Tag: Asian Human Rights Commission

Indonesian crackdown on Papuan Congress sparks outrage

 

Indonesian crackdown on Papuan Congress sparks outrage

A joint statement by TAPOL (UK), the West Papua Advocacy Team (WPAT,
US) and East Timor Action Network (ETAN, US)

On Wednesday, a meeting of thousands of indigenous Papuans in
Jayapura, West Papua, became the scene of a brutal crackdown by
Indonesian security forces. Indonesian troops and police Mobile
Brigades reportedly fired hundreds of shots to disperse the crowd,
pistol-whipped participants and beat them with batons and rattan
canes. They arrested around 300 participants. According to the
Indonesian press, security forces turned violent when Papuan
indigenous leaders, who had gathered to discuss their basic rights,
issued a declaration of independence.

“This appalling display of excessive force has no place in a modern
democracy,” said Lord Avebury, Vice Chair of the UK Parliamentary
Human Rights Group. Avebury called on the Indonesian government to
immediately release detainees and conduct and publish a full
investigation into the incident.

Two people are confirmed dead, with many more injured and five charged
with treason. Among those arrested were Congress organiser Mr Selphius
Bobii, and prominent indigenous leader Mr Forkorus Yaboisembut, head
of the Papuan Customary Council (Dewan Adat Papua). The arrests are a
provocative response to a peaceful gathering, targeting one of West
Papua’s most respected tribal leaders, said the US-based West Papua
Advocacy Team.

The meeting is the third of its kind to take place in West Papuan
history, and was reportedly attended by around 4,000–5,000 people.
While the Congress attracted thousands more to the surrounding area,
many were prevented from gaining entry to the event by security
forces, or were too afraid to enter.

“It is bitterly ironic that when Papuans meet to discuss their basic
rights, Indonesia responds by violating those rights,” said Carmel
Budiardjo, senior campaigner for the UK-based NGO TAPOL. “The daily
discrimination and violations experienced by Papuans are bad enough,
but an attack of this nature on a democratic congress is an absolute
outrage,” she continued.

The use of the infamous ‘makar’ or treason laws to deny the right to
freedom of expression and assembly is an increasing problem in Papua,
suppressing activists and fuelling simmering resentments among the
indigenous population. On Wednesday, US Congressman Mr Eni
Faleomavaega expressed concerns about the arrests, calling for the
immediate release of Mr Forkorus Yaboisembut. The US-based East Timor
Action Network has also condemned the arrests. “The right to gather
and speak out is a fundamental freedom, it doesn’t just disappear
because the government doesn’t like what is being said,” said John M.
Miller, the network’s National Coordinator.

The situation in Jayapura last night was tense amidst fears of
reprisals and further actions by security forces against local
residents and those involved in the Congress. TAPOL, WPAT and ETAN
call on the international community to urge Indonesia to show
restraint, release the detainees, and commit to a peaceful resolution
of the West Papua conflict.

/ Ends

Contacts

UK: Paul Barber, Coordinator, TAPOL, +44-20-8771-2904
paul.barber@tapol.org

US: Ed McWilliams, West Papua Advocacy Team, +1-575-648-2078
edmcw@msn.com

John M. Miller, East Timor Action Network,
+1-917-690-4391 john@etan.org

Photos and video clips

Photos of victims available from TAPOL on request, including victims
suffering gunshot wounds and beatings.

Check West Papua Media Info for breaking news and video clips direct
from West Papua.

Background notes for editors

The Third Papuan People’s Congress

The Congress, themed ‘Affirming the basic rights of the indigenous
Papuan people for the present and the future’ was planned to last for
three days. It opened in Abepura, Jayapura, on 16 October 2011 with
between 4,000 and 5,000 delegates in attendance representing more than
200 tribal groups from across the territory. Over 20,000 more
gathered in the vicinity of the Congress. The organisers were forced
to hold the event in an open field as requests to hold it at a more
suitable venue were rejected.

