DPRP members say police and army chiefs should be held responsible for casualties

Bintang Papua, 25 October 2011
[Abridged in translation by TAPOL]

Jayapura: A member of the Provincial Legislative Assembly of Papua, the DPRP, had called for the Chief of Police in Papua and Commander of the Cenderawasih Military Command to be held responsible for the loss of life when the Papuan People’s Congress was broken up last Wednesday.

‘The actions of the security forces in dispersing the Congress exceeded all bounds and exceeded their authority and in so doing were in violation of the laws in force,’ said Yan Mandenas, chairman of the Pikiran Rakyat group in the DPRP.

‘They exceeded their powers in attacking and shooting people who happened to be in the location, whether or not those people were involved in the Congress.’

‘If indeed they were committing an act of subversion, then those responsible should be arrested, not beaten up and shot. This is a serious violation of human rights and should be thoroughly investigated,’ he said.   ‘This is not a trivial matter but something which attacks the self-respect of Papuan people. It seems as though  whenever anything happens in Papua, the security forces act uncontrollably and start shooting.’

‘Killing innocent people is inhumane and it is always Papuans who are the casualties. If we want to develop Papua and preserve the unitary Republic of Indonesia, then we should stop hitting out at people and treating Papuans as if they are worthless.’

As for the claim of the chief of police in Papua that the casualties were only stabbed and not shot, if this is true, there should be autopsies. ‘Why have there been no reports of the result of autopsies?’

He said that if Papua is an indivisible part of Indonesia, then why do so many conflicts occur there. ‘There have been a number of mysterious shootings, none of which has been properly investigated.’

Mandenas said that an investigation team should be set up immediately to see whether violations were committed. ‘If there were violations, then those members of the security forces who were responsible should be sacked.’

Similar views were expressed by Ruben Magay, chairman of Commission A on Politics and Law of the DPRP.

He went on to say that he had urged the chief of police to withdraw his men because it (the Congress) was already over, but what in fact happened was that even though the event was at an end, they started chasing people, hitting them and shooting at people who happened to be in the vicinity;  And no one was fighting back. ‘This is clearly a violation, with armed people shooting at random, hitting people who were not showing any resistance or carrying firearms.’

‘The National Human Rights Commission, Komnas HAM, as the competent body should carry out an investigation and say whether human rights were violated or not.’ He went on to say that the DPRP will press for an investigation team to be set up.

Meanwhile, a man named Yosep Nawipa who was happened to be in the vicinity became a casualty and was held in custody at police command headquarters. He said that he has been struck with a rifle butt by a member of the security forces, then pushed into their vehicle and taken to the police station.  ‘Just as the event was being dispersed,’ he said.   ‘I happened to pass through the location and I too was beaten up,
dragged into their vehicle and struck on the crown of my head,’ he said, pointing to the injury that he had sustained.

Journalist covering events around Freeport is beaten and injured

JUBI,  13 October 2011Dozens of journalists demonstrated in Manokwari to protest against the beating of a colleague, Duma Tato Sanda, a journalist working for Cahaya Papua, who was beaten up by workers of Freeport during a clash in Timika.and suffered from bruises and swelling  in his cheeks, lips and his waist and was punched in the chest.

Sally Pelu, co-ordinator of the Papuan Peoples Solidarity Action for Press Freedom, said ‘Journalists are continually being subjected to acts of violence and there is no guarantee that we can do our work of gathering information freely.’

The journalists condemned the violence used against their colleague and called on the DPR, the central legislative council, to support the right of journalists  to conduct their work freely.

The journalists met a member of the DPRP West Papua, Jaxat who apologised for the fact that many members of the DPRP were absent, because they were involved in other activities.

According to reports, Duma also lost his camera, handphone and motor-bike which were all seized by Freeport workers. ‘They beat me , grabbed my camera and took my motor-bike,’ said Duma.

