Union makes move to end Freeport strike

JUBI, 23 September 2011

Trade union SPSI writes to Moffet in a move to end the strike

SPSI, the trade union of Freeport workers, has finally decided to write to the top executive of Freeport-McMoran in the US via the intermediary of Silas Natkime (who is referred to as the ‘bugnagel’ which means the ‘host’) after realising that there is not likely to be any settlement of the strike at the Freeport mine because the management of PT Freeport Indonesia has not shown any goodwill to resolve the problem.

Chairman of organisational affairs of the union, Virgo Solossa, said that the decision to write to the top management was taken at a meeting with the bugnegal at the Nemangkawi Institute of Mining in Kuala Kencana today.

‘We have drafted the letter and given it to the bugnegel to be forwarded to Moffet for negotiations to take place. Until we get a reply from Moffet, we will not return to work. This is our final move and we hope that this will bring about an end to the strike,’ he said.

Solossa said that this did not mean that they were handing the issue over to the bugnegel. Everything would be handled jointly, but this was because it is only the bugnegel whose help could be sought to resolve the dispute.

The request to the bugnegel is for Moffet to make recommendations as soon as possible. When approached, the bugnegel expressed his willingness to help facilitate a resolution to the strike with the FI management.

With regard to reports that a number of employees working for the contractor at Mill Operation and Underground as well as at Grasberg have gone back to work, Solossa said the union had decided to hold a peaceful demonstration. ‘We plan to approach the police and the labour service about this plan for a demonstration. This is mainly in connection with our criticism of actions taken that do not comply with the laws in force in this country. This is particularly with regard to some remarks made by a foreign member of staff which we regard as not complying with the laws in force in this country.’

According to Solossa, the actions taken by the management since the start of the strike have failed to respect the laws of this country. But Solossa was not in a position to say when this demonstration would take place. According to Solossa, ‘the demonstration will be held together with other components in society, such as the youth, students and school-children.

The news from Tembagapura is that workers at the Mill Operation and Underground factory as well as at Grasberg went back to work last night. These are workers on contract with PT Buma, Intinaker, Inamco, Visvires and PT Trakindo.

‘Production at the Mill Operation has been going on since last night, but the products cannot be sent to Portsite because they are not of the correct density,’ according to a JUBI source who works at Mill Operation. The same source at Grasberg said: ‘There is some production by contract workers of PT Trakindo, Buma and Grasberg.’

Current condition of tapol Kimanus Wenda and funds needed for operation and travel costs

Received from Solidaritas Korban Pelanggaran HAM Papua (Solidarity for Victims of Human Rights in Papua)
[Translated by TAPOL]

Papuan prisoners continue to be subject to discrimination in a number of ways such as the lack of finance, the lack of access to health facilities and racist insults against Papuan people. There are no NGOs, church groups or individuals who are regularly monitoring the situation of Tapols/Napols [this differentiates between political and non-political prisoners in Papua] who are currently in prison in Papua.

Take the example of Filep Karma who was for nine months left unattended in Dok II Hospital in Jayapura, in 2010. Ferdinan Pakage was tortured and sustained permanent injuries in his right eye from a prison official in Abe Prison, Abepura, in 2008. And most recently, Kimanus Wenda who, according to the recommendation of a doctor, needs to have operation for a tumour in the abdomen, but there has been no response from the prison officials in Nabire prison. He was even shackled with handcuffs and kept in an isolation ward in May 2011

The condition of Kimanus Wenda in Nabire Prison is now critical; he has been vomiting because of the tumour. Last Thursday at 12 midnight, he was vomiting and so dizzy that he urged an official to be transferred to hospital but this was refused. [precise meaning of a sentence in the text here is unclear]. Although he had asked to be transferred to Jayapura a number of times as recommended by the doctor, there was no response from the officials at the prison.

In view of the present condition of Kimanus Wenda, the SKPHP had a meeting with the Kanwil (?) and then with the Papua department of law and human rights [Depkum HAM Papua] on 19 September. However, the head of Depkum HAM, Daniel informed his family of a number of conditions:

* A guarantee from the family
* A formal request from the family
* A statement from Nabire Hospital
* Confirmation from the doctor
* A request for police to provide guards.