For the first two days the Congress proceeded peacefully, but the
atmosphere was increasingly tense due to the build-up of over 2,000
members of the security forces in Jayapura. According to local sources
reported by West Papua Media Info, troops encircled the conference
with around 70 vehicles including Army Pansers, a water cannon,
Armoured Personnel Carriers and Barracuda armoured jeeps. On the third
day at the close of the conference, Indonesian troops armed with
automatic weapons, along with units of Brimob, the notorious mobile
brigade of the Indonesian police, reportedly opened fire in an attempt
to disperse the Congress.

History of the Papuan People’s Congress

The First Papuan People’s Congress was held on October 16–19 in 1961,
and issued a manifesto declaring their independence. The Second
Congress held in May–June 2000 issued a resolution which affirmed
their sovereignty as a people and led to the establishment of the
representative body, the Papuan Presidium Council (PDP). Just over a
year later, in November 2001, the PDP chairman, Theys Eluay was
kidnapped by a unit of Indonesia’s Kopassus Special Forces and
assassinated. In a travesty of justice which characterises the problem
of impunity for security forces in Indonesia, the perpetrators were
sentenced to between two and three and a half years.

Elsewhere in Papua: strikes at Freeport

At the same time as the Congress was underway, thousands of Papuan
workers employed by the massive Freeport copper-and-gold mine in West
Papua continued their strike to demand a substantial rise in wages.
The strike, which has hit production at the multibillion dollar
company, which is losing millions, has been met by security force
violence. Since the late 1970s Freeport has been the largest taxpayer
to the Indonesian state, while the majority of Papuans continue to
live in dire poverty: the Papuan provinces remain the poorest in
Indonesia.

West Papua Conflict

One of the world’s longest-running conflicts, the independence
struggle between the Free West Papua Organisation (Organisasi Papua
Merdeka, OPM) and the Indonesian state has been raging for 48 years,
since Indonesia took control of West Papua on 1 May 1963. The conflict
escalated when West Papua was formally incorporated into Indonesia
following the controversial Act of Free Choice in 1969.

Recent context

A period of heightened political activity in the middle of 2011,
including the holding of a Papua Peace Conference in Abepura from 5-7
July and calls for dialogue with the central government, generated
positive signs that tentative progress is being made towards resolving
the Papuan problem, but was followed by a series a violent incidents
and human rights violations. The outcomes of the Peace Conference,
organised by the Jaringan Damai Papua (Papua Peace Network) led by
Father Neles Tebay, provided an aspirational agenda for a peaceful
Papua with a series of ‘Indicators of Papua, Land of Peace.’

Note: The term West Papua covers the whole territory of West Papua,
which in 2003 was divided into two provinces: Papua and West Papua.

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15

AHRC: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People’s Congress

[West Papua Media Note: at time of writing two people have been confirmed dead: Martinus Siep (Petapa security guard) ; and Melkias Kadepa.  A full list of the dead injured and arrested is being compiled and casualties are expected to rise significantly]

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-213-2011

20 October 2011
———————————————————————
INDONESIA: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People’s Congress

ISSUES: extra-judicial killing, freedom of expression, Military, ; Police Violence, Indigenous people, Torture, Ill-treatment
———————————————————————

CAMPAIGN: End Violence in West Papua

Dear friends,

The AHRC has received information regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People’s Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 in Abepura, Papua. Concerns about the safety of the arrested persons and the need for an investigation into the killing need your urgent intervention. (photo: security forces in Papua surround the Third Papuan People’s Congress)

CASE NARRATIVE:

According to reports received by the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People’s Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

The event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua). Video material is available from MetroTV.

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them. The police has so far charged 5 persons with with article 110 p.(1), 106 and 160 of the Indonesian Criminal code, rebellion/secession (maker): Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda. Numerous Papuan political prisoners have been sentenced for up to 20 years based on this charge in the past.