When he was attacked he was gathering information about the burning of three trucks belonging to Freeport which had been set on fire by Freeport workers. The trouble occurred after people heard that three of their colleagues had been shot dead during a demonstration. ‘I said that I was a journalist but nevertheless they beat me and threw stones at me. Luckily, someone came by on a motor-bike otherwise I could have been killed from being beaten by so many people.’

He went on to say that he was later chased by about ten people, ‘my sandals fell off while some people pelted me with stones.’

Johannes Samuel Nussy, the chairman of the Timika Community of Journalists, also condemned the acts of violence against Duma and said that another journalist working from Radar Timika, Syahrul was also attacked by Freeport  workers in Gorong-Gorong, Timika and was bruised in his face. He said: ‘They beat me because they didn’t want journalists to be there,’

According to  Johannes, some journalists in Timika have formed a relationship with Freeport. ‘They see the work of journalists as something threatening.. They say we are defending Freeport, which is not true. We hope that the workers trade union can urge their colleagues  not to see journalists as a threat.’

DAP chairman calls for the withdrawal of police and army from around Freeport

JUBI, 13 October 2011In connection with the shooting dead of Petrus Ayamiseba  who worked at the catering department for workers at Freeport, the Dewan Adat Papua  has declared that  it is essential to withdraw army and police troops from area around the Freeport mine.

Speaking on behalf of DAP, Dewan Adat Papua, Forkorus Yaboisembut said that the chief of the Indonesian police, the chief of police in Papua and the commnder of the XVII Cenderawasih Command should withdraw all their troopa who are currently deployed in the vicinity of the mine. He said that it was important for the police and the security forces to stop exerting pressure on the company. They should also be ordered to stop exerting pressure on the workers.

‘The security forces should stop interfering in any way with the company,’ he said. ‘The two sides involved in a dispute must find a solution together. If they are subjected to pressure, the dispute will never be solved,’ he said.

He also said that the Indonesian govrnment should urge the company to provide a clarification about its  revenues. ‘If the government can convince the company to review the wages that they  pay to the workers, the dispute can be speedily resolved,’ he said.

Meanwhile, the lawyer, Yan Christian Warinussy said that the shooting of Petrus Ayamiseba was a gross violation of human rights, and he hoped that the Papua branch of the National Human Rights Commission would speedily hold a meeting with  the chief of police in Papua, Police Inspector-General  Bigman Lukkaman Tobing to press for this shooting incident to be resolved in the human rights court. He said that if this does not happen,  the police will claim that this was nothing more than a criminal act.

He want on to say that the shooting to death was a breach of Law 39/1998 regarding safeguarding actions undertaken by the people.

Warinussy also said that  the company should halt all their provocative actions. ‘The company and the workers should sit down together to discuss the rights of the workers.’

Warinussy said that he was currently in Timika and was carrying out his own investigations and he said that he would be having a meeting with the chief of police in Mimika and with the company. The results would be conveyed to the chairman of the  Papuan branch of the National Human Rights Commission. Matius Murib.

Petrus Ayamiseba who was 36 years old died when he was struck by a burning rod of tin belonging to the police while he was taking part in a demonstration at the Gorong-Gorong Terminal.

During the incident, another person was also killed, namely  Jamil, a member of Brimob.

Three hundred Freeport workers ordered home

Bintang  Papua, 14 October 2011Freeport orders 300 workers to ‘go home’

Timika: Reports that workers at Freeport have intimidated and threatened  other workers for refusing to take part in demonstrations and not wanting to go on strike have led to around three hundred Freeport workers being order to go home [dirumahkan’], according to the management of Freeport-Indonesia. Sixty of the three hundred  are staff-level employees joined the strike that commenced on 15 September.

The president-director and CEO of Freeport, Armando Mahler in Timika said on Thursday that the decision to order them home  was taken because they  were involved in intimidating workers who remained at work  and did not join the strike. ‘At the time, many of of the workers felt afraid and threatened. They fled from their barracks and went into hiding. The families of some of the workers who continued to work were also warned that their homes would be burnt down,’  said Armando.