Solidaritas Korban said that it was prepared to find all these documents and that his family would provide the funds but only for a ticket for Kimanus to make the journey from Nabire to Wamena, meaning that funding for the guards was the responsibility of the state.

On 19 September, Solidaritas Korban had a meeting with Kontras Papua at which the following was agreed:

A division of tasks regarding the documents required.
We would need to raise money for the journey by two persons to Nabire
We would find the money for the stay in hospital, the operation and other requirements after Kimanus was in Jayapura
Information about these decisions would remain confidential.

Once the money for the tickets was available, Solidaritas Korban would:

Lobby the doctor.
Issue a press release
Seek contributions from the general public out in the streets
Lobby for funds to cover the costs of the hospital stay, the operation, the tickets to Nabire and so on.

The amount of money required is as follows:

Rp 1,347,000 x 2 for a total of Rp 2,694,000 for one-way tickets.
Airport tax and local transport, Rp 1,000,000
Solidaritas Korban transport costs incurred to handle arrangements for Kimanus
The total amount of money needed: is Rp 4,694,000

Jayapura, 19 September 2011
Solidaritas Korban Pelanggaran HAM Papua

Freeport strike results in a loss of US$8.2 million a day for the Indonesian government

Bintang Papua, 19 September 2011
[Abridged in translation, with problems regarding some technical terms, by TAPOL][COMMENT: This is the first time we seen how much the Indonesian government benefits financially from the operations of this mining company in West Papua where the vast majority of the people live in conditions of dire poverty. TAPOL]

———————

The Indonesian government is paying serious attention to the strike by thousands of Freeport employees in Mimika. This is clear from the arrival  in Jayapura of the minister for energy and mineral resources as well as the director-general  for minerals and coal who arrived in Jayapura  and immediately went to a meeting with Freeport and others involved in this matter.

It was agreed at the meeting that should production and mining at Freeport  be halted, there would be technological consequences both for the mining equipment as well as the possibility of landslides and flooding. This was said in a press statement  following the meeting which also included the Papua chief of police and staff at the provincial government. They agreed that the stoppage of mining activities could cause landslides and flooding. Problems like this had occurred at the time of the strike of Freeport workers in July this year. The meeting conveyed an instruction to Freeport-Indonesia to take all measures necessary to protect the facilities at the mine and said that the government would do everything possible to ensure that these facilities continue to function without causing damage to the surrounding area.

The current strike has paralysed production and there have been other impacts. ‘There should be negotiations but we are optimistic that the problem will be solved satisfactorily,’ said first assistant of the Setda (?) of the province of Papua, Drs Eliezer Renmaur.

If the strike continues and production activities are halted, there will be an impact on the surrounding area and on safety for the workers. He said that if maintenance  work is not carried out, there will be physical consequences. This might affect the ‘blocketing’ (?). The system of controlled explosions  could be damaged  and there could be landslides. [Apologies for not understanding these technical terms.] Water that  is needed for drinking and other daily needs will become polluted.’  If all this fails to function because of the strike, we can well imagine that very bad things will happen.’

The minister for energy and mineral resources has instructed his staff to pay close attention to all technical developments while the inspectors of several aspects of mining were instructed to anticipate the impact of the mine on the surrounding area and its effect on safety for the workers.

The president and CEO of Freeport Indonesia, Armando Mahler, said that when there is no production at the mine, the Indonesian government suffers a loss of US$8.2 million a day in taxes, revenue and dividends. This is what will happen if the strike does not end quickly.

He said that if the workforce of Freeport  do  not carry out productive activities along with mechanical support and so on, no-one will benefit which is why he has called on the workers involved in the strike to go back to work.

He said that the dispute is being mediated by the ministry of labour. The first mediation was planned for 15 September but the SPSI (the trade union) did not turn up. There was another attempt at mediation in Jakarta but the union did not turn up. ‘If they don’t turn up again, the matter will be handed over to the court for industrial relations. The company has offered a 22 percent increase (‘diover’ ?) over a  period of two years, which means 11 percent increase a year. He said that on Saturday, 489 workers  returned to Tembagapura to go back to work.