At around 4pm on October 19, Mr. Kadepa, one of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura. Mr. Kadepa’s corpse was then taken for an autopsy to a local hospital. (photo: police troup truck at the incident location)

ADDITIONAL INFORMATION:

Soon after the Second Papuan People’s Congress in 2000, the elected political representative of the indigenous Papuan community, Theys Hiyo Eluay was abducted and killed by the Indonesian military. All perpetrators of the case were later aquitted. During the Third Papuan People’s Congress the participants again questioned the legality through which Indonesia claimed sovereignty over the then decolonized former Dutch Western New Guinea in a UN administered process that was later shown to have been flawed. At the event Yaboisembut, head of the Papuan Customary Council was elected as the President and Waromi as the Prime Minister of the West Papuan Federal State. The Papuan flag was also displayed at the event. These acts were seen as secessionist activities (Indonesian: MAKAR).

In other flag raising events or gatherings where political opinion were expressed in the past many persons had been arrested and subjected to torture and ill-treatment. Foreign journalists are not given access to the Papuan provinces by Indonesia and several international groups including the Red Cross have been banned from operating in Papua.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure the safety of all arrested persons, an investigation into the killing and that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the UN Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Security forces kill at least one person and arrest hundreds at Third Papuan People’s Congress

Name of victims: Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, Gat Wenda, Selfius Bobi, Mr. Kadepa and hundreds participants of congress
Name of alleged perpetrators: members of the Indonesian army (TNI), members of the mobile brigades (BRIMOB) of Regional Police of Papua province
Date of incident: 19 October 2011
Place of incident: the Taboria oval (Zaccheus Field) in Abepura, Papua

I am writing to voice my deep concern regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People’s Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 by members of the Indonesian army (TNI) and members of the mobile brigades of the police (BRIMOB).

According to the information I have received from the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People’s Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

I am informed that the event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua).

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them.

I am disturbed to learn that around 4pm on October 19, Mr. Kadepa, one of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura.

In light of the above information I am of the opinion that the killing of one person and the arrest of hundreds of participants at the Third Papuan People’s Congress by members of the Indonesian army (TNI) and members of the mobile brigades (BRIMOB) are a violation of the right to life and a violation of the right to freedom of expression and require and independent investigation.

I am therefore urging you to ensure that all human rights violations are investigated and that no persons remains detained or chareged solely for the peaceful expression of their political opinions. The Regional Police of Papua (POLDA Papua) must ensure a fair treatment of all arrested persons according to international norms and that no person is subjected to torture or ill-treatment.

I also urge you to ensure that an impartial and professional investigation into the death of Mr. Kadepa is conducted and all those found guilty are prosecuted according to the law.

I am looking forward to your intervention in this case.
Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088.
Fax: +62 21 3442223

2. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

3. Chairman of Third Commission of The House of Representative of Indonesia
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel:+62 21 5715569
Fax: +62 21 5715566

4. Military Commander in Chief
Mabes TNI, Cilangkap,
Jakarta 13870
INDONESIA
Tel: +62 21 8459-1244 / 8459-1243
Fax: +62 21 845-6805

5. Mr. Pramono Edhie Wibowo
Army Chief of Staff
Jl. Veteran No. 5 Jakarta Pusat
INDONESIA
Tlp: +62 21 3846002 / 3456838
Fax: +62 21 3848300

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

7. General of Police Timur Pradopo
Chief of Indonesian National Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

8. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

9. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

11. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006 / 525 3889 / 526 4280
Fax: +62 21 525 3095

12. Chief of Regional Police of Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

13. Chief of Jayapura city district police (Polresta Jayapura)
Jl. A. Yani No.11
Jayapura
INDONESIA
Tel: +62 967 531027
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

7

AHRC: INDONESIA: Security forces open fire at Third Papuan People’s Congress

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FOR IMMEDIATE RELEASE
PRESS RELEASE
AHRC-PRL-042-2011

INDONESIA: Security forces open fire at Third Papuan People’s Congress

(Hong Kong, October 19, 2011) At around 3pm today the security forces surrounding the Third Papuan People’s Congress in Indonesia opened fire and dispersed the event. Possible casualties are not known as of now. Several persons are reported to have been arrested, including Forkorus Yaboisembut and Edison Waromi, indigenous political leaders.

