AMNESTY INTERNATIONAL WELCOMES RELEASE OF PAPUAN STUDENTS IN MANOKWARI

AMNESTY INTERNATIONAL PUBLIC STATEMENT

 30 September 2011

Index: ASA 21/ 029 /2011

Amnesty International welcomes the decision of the Manokwari District Court on 27 September 2011 to acquit four of the five students arrested in Manokwari, West Papua province, for their involvement in a peaceful protest. The organization hopes that the court’s decision is an indication of greater respect for freedom of expression and peaceful assembly in the province and calls on the Indonesian authorities to immediately and unconditionally release all other prisoners of conscience in Indonesia.

The students were arrested on 14 December 2010 with two other activists while taking part in a peaceful march and ceremony in Manokwari, West Papua province, protesting against injustice and human rights violations by the Indonesian security forces against Papuans. During the ceremony the “14 Star Flag”, a symbol of West Melanesian independence, was raised.

Police then arrested seven people: Melkianus Bleskadit; Daniel Yenu, a priest; and five students – Jhon Wilson Wader, Penehas Serongon, Yance Sekenyap, Alex Duwiri and Jhon Raweyai. All seven were charged with “rebellion” under Article 106 of the Indonesian Criminal Code which carries a maximum sentence of life imprisonment, and with “incitement” under Article 160.

On 18 August 2011 the Manokwari District Court sentenced Melkianus Bleskadit to two years’ imprisonment while Daniel Yenu was sentenced to seven months and 16 days’ imprisonment on 23 August 2011 and has now been released. Four of the students were acquitted and released on 27 September 2011; however the fifth student, Jhon Rawayei, was found guilty of “rebellion” and sentenced to nine months and 17 days’ imprisonment. He is due to be released soon as he has spent more than nine months in detention.

Amnesty International is aware of at least 90 political activists in the provinces of Papua and Maluku who have been imprisoned solely for their peaceful political activities. Amnesty International considers them to be prisoners of conscience, and calls for their immediate and unconditional release.

The International Covenant on Civil and Political Rights (ICCPR), to which Indonesia is a state party, and the Indonesian Constitution guarantee the rights to freedom of expression, opinion, association and peaceful assembly. While the Indonesian government has the duty and the right to maintain public order, it must ensure that any restrictions to freedoms of expression and peaceful assembly are no more than is permitted under international human rights law.

Amnesty International takes no position whatsoever on the political status of any province of Indonesia, including calls for independence. However the organization believes that the right to freedom of expression includes the right to peacefully advocate referendums, independence or any other political solutions that do not involve incitement to discrimination, hostility or violence.

Four Papuan students acquitted of makar charges in Manokwari

From Tapol

Four Papuan students acquitted of makar charges

According to report received today from the defence team of five Papuan students from UNIPA university, four of the five men have been acquitted by a court in Manokwari and will be released immediately.

They had faced the charge of makar – subversion – in connection with
their involvement in an event to mark the anniversary of the
proclamation of the Independence of the Republic of West Melanesia on
14 December last year.

The four acquitted men are Alex Duwiri, John Wilson Wader, Penehas
Serongan and Yance Sekeyab.

The fifth student, John Raweyai, who had jumped onto the platform to
speak on the issue was found guilty and sentenced to nine months, with
deduction for the time already served in detention.

Yan Christian Warinussy, a member of the defence team, described the
acquittal as a courageous decision by the panel of judges. He said that the men were the victims of mistaken arrest and investigation by the police who took them into custody.

Freeport Mine Managers turn rabid on Indonesian Grasberg Strikers

Grasberg mine
Image via Wikipedia

PT Freeport Mine Managers Turn Rabid on Indonesian Grasberg Strikers
26 September 2011

ICEM InBrief

Government-mediated talks broke off last week and labour relations further soured between Freeport-McMoRan and 8,000 striking Indonesian miners of ICEM affiliate FSP-KEP (SPSI), the Trade Union of Chemical, Energy, and Mine Workers (CEMWU). The PT Freeport Indonesia Workers’ Union this week meets the halfway mark of its 30-day strike that now could be prolonged at the world’s largest gold and third largest copper mining complex – Freeport McMoRan’s Grasberg mine in eastern Papua Province, New Guinea Island.

Management spite was apparent at the strike’s start on 15 September and it worsened following the breakdown of three days of talks with the Manpower Ministry in Jakarta on 22 September. PT Freeport managers relieved 138 union shop stewards of their job duties on Friday. The union responded by stating the strike likely will be extended beyond 15 October.

Since the wage, pension, and community funds strike started, managers have coerced workers to return to work with threats of dismissal, they have pressed contractors’ employees into production, and now they try to decimate the union by sacking union stewards and isolating the branch union’s other leaders.

PT Freeport management has attempted to coerce workers to sign a statement saying they will return to work or face getting fired. But despite this, only 500 workers are manning operations and many are staff of contractors. (See a list of contractorshere.)

Freeport-McMoRan last week issued a statement last week saying it was losing three million pounds of copper production daily, and 5,000 ounces of lost gold output daily. To increase pressure on miners to abandon the strike, the company also warned of lost revenues to the Indonesian government and to the seven native groups around Timika, Papua, that Freeport-McMoRan is obliged to support.

The opening salvo came at the strike’s outset when Managing Director Armando Mahler announced a “no-work, no-pay” policy. After last week’s mediation failure, union and government sources said “complete distrust” exists between Mahler and his team and the union.

Thus, PT Freeport Indonesia Workers’ Union asked that US-based Freeport-McMoRan Chairman James Moffett enter discussions. Mine union leaders remember Moffett’s visit a few years ago when he encouraged workplace leaders to engage in “win-win” principles of labour relations.

At last week’s mediation, PT Freeport, 91% owned by Freeport-McMoRan and 9% by Indonesia’s government, said it would not budge from a wage offer of 11% in each year of a two-year accord. (The bi-annual contract comes due on 1 October.) The average miner’s wage rate at Grasberg is US$1.50-per-hour. The union was seeking a doubling of that to US$3-an-hour but in mediation last week, the FSP-KEP miners’ branch union offered a compromise and proposed a 65% increase. The company would not move from 11%.

It has offered slight increases in education and housing support and in shift pay, but has said it would not deviate from wage increments that other foreign investors pay in Indonesia. It also refuses to base a pension scheme – 50% paid into by workers – on multiplied years of service, or hear the union’s demands for enhanced development and opportunities for the indigenous people of Papua.

Grasberg is Freeport-McMoRan’s biggest revenue maker and a year ago, the company’s chief financial officer called it “very low cost and a high cash flow generating asset with a very long life.” The company’s revenues this year from Grasberg are expected to be lower because it is mining lower-grade sections of the open pit mine. But Freeport-McMoRan is bullish on the future; it is developing a deep underground mine adjacent to Grasberg that contains high grades of copper and gold in the same ore body.

The ICEM has intervened in this dispute and through its Indonesian Affiliates’ Union Chairman, D. Patombong Sjaiful of FSP-KEP’s CEMWU, is giving direct aid and support to the Grasberg strikers. They need the solidarity and support of all miners and all trade unions in mining and other industrial sectors. Please send a short message in your own words to the PT Freeport Indonesia Workers’ Union.

In ICEM outreach to the union, when asked to characterise the strike, one officer responded by saying, “determination. That’s the one word that describes workers. We’re determined to change our future through the work we do for this company.”

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.’

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.”

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