When the first strike occurred back in July, wages were paid  even though the workers were not working, because on that occasion the SPSI made it a condition that the workers should be paid. But in the case of the second strike, those who do not turn up for work will not be paid.

Meanwhile, the police chief Drs BL Tobing  said: ‘The workers can go on strike which is their right But there should be no attempts to intimidate those who turn up for work.’

West Papua: A history of exploitation -Opinion – Al Jazeera English

West Papua was taken over by Indonesia in 1969, and a legacy of oppression and environmental devastation has followed.
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The Grasberg mine has damaged surrounding river systems, such as the Ajikwa river above [West Papua Media]

Investing in conflict-affected and high-risk areas is a growing concern for responsible businesses and investors. Companies based in developed countries often operate in lesser-developed foreign markets, where governance standards are lax, corruption is high and business practices are poor.

These pieces focus on one specific Anglo-Australian company and their American partner that jointly operate a mine in West Papua, one of the poorest provinces of Indonesia. The risks for the company include the potential to contribute to environmental and social damage in a foreign market. The risks for investors include financing a company that does not get its risk management right.

This is the second chapter of a four-part essay that examines how the Norwegian Pension Fund came to blacklist the mining giant Rio Tinto. The first part can be found here.

Part 2: A history of exploitation

New Guinea, geographically as well as historically, is Australia’s closest relative. Separated from the mainland during the last glacial period, the waters filled in what now separates them: about 152km of the Torres Strait.

While Australia and New Guinea both have enviable mineral stores, economic and political exploitation has left the latter as home to many of the poorest people on Earth. New Guinea is also an island of two histories.

The eastern half forms the independent state of Papua New Guinea – a status it has enjoyed since breaking from Australia in 1975. With its natural resources of oil and industrial metals, Papua New Guinea has long been exploited for its minerals at places like Ok Tedi and Bougainville.

Both projects ended in social and environmental disaster. The environmental impact of Ok Tedi was so great that, in 1999, Paul Anderson, then chief executive of Australian mining company BHP, conceded that the mine was “not compatible with our environmental values”. But it did serve the company’s pursuit of profit. It was not until the Ok Tedi environmental disaster three years later that the true impact of BHP’s mining practices came to the attention of the global public. BHP subsequently sold its interest, established a fund to restore the sustainable development of the affected people, and received immunity from further prosecution.