The AHRC has received reports from several credible sources about the violent intervention by the Indonesian military (TNI) and the mobile brigades of the police (BRIMOB) at the Tunas Harapan field in Abepura, Papua, where the event took place. See our earlier press release in which the AHRC reported the military and police’s aggressive approach to the event. Some reports allege that several persons have been killed.

There are fears that raids by the security forces through the town, as seen in the past, may be repeated tonight. In several past instances, the police and military tortured and shot suspects. The situation in the wider Jayapura and Abepura area remains tense. Shops are closed and traffic is blocked by the security forces.

More than 2000 members of the army and police were reported to have been mobilised.

“This violent intervention and use of firearms is a disproportional use of force to deter the participants of this event, and violates their right to freedom of expression and political opinion,” said Wong Kai Shing, Executive Director of the Asian Human Rights Commission, in response to the violence.

“The current situation requires close monitoring,” he continued. “We call on all authorities to ensure that any arrested persons are not subjected to torture and their procedural rights are protected. Any arrested persons should be charged with internationally recognised crimes based on evidence or released immediately.”

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11

URGENT – AHRC: Authoritarian style show of force at Third Papuan People’s

BRIMOB vehicle
Image via Wikipedia


PRESS RELEASE
AHRC-PRL-041-2011

Security forces in Jayapura

(Hong Kong, Jayapura, October 19, 2011) About 100 TNI soldiers and several members of the mobile brigade of the police (BRIMOB) are reported to have approached closer to the location where the Third Papuan People’s Congress in Jayapura, Papua is currently being held. The organisers fear that the mass violence frequently perpetrated by the armed forces and police may be repeated in this event.

Some journalists are reported to have been blocked from accessing the area and reporting on the event.

The West Papua National Committee called for this Third Papuan People’s Congress and one of the aims of the Congress is to select a new leadership.

“This heavy and disproportional deployment of force is a threat to the security of a peaceful gathering of indigenous Papuan people,” said Wong Kai Shing, Executive Director of the Asian Human Rights Commission. He went on to say, “It is the duty of the Indonesian authorities to protect their right to freedom of expression and assembly and to refrain from causing any intimidations or making threats.”

Thousands of indigenous Papuans joined a march in Jayapura/Abepura to inaugurate the event earlier this week. An estimated 4000 persons are reported to currently being attending the event on its third day. However, several expected participants have either left the location or decided not to attend following the heavy and intimidating show of force by the army and police. About 2200 members of the security forces were reported to have been mobilised in the wider Jayapura area.

On this third day of the event, four police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) have approached the area. More than a hundred members of the security forces have formed a cordon at the fence at the outdoor location at a 2m distance.

“For more than 50 years now, the Papuan people have not had the space to talk about their identity. As a democratic country, Indonesia should ensure public space to discuss diversity. Threats and intimidations should have no space in a country that has overcome authoritarian rule,” said Markus Haluk, a civil society leader.

Organisers fear that an intensification of the unspoken threat of action by the security forces may escalate the situation and result in many persons being injured or even killed by the ensuing violence.

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7

INDONESIA: Police in Timika kill one union protester and injure others at Freeport

URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-204-2011

11 October 2011
———————————————————————
INDONESIA: Police in Timika kill one union protester and injure others at Freeport

ISSUES: Extrajudicial killing; right to life; police violence; freedom of expression; indigenous people; labour rights
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the extrajudicial killing of trade union member Peter W. Ayamiseba and the injury of several persons in police shootings during a union protest on October 10, 2011 at PT Freeport Indonesia in West Papua. The workers were protesting against the illegal termination of their contracts following their earlier union strike for wage increases. The police appear to have used lethal ammunition against the protesters. (right: Peter W. Ayamiseba/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

CASE NARRATIVE:

According to the Chemical Energy Mining Union-All Indonesia Workers Union (Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia) in Timika, West Papua, since September 15, 2011, PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in Indonesia’s resource rich province of West Papua. The company in the past has paid military and police to run security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:
Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

On October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police from Timika District Police (POLRES) had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).
The police then fired warning shots at the protesters causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police’s use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.

