Customary communities affirm their rights to land near Freeport Mine

JUBI, 11 November 2011Seven  customary communities living in the location of the Freeport-Indonesia PTFI mine have asserted their rights to land  in the location of the Freeport mine in a press release and called on the company to properly sort out the issue.

In a letter from the seven communities, co-ordinator the group, Markus Timang said:

‘We have read the Memorandum of Understanding between LEMASA (Customary Community of the Amungme people) and PTFI regarding human resources, social-economic resources, human rights, customary rights and the environment which was signed in New Orleans, USA on 13 July, 2000.’

In that agreement, the seven communities acknowledged the contemplations and discussions between the heads of the communities. With particular reference to Article 3 of the MoU regarding the rights and responsibilities of PTFI, the company acknowledged and respected the customary rights of the Amungme and Kamoro communities.

Timang said that  the communities have agreed that it is vital for the NKRI (Republic of Indonesia), the PTFI and the owners of the customary rights to ensure that all problems related to the PTFI should not be manipulated by elements who have no customary rights to the land. ‘It is our opinion that that the PTFI should not start reaching agreements about customary rights with persons who are not connected with the location. With regard to problems arising in connection with this land, the PTFI must make contact with those who are directly involved, including ourselves as customary owners of the land to ensure that the problem is properly, fairly  and justly handled.

In response to this affirmation, several customary community  leaders and social leaders in Timika have questioned why Markus Timang has issued such a statement without  reaching agreement with other, more elderly leaders. ‘We know nothing about all this. We need to have your confirmation whether indeed it was you who issued this statement,’ said Abraham Timang, executive assistant of LPMAK, the group responsible for managing the one-percent contribution from PTFI.

Furthermore, other customary leaders have raised questions with regard to community leaders who were involved in a joint agreement that was reached on 10 November this year.

Neles Tebay welcomes the readiness of the government to enter into dialogue with Papua

Bintang Papua, 9 November 2011Jayapura:  Pastor Neles Tebay, co-ordinator of the Papua Peace Network has stated today that he has received information that the central government is willing  to have a dialogue with the Papuan people. He said that the offer from the goverenment, by the Minister-Coordinator for Politics and Law  to enter into construction communications with the Papua people was welcome.

‘We Papuan people should welcome the constructive communications being offered by the government, as the way to resolve all the crucial problems in Papua. Even though it is not entirely clear,  the willingness  to communicate with the Papuan people is a sign of good will and means that the government is very concerned about Papua.’

However, he said that the government must explain to the Papuan people what it means by constructive communications, and what form the government intends this to take. Are there phases through which this will pass This needs to be clarified.

We have only been hearing recently about Constructive Communications without it being made clear what this means. This needs to be brought within the context with the perception of the Papuan people for entering into dialogue between Jakarta and Papua.

He said that a meeting should be held with the Papuan people who want dialogue. In such a meeting, it should be possible to clarify the substance of a Jakarta-Papua Dialogue and Constructive Communications. This meeting should discuss the format of dialogue and the format of constructive communication that would be acceptable to both sides.

He expressed his optimism that there will be a resolution to the problem for the Papua people.

More Brutal Footage emerges from Congress crackdown

Fresh footage has emerged from last month’s brutal crackdown by Indonesian security forces on the Third Papuan People’s Congress in Abepura on October 19.

SBS Television broadcast the following footage which was also sent to West Papua Media.  The footage shows plain clothes and uniformed security personnel shooting hundreds of rounds into the crowd, beating and brutalising scores of participants, and violently attacking the elected President of the West Papuan Transitional Government, Forkorus Yaboisembut.

West Papua Media has also been provided with the remainder of the Congress footage through a source inside West Papua (via Tapol/ Down to Earth).  We have decided to make this available for the use of all media.  Please spread  widely.  Please be aware this contains images of extreme Indonesian state violence against unarmed civilians.

 

MEDIA NOTE:  For access to this original footage, please visit the contact page on this site and send an email or contact the number.

SIGHTS AND SOUNDS FROM THE FREEPORT DISPUTE

by Lococonut

via our partners at EngageMedia.org

A snippet of footage and chatters around the Freeport strike in West Papua. The Freeport workers’ union says it is a matter of simple “revenue transparency”, the international trade union says the dispute “has nothing to do with” West Papua politics, and a worker recorded in his video testimony that the walk-out was something “important” and worth keeping.