The western half of New Guinea has had a lesser-known but equally tragic history centred around the Jayawijaya Mountain, home to the Amungme, and farther downstream, the Kamoro people. As with much of East Asia, the indigenes were under Dutch rule when a geological expedition in 1936 located a significant ertsberg (ore mountain) deep in the southwestern highlands. World War II intervened, and the Japanese claimed Indonesia and some of the western parts of New Guinea.Following defeat in the war, the Japanese were marshalled back to their home territory, and Dutch colonialism resumed. Importantly, when Indonesian independence was obtained from the Dutch in 1949, few knew of the ertsberg (mineral ore) hidden deep in West Papua’s wilderness.The Dutch began a ten-year Papuanisation programme in 1957 that would see West Papua handed back to the indigenes, and would create the independent state of West Papua around 1972.Despite multiple territorial claims, the ore mountain lay dormant for over 20 years.On March 6, 1959, the New York Times reported the presence of alluvial gold in the Arafura Sea just off the coast of West Papua. Reminded of their earlier discovery, Dutch geologists were said to be returning to the ore mountain, now simply known as Ertsberg.Independence deniedThe indigenes, meanwhile, as part of their programme toward independence, established a Papuan National Council and provisional government as well as their own military, police force, currency, national anthem, and flag. At the time, West Papua’s independence was due before the United Nations Decolonisation Commission, and representatives took part in various cultural and political activities throughout the region. By December 1, 1961, the West Papuan “Morning Star” flag had been raised alongside the Dutch for the first time. Many assumed that independence was imminent.Unbeknown to both the indigenes and the Dutch, US mining company Freeport-McMoRan Copper and Gold was negotiating directly with Suharto – at the time an Indonesian army general – for a small group of its experts to prospect this ore mountain. The path into West Papua through Suharto promised to be fruitful for Freeport, since its board was stacked with the Rockefeller’s Indonesian oil interests who already were versed in the general’s way of doing business. An exploration agreement was reached, and soon after a geologist from Freeport was forging his way through the wilderness toward Ertsberg.West Papua was about to change hands again.Armed with Chinese and Soviet weapons, as well as an increasingly public friendship with the communists, Indonesia declared war on the Netherlands. To protect Western interests from the threat of communism, on August 15, 1962, the United Nations and the United States orchestrated a meeting between Dutch and Indonesian officials during which interim control of West Papua was signed over to Indonesia.Six years of UN interregnum followed, after which a plebiscite would decide whether to form a separate nation or integrate into Indonesia. All 815,000 West Papuans were to vote in an Act of Free Choice.To ensure a favourable outcome, the Indonesians worked to suppress Papuan identity. Raising the West Papuan flag and singing of the national anthem were banned, and all political activities were deemed subversive. Indonesia ruled through force, for self-interest. Alarmed by ongoing media reports, on April 5, 1967, in the British House of Lords, Lord Ogmore called for a UN investigation. By early 1968, with Suharto having assumed the presidency of Indonesia, a US consular visit almost unanimously agreed that “Indonesia could not win an open election” in West Papua.West Papua still wanted its independence.In a desperate attempt to secure West Papua’s right to self-determination, two junior politicians crossed the border into Australian-administered Papua and New Guinea on May 29, 1969. They carried damning evidence of Indonesian repression; the hopes of a yet-unformed nation rested on the politicians reaching the UN. As Australia and its allies were amenable to Indonesian control of West Papua, the two were imprisoned upon crossing the border until after the referendum. Their brave plea was silenced.Between July and August 1969, less than a quarter of one per cent of the population – some 1,026 West Papuans – signed the country’s freedom over to Indonesia. The election, held under the aegis of the UN, was far from an act of free choice. The following day West Papua was declared a military operation zone, the local people’s movement was restricted, and expression of their national identity banned under Indonesian law.Poor, neglected West Papua.Selling West PapuaControl of West Papua proved a lucrative business deal for the Indonesians. Two years prior to the Act of Free Choice – coincidentally on the same day the plight of Papua was raised in the House of Lords – Freeport signed a contract of work with the Suharto government entitling a jointly owned company, PT Freeport Indonesia (Freeport-Indonesia), full rights to the Ertsberg mine. In return, Indonesia would derive significant tax revenues and fees as well as a minority 9.36 per cent shareholding. Without the authority to do so, Indonesia nevertheless cut itself into a deal that sold large tracts of West Papua to the US company, intent on sifting it for copper and gold.Although Ertsberg fulfilled its promise, as production slowed in the mid-1980s, Freeport-Indonesia began