He went on to say that after the strike is over and operations at the Freeport return to normal, the management intends to conduct an investigation to determine what mistakes each of the workers who were ordered home  had made.

Additionally, the director-executive, vice-president  and chief office administrator of the Freeport, Sinta Sirait, said that the decision to order home hundreds of workers meant that the third summons [see below] issued to non-staff employees who had joined the strike was in accordance with the Joint Working Agreement which had been agreed with the workers trade union, the SPSI.

Sinta called on all sides to respect the terms of the agreement that had been reached and not treat it as nothing more than a lip service. ‘We urge the workers not to think that being ordered home and then returning to work is only about establishing good industrial relations with the company.’

Another  manager of the company, John Rumainum said that in a spirit of goodwill, the company had called on the workers to return to work. The first summons was issued on 26 September,  followed by the second summons issued on 29 September and the third summons issued on 4 October.

He went on to say: ‘Those workers who returned to work before the third summons will be exempt from any sanctions But those who returned to work after the third summons, would be treated in accordance with the regulations…

He then said that all the sanctions issued by the company  would be reviewed, once the workers had returned to work.

[Translated and slightly abridged by TAPOL]

[COMMENT: This report reveals the attitude of the company towards hundreds of its employees who were clearly seeking to improve their working conditions during a strike that has been marked by  persistent threats from the company that runs one of the foremost and most profitable mines in the world. TAPOL]

Kontras condemns police shooting of Freeport workers

Kontras, the Commission for the Disappeared and Victims of Violence has condemned the shooting of Freeport workers who were seeking negotiations with the management of the company. Since the commencement of the strike on 15 September there has been no sign that the management is seeking to provide the space for dialogue which could accommodate the interests of the two sides.

During an action on 10 October, the workers protested against the company for recruiting new workers to replace those now on strike. We have received information that some eight thousand workers  were involved in this action. They marched from the secretariat of the SBSI, the trade union, to the culverts, a distance of about 500 metres along a road that was six metres wide. A short distance away, hundreds of policemen were standing on guard.

The police tried to disperse the workers action as they were seeking to meet the management of the company.. Having failed to meet the management, the workers burned some vehicles believed to belong to the company. The police then opened fire on the workers: Petrus Ayamiseba  who works in catering at the company  was shot in the waist and died. Six others were wounded, Leo Wandagau, Alius Komba, Melkius Rumbiak, Yunus Nguliduan, Philiton Kogoya and Ahmad. Some of the policemen were also injured.

We regard the shooting and violence as an act of intervention and intimidation against industrial relations as guaranteed in Law13/2003 on Labour Affairs. The government, in this case the Department of Labour and Transmigration, should be playing a role to guarantee the basic rights of the workers as stipulated in that law, in particular with regard to legal procedures in article 137.

Furthermore, it is clearly stated that no one shall interfere with strike actions undertaken by the workers. (article 143) and workers on strike may not be replaced by other workers in any form whatsoever (article 144).

The presence and acts of violence by hundreds of police have damaged the efforts of the workers  to seek negotiations with the namagement. The police have clearly sided with Freeport  by undertaking  patrols and protection of the company and have been receiving monthly contributions (see letter from head of operations no b/918/IV/2011). The function of the police should  be to protect the people,

The shooting and acts of violence have also violated a number of regulations. Internally, the police should implement the regulations of the police  Furthermore the police have also violated a number of other laws such as the Human Rights Law of 1999 and Law 12/2005 on Ratification of the Covenant on Civil and Political Rights.

Kontras therefore calls on the police:

1. To conduct a thorough investigation into the shooting and acts of violence that occurred on 10 October,

2. To pursue legal procedures  that are impartial, credible, accountable and transparent with regard  to the shooting and acts of violence.

3. Should take steps to ensure that the police maintain their independence in all industrial relations disputes so as to ensure that they do not trigger acts of violence and other breaches of the law.

Jakarta, 10 October 2011

[Translated by TAPOL]

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