 05:36
video information
produced by Lococonut
produced Nov 04, 2011
FULL DESCRIPTION

The Geneva-based International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), its Australian affiliated group Australia’s Construction, Forestry, Mining and Energy Union (CFMEU) and the Freeport Indonesia Workers’ Union, SP KEP SPSI, met in Jakarta from October 30 to November 2, 2011.

In this video, SP KEP SPSI was represented by Airan Koibur, ICEM was represented by Information and Campaign OfficerDick Blin, and Wayne McAndrew spoke for the CFMEU.

AI – Government must act on Komnas HAM’s findings of human rights violations at Papuan Congress

AMNESTY INTERNATIONAL  PUBLIC STATEMENT

8 November 2011

The Indonesian government must immediately act on the Indonesian National Human Rights Commission’s (Komnas HAM) findings that human rights violations were committed by Indonesian security forces at the Third Papuan Peoples’ Congress on 19 October 2011.

The Komnas HAM investigation team found a range of human rights violations allegedly committed by the Indonesian security forces, including opening fire on participants of the peaceful gathering and beating and kicking them. The Commission, which made its findings public on 4 November 2011, has called on the Indonesian National Police chief to investigate these human rights violations.

It was reported on 7 November that the President’s office had rejected the findings of Komnas HAM, stating that the police were still handling the case.

The Indonesian authorities must initiate an independent, thorough and effective investigation into the Commission’s findings. If the investigations find that the security forces committed unlawful killings or torture or other ill-treatment, then those responsible, including persons with command responsibility, must be prosecuted in proceedings which meet international standards of fairness, and victims provided with reparations.

The failure to bring perpetrators of these violations to justice in fair trials will reinforce the perception that the security forces in Papua operate above the law and fuel the ongoing climate of mistrust towards the security forces there.

On the afternoon of 19 October 2011, police and military units violently dispersed participants of the Third Papuan People’s Congress, a peaceful gathering held in Abepura, Papua province. The bodies of Demianus Daniel, Yakobus Samonsabara, and Max Asa Yeuw were found near the Congress area. An estimated 300 participants were arbitrarily arrested at the end of the Congress. Most were released the following day but six have been charged. Five people were charged for “rebellion” and “incitement” under Articles 106, 110 and 160 of the Criminal Code, while one was charged for “possession of weapons” under Emergency Law No. 12/1951.

According to Komnas HAM, the three people who were found dead had gunshot wounds on their bodies. The Commission was not able to confirm whether they were killed by the police or military, and have called for police forensics investigators to examine the bullets. Komnas HAM also found that at least 96 participants had been shot, kicked or beaten by police officers.

Komnas HAM further reported that security forces had raided a Catholic monastery and seminary. They shot at the building and broke the windows when the monks refused to hand over alleged separatists to the police. Many Papuans are now afraid to leave their homes because of the continued security checks and raids. The Commission also raised concerns that security forces had confiscated mobile phones, laptop computers, printers, cameras, cars, motorcycles and millions of rupiah in cash, and called for these items to be returned to the owners.

The Commission stated, contrary to statements by the Indonesian authorities that the Congress was illegal, that the Indonesian Minister of Law, Politics and Security had in fact directed the Director General of Regional Autonomy at the Home Affairs Ministry, to attend the Congress and give the opening speech.

The Commission made a series of recommendations including calling on President Susilo Bambang Yudhoyono to accelerate the dialogue with the Papuan people and to evaluate the deployment of a large security presence in the area.

The Komnas HAM investigation indicates that security forces appear to have violated the rights to life and to freedom from torture and other ill-treatment, both of which are non-derogable under the International Covenant for Civil and Political Rights (ICCPR), to which Indonesia is a state party.

By using unnecessary and excessive force and firearms against the participants, the Indonesian security forces have also violated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which Indonesia has also ratified. Moreover, the right of all people in Indonesia to be free from torture and other ill-treatment is guaranteed in the Indonesian Constitution and the 1999 Law on Human Rights.

The actions of the security forces also appear to contravene the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials which provide, among other things, that force should be used only as a last resort, in proportion to the threat posed, and should be designed to minimize damage or injury.

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