to explore surrounding mountains and ridges for other reserves. As is often the case, the best place to establish a new mine is next to another. Sure enough, significant copper and gold reserves were located at Grasberg only a couple of miles southwest of Ertsberg.Grasberg has the largest recoverable reserves of copper and gold in the world. It’s also Indonesia’s economic beachhead.Observing the Grasberg mine via Google Earth, one sees a scar like no other: Located about 13,000 feet (4,000 meters) above sea level, open-pit (above ground) mining has bored a hole through the top of the mountain more than half a mile (1 km) wide. What they’re digging for is more than $40bn worth of copper and gold. Every day the operation discharges 230,000 tons of tailings (waste rock) into the Aghawagon River. This process is expected to continue for up to six more years, at which point exploration will go underground until there’s no value left. Freeport estimates that will occur by 2041.The operation is so large that it has shifted the borders of the adjacent Lorenz National Park. Listed as a World Heritage site by the UN’s Educational, Scientific, and Cultural Organisation (UNESCO) in 1999, the park is “the only protected area in the world to incorporate a continuous, intact transect from snowcap to tropical marine environment, including extensive lowland wetlands”. For the Amungme and Kamoro indigenes, corporate imperialism had replaced European colonialism.The ramifications are both environmental and social.‘Slow-motion genocide’The social and economic condition of the indigenous Amungme and Kamoro poses fundamental human rights concerns. Although Freeport-Indonesia directly or indirectly employs a large number of West Papuans and is regularly Indonesia’s biggest taxpayer, in 2005, the World Bank found that Papua remained the poorest province in Indonesia. With a marked rise in military personnel and foreign staff has come a number of social issues, including alcohol abuse and prostitution such that Papua now has the highest rate of HIV/AIDS in Indonesia.Indonesian control of West Papua has been characterised by the ongoing and disproportionate repression of largely peaceful opposition. Few sustained violent interactions have occurred; however, in one major conflict in 1977, more than 1,000 civilian men, women, and children were killed by the Indonesian military in Operasi Tumpas (“Operation Annihilation”) after a slurry pipe was severed and partially closed the Ertsberg mine.More recently, in 1995, the Australian Council for Overseas Aid reported that the Indonesian army and security forces killed 37 people involved in protests over the mine in the preceding seven-month period. While the level of violence is difficult to establish, academics at the Centre for Peace and Conflict Studies at the University of Sydney maintain that up to 100,000 West Papuans may have been killed since Indonesian occupation. They call what’s happening to West Papua “slow-motion genocide”.There are also two primary environmental concerns over Grasberg. The first is that the mine discharges 230,000 tons of waste rock a day into surrounding waterways; given the escalating rate of processing, this rate is arguably above that allowed by national law. Secondly, acid rock drainage – the outflow of acidic water – has resulted from the disposal of a further 360,000 to 510,000 tons a day of overburden and waste rock in two adjacent valleys covering 4 miles (6.5 km), up to 975 feet (300 metres) deep. The mine operators dispute both claims.Riverine methods of waste disposal are banned in every developed country on Earth. The World Bank no longer funds projects that operate this way, due to the irreversible ecological devastation, and the International Finance Corporation requires that rock be treated prior to disposal, which is not a practice carried out at Grasberg. Since the mid-1990s, a number of independent environmental assessments have found unacceptably high levels of toxicity and sediment as far as 140 miles away.Freeport and Rio Tinto maintain that riverine tailings disposal is the best solution, given the difficult terrain, the threat of earthquakes, and heavy rainfall.Grasberg’s reserves are so vast that extracting them is expected to create 6 billion tons of industrial waste.President Suharto, who is now recognised as one of the most corrupt and tyrannical leaders in history, renewed Freeport-Indonesia’s exclusive mining rights in 1991 for a further 30 years with an option of two 10-year extensions. The license included an option to prospect another 6.5 million acres (2.6 million hectares), as far as the Papua New Guinea border. “The potential is only limited by the imagination,” Freeport’s chairman, James Moffett, remarked to shareholders in March 1995. “Every other mining company wants to get into Irian Jaya [West Papua]. Bougainville and Ok Tedi don’t hold a candle to Grasberg.”Part 3 to follow next week.This is an extract of a chapter from the book, Evolutions in Sustainable Investing: Strategies, Funds and Thought Leadership, to be published by Wiley in December 2011. NAJ Taylor is a PhD candidate in the School of Political Science and International Studies at the University of Queensland, and casual lecturer in the Faculty of Law and Management at La Trobe University.Follow NAJ Taylor on Twitter: @najtaylordotcomThe views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial policy.Related articles

