arbitration is long overdue, and I urge the World Bank and the other MDBs to act expeditiously to implement this and the other reforms called for in this provision.

Millennium Challenge Corporation

The conference report provides $1.77 billion for the Millennium Challenge Corporation (MCC).  While this represents a deep cut from the President’s request, it reflects the tight budgetary constraints we faced.  The conference allocation required us to cut nearly $2 billion from the President’s total request and therefore many programs, including the MCC, were not fully funded.  

I support the goals of the MCC, and I look forward to working with the new CEO Ambassador Danilovich.  We know that foreign aid is most effective when governments are committed to fighting corruption and addressing the needs of their people, and when public officials, civil society and the private sector work together to reduce poverty.

I am pleased that the conference agreement includes language emphasizing the importance of strong participation from indigenous civil society organizations to help ensure that the MCC is responsive to local people’s concerns.  It is through the meaningful participation of civil society that democracy is strengthened, good governance is valued, and open discussions of how best to achieve national priorities are accomplished.  The conference agreement requires the MCC to submit a report that details how contributions of indigenous civil society have been incorporated in completed compact negotiations. 

African Development Foundation and Inter-American Foundation

The conference report provides funds above the President’s request for both the Inter-American Foundation and the African Development Foundation.  The Congress strongly supports the work of these foundations which support local initiatives to increase income for Latin America’s and Africa’s poorest people.

Marla Ruzicka Iraqi War Victims Fund

I was very pleased that the conference report provides additional assistance for civilian victims of the military operations in Iraq and Afghanistan.  We provide $5 million for the Marla Ruzicka Iraqi War Victims Fund for assistance for Iraqi families and communities, which is named for Marla Ruzicka, the founder of “Campaign for Civilian Victims of Conflict”.  Ms. Ruzicka died, at the age of 28, along with her colleague Faiz Ali Salim, in a car bombing in Baghdad on April 16, 2005.  We also provide $2 million for assistance for Afghan families and communities that have suffered losses as a result of the military operations.  By providing this assistance the United States is seeking to alleviate the suffering, as well as the anger and resentment, resulting from tragic mistakes that occur in the military operations.

Neglected Diseases

I was also pleased that the conference report includes $15 million to support an initiative I sponsored to combat certain neglected diseases.  Lymphatic filariasis, onchocerciasis, intestinal parasites, schistosomiasis, leprosy, and trachoma cause terrible suffering and disfigurement among hundreds of millions of people in mostly tropical countries.   In addition to providing additional funds to prevent and treat these diseases, this initiative seeks to develop a multilateral, integrated approach to coordinate and maximize donor contributions to control them.  This is important because current efforts are poorly coordinated and under funded.  As with the infectious diseases initiative I sponsored nearly a decade ago, I look forward to working with USAID, other federal agencies, the World Health Organization, and the relevant international technical and nongovernmental organizations to develop such an approach that has broad support. 

Global Environment Facility

I was disappointed that the amount provided for the Global Environmental Facility, $80 million, fell $27 million short of the U.S. pledge.  I want to emphasize that this cut does not reflect any dissatisfaction on the part of the conferees with the GEF, which had taken steps to adopt management and transparency reforms advocated by the United States, but instead was due to budgetary constraints.  As a strong supporter of the GEF I am hopeful that we can make up this shortfall in the fiscal year 2007 budget. 

Extractive Industries Transparency Initiative

The conference report supports the Extractive Industries Transparency Initiative, which aims to improve the capacity of developing countries to sustainably manage the extraction of natural resources and to monitor revenues generated from such extraction so they are used for purposes which benefit their people.  This is an anti-corruption, good governance initiative spearheaded by the British Government, which responds to the longstanding practice in many developing countries of exploiting natural resources in a wasteful and environmentally destructive manner that benefits only the elites.  The conference agreement provides $1 million for USAID to support EITI implementation and to strengthen the role and capacity of civil society organizations in the EITI process.  This is another issue I look forward to discussing with USAID before funds are obligated. 

Finally, I want to mention the funding in the conference report for USAID’s Operating Expenses, which was cut by $50 million below the Administration’s request.  Again, this was the result of the budgetary constraints we faced, but it also reflects some concerns with USAID’s management of appropriated funds.  This cut will force USAID to make difficult choices, which should be the subject of consultations with the Appropriations Committees.  

Mr. President, there are many other provisions in this conference report that I do not have time here to recount.  I want to again thank my friend from Kentucky, Senator McConnell, who has been a pleasure to work with.  I also thank our counterparts in the House, Congressman Kolbe and Congresswoman Lowey, and their capable staffs.  I want to commend the Senate majority staff, Paul Grove, Tom Hawkins, Harry Christy, Bob Lester and LaShawnda Smith.  They put in long hours and they held themselves to the highest standards.  And for the minority, I want to thank Tim Rieser, Kate Eltrich and Jennifer Park. 

I yield the floor.

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