(right: Hand of Chary Suripto/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient’s identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).

(left: lethal ammunition used/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah – DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the the Timika Regional General Hospital (RSUD) for an autopsy.

ADDITIONAL INFORMATION:
West Papua, Indonesia’s resource rich province, which also has the highest poverty levels in the country, suffers from extensive mining operations by multinational corporations and illegal activities by security forces. Many years of mining and export of its valuable resources have yet to result in an improvement of the living conditions of indigenous Papuans (including improvement in unemployment, education, health care). The illegal payments made to the police and military to maintain security for the mining activities indirectly creates incentives for the security forces to prolong security risks that require their intervention. Excessive force continues to be largely ignored, and perpetrators are not held accountable. The disproportional influence of PT Freeport Indonesia in public institutions in the wider Timika area, including institutions of justice, remains a serious concern. This contributes to prolonging the conflict between authorities, mining companies and the large indigenous population.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to investigate into this case immediately, and to prosecute the responsible police officers for using illegal force. In particular, it is essential that this case is not buried or ignored as most cases regarding PT Freeport Indonesia are.

Please be informed that the AHRC is sending letters on this case to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the rights of indigenous people and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their strong interventions.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Police in Timika kill one union protester and injure others at Freeport

Name of victims: Peter W. Ayamiseba, Leo Wandagau, Melkias Rumbiak, Alius Komba, Philiton Kogoya Ahmad Mustofa, Yunus Ngur W, Yusuf Kurni, Emeleanus Beanal and Chary Suripto (members of Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia/ Chemical Energy Mining Union-All Indonesia Workers Union)
Names of alleged perpetrators: members of Timika Dictrict Police
Date of incident: 10 October 2011
Place of incident: The entrance gate of the Gorong-gorong company bus transportation terminal

I am writing to voice my deep concern regarding the killing of Peter Ayamiseba, an employee of PT Freeport Indonesia on 10 October 2011 by members of Timika District Police (POLRES), when PT Freeport Indonesia employees were on strike demanding wage adjustments. Nine other protesters were also injured by the police.

According to the information I have received from the Asian Human Rights Commission, since September 15, 2011 PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in West Papua, Indonesia’s resource rich province. The company had in the past paid military and police for running security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:

Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

I am informed that on October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).

I am disturbed to learn that the police then fired warning shots at the protesters, causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, it has come to my attention that the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police’s use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient’s identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah – DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the Timika Regional General Hospital (RSUD) for an autopsy.

In light of the above information I am of the opinion that the killing of Peter W. Ayamiseba and the violation of the rights of several workers who were threatened by the police with regard to their freedom of speech and expression is in contravention of Indonesia’s constitution.

I am therefore urging you to take immediate action in this case, and to ensure that it is not buried or ignored, as happens to most cases involving PT Freeport Indonesia. An impartial criminal investigation must be conducted by a professional investigation team for police officers who were using lethal ammunition which resulted in the killing and injury of several workers. An independent investigation team should also subsequently conduct an investigation into the allegation of corruption based on the payments made by the company to the police. All those found guilty must be prosecuted according to the law.

I also urge you to ensure that PT Freeport Indonesia takes responsibility for the outcome of the conflict, for which they share responsibility and ensure that there are no more violations of labour rights.

I am looking forward to your intervention in this case.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel.: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. The Minister of Manpower and Transmigration
Jl. Jend. Gatot Subroto Kav. 51 Jakarta 12950
INDONESIA
Tel.: +62 21 5229285, 7989924
Fax: +62 21 7974488

3. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel. +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

4. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537, 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

5. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel.: +62 21 739 2352
Fax: +62 21 739 2317

6. Head of Papua Regional Police
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel.: + 62 967 531014
Fax: +62 967 533763

7. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

8. Head of Timika District Police
Jl. Agimuga No. 03, Mike 32
Timika Papua
INDONESIA
Tel.: +62 901 301974

9. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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