BHP Billiton acknowledged that its mine at Ok Tedi was ‘not compatible with our environmental values’ [GALLO/GETTY]
“Grasberg’s reserves are so vast that extracting them is expected to create 6 billion tons of industrial waste.”

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

http://www.fidh.org/Recent-outbursts-of-violence

Indonesia: Recent outbursts of violence underscore dire need for a rights-based approach to conflict resolution in Papua

 

Paris-Jakarta-Bangkok, 21 September 2011. The recent spike in violent incidents in Papua in July and August underscore the urgent need for Jakarta to re-assess its military approach to solve the situation of unrest in the region and to place the respect for human rights at the heart of conflict resolution policies and practices, said the Asian Forum for Human Rights and Development (FORUM-ASIA), the Commission for the Disappeared and Victims of Violence (KontraS), the Indonesian Human Rights Monitor (Imparsial) and the International Federation for Human Rights (FIDH) today.

 

Kontras recorded at least ten violent clashes between 5 July to 3 August, 2011[1], involving members of the state security forces and local armed groups. Civilians were injured and killed in some of these clashes. Thirteen Papuans were arrested by the police on 31 August in Kampung Nafri, Abepura, for allegedly causing unrest during a religious ceremony. There were also allegations that these 13 individuals were involved in a shooting incident on 3 August, in which three civilians and one TNI soldier were killed. However, local rights groups pointed out that the police made the arrests without properly investigating and substantiating these allegations. These detainees were reportedly tortured while in police custody.

“Freedoms of expression, association and assembly are routinely violated in Papua, which seriously fuels tensions. Besides, gross human rights abuses, such as acts of torture, remain unaccounted for.” said Poengky Indarti, Executive Director of Imparsial.

“While the use of violence to achieve political and other goals is unacceptable, the heavy military presence and the military-centered approach by Jakarta to Papua’s demand for autonomy serve to sideline human rights and do not provide a viable and peaceful solution to the conflict,” said Souhayr Belhassen, FIDH President.

Another element of Jakarta’s security-centered approach is the strict restriction to access to Papua. As a result, peaceful activities of civil society groups and human rights actors operating in Papua are known to be under extensive surveillance by the Indonesian military. This form of intimidation goes against the United Nations Declaration on the Right and Responsibility of Individuals, Groups or Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, and oversteps the lawful limit of intelligence gathering. Internal documents of the Indonesian military recently obtained and publicized by the media revealed both the extent of this kind of surveillance and the military authorities’ mistrust towards peaceful civil society and human rights activities, which they perceive as a threat to national security.

“Monitoring human rights work is seen by the military as threatening to national security and this bodess ill for the safety of human rights defenders and other peaceful activists in Papua, as they could bear the brunt of harassment and physical intimidation by state security forces under the pretext of fighting separatism,” said Yap Swee Seng, Executive Director of FORUM-ASIA.

Some of the activists and individuals named in the leaked military documents have already faced arrest, detention, and intimidation, such as independence activists Filep Karma and Buchtar Tabuni, who were both arrested and convicted for their role in organizing peaceful demonstrations during which the Morning Star flag, a banned symbol, was raised.

A recent report released by Imparsial estimates that there are more than 14,000 military personnel deployed to Papua. The report identifies the key features of such a military-centered approach by the central government, including the continuous military operations in Papua without adequate parliamentary oversight, deployment of a large number of non-organic troops to Papua, and the addition of new territorial command structure in the region.

In sum, accountability for human rights abuses perpetrated by state security forces is still lacking in Papua. In addition, in the few rare cases in which perpetrators were brought to court, they were either acquitted or convicted on lesser charges that do not reflect the gravity of their crimes, such as acts of torture.

The four organizations call on the Indonesian government to:

  • Instruct its military to immediately cease all unlawful surveillance activities in Papua and revise its current draft intelligence bill by incorporating recommendations by civil society and bringing it into line with the Indonesian Constitution and Criminal Procedure Code, as well as international human rights law;
  • Take steps to reduce the heavy presence of non-organic military personnel and their involvement in civil administration in Papua and seriously implement security sector reform;
  • Fully and credibly investigate all past and new allegations of human rights abuses, especially those perpetrated by state security forces, and promptly bring perpetrators to justice;
  • Strengthen civilian oversight and rigorous parliamentary scrutiny of military policies, operations and budget; and
  • Respect the role of human rights defenders and ensure unfettered access to Papua by civil society groups and actors, including foreign and domestic journalists and independent human rights monitors.

[1] The documented violent incidents occurred in Kampong Kalome, Tingginambut district, Puncak Jaya (5 July and 12 July); Mulia, Puncak Jaya (13 July and 21 July); Timika, Mimika (30 July); Illga district, Puncak (30-31 July); Kampung Nafri, Abepura (1 August and 3 August); and Mulia, Puncak Jaya/Wamena (3 August). See documentation by KontraS: http://www.kontras.org/index.php?hal=siaran_pers&id=1339.

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