End the theft, end the violence, close Freeport now Joint statement in solidarity with Freeport Indonesia worker – Indonesian Labour Unions

October 20, 2011

PT Freeport Indonesia,  a subsidiary of Freeport McMoran Cooper and Gold – of which 90.64 percent of the shares are owned by Freeport CEO James R. Moffet – is the largest mining company in the world. Freeport contributes 95 percent of the entire production of gold by Freeport McMoran and a significant percentage of its copper production.The controversial corporation obtained the exploration and mining rights through Work Contract I, several months before the enactment of Law Number 1/1967 on Foreign Capital Investment and Law Number 11/1967 on the Basic Provisions of Mining during the rule of the New Order regime of former President Suharto. Odd but true!

Work Contract I was then renewed by Suharto in 1991. As a result Work Contract II will expire in 2040 and the area of exploration and exploitation was extended to cover 6.5 percent of the total territory of Papua province. It also includes the right to conduct of underground exploration. Freeport began operating 44 years ago but it was not until 1971 that the company began extracting minerals (gold, copper, silver, molybdenum and rhenium).

In the first decade of its operations, Freeport extracted more than 1 million tons of gold, copper and shiver annually. By 2010 this had reached 3.4 million tons a year. Freeport reaps profits of as much as 114 billion rupiah a day, so in one year Freeport’s net profit is a high as 41.04 trillion or US$45.60 billion.

The irony is that the total combined wages of all Freeport’s employees is only 1.4 trillion rupiah a year or $2.1-3.5 dollars US per hour. This is far lower than the wages received by Freeport workers in other countries who receive US$15 or 128,250 rupiah per hour. The proportion received by workers is only 3.4 percent of Freeport’s total profits and 60 percent of its net profit are turned over to Freeport McMoran.

Based on this compression, it is understandable that the Freeport Indonesia All Indonesia Workers Union (SPSI) is demanding a wage increase of between US$17.5 to US$43 per hour. Never mind that Freeport workers in the US receive 30-250 dollars US per hour. Meanwhile the wage increase awarded to Freeport Indonesia workers every two years have only been US40c an hour.

The Freeport Indonesia management meanwhile has responded to workers’ demands with accusations of separatism, psychological intimidation, prohibiting workers from joining the strike, criminalisation of workers and most recently repressive acts by police that resulted in the fatal shooting of two people, Petrus Ayamiseba and Leo Wandagau, and the wounding of seven others.

Acts of violence involving Freeport are not new. During its 44 years of theft, there have been numerous cases of violence in Papua and the Freeport mining area of Timika against Freeport workers and indigenous Papuans.

This clearly demonstrates that Freeport is using violence as a tool and means to secure its vital assets. And, of course, the state since the time of the Suharto regime through to the current administration of President Susilo Bambang Yudhoyono and Vice President Boediono, has fully supported Freeport’s interests.

It is already public knowledge that since the 1970s Freeport Indonesia has been providing a huge sums of money for security. A number of documents have cited that between 1998 and May 2004, Freeport paid at least 20 million dollars (around 184 billion rupiah) to the TNI (Indonesian military) and the police in Papua. There has also been an additional 10 million dollars (around 92 billion rupiah) paid to the military and police over this period bringing the total to around 276 billion rupiah. And as admitted by the Papuan regional police themselves, out of a total of 720 police and military personnel that are deployed in the Freeport exploration area, each officer receives 1.25 million rupiah a month in additional wages outside of regular funds.

In contrast to this, in 2011 the Central Statistics Agency (BPS) recorded that the poverty rate in Papua province stood at 80.07 percent or 1.5 million people living in poverty. This is clear evidence that Freeport does not provide any contribution to the welfare of the Papuan people.

Freeport, which is the largest gold and cooper mine in the world, not only steals the country’s natural wealth, muzzles democracy, violates human rights and impoverishes the Papuan people, but also destroys the environment. In a single day of operation, Freeport disposes 230,000 tons of waste into the Aghawagon River and other rivers in the vicinity. The acid rock drainage, or the disposal water containing acid (around 360,000-510,000 tons a day), has already destroyed two valleys covering an area of 6.5 kilometers to a depth of 300 meters.

It becomes increasingly clear that there are no grounds to for Freeport Indonesia to be allowed to continue its exploration and mining activities. Freeport must be closed down!

Based upon the fact above we make the following demands:

– The withdraw all non-organic TNI and police personnel from the Freeport area and Papua
– The arrest of James Moffet, Freeport Indonesia President Director Armando Muhler, Freeport Executive Vice President Sinta Sirait and company spokesperson Ramdani Sirait
– The broadest possible dialogue for the Papuan people that is democratic and free from coercion
– A full investigation into human rights violations at Freeport and in Papua;
– An end to union busting
– An end to the use of contract labour
– An international standard wage
– Freeport must be held liable for its past and current crimes
– Dismiss the national police chief, the Papua regional police chief and the Timika district police chief
– Freeport must take responsibility for the environmental damage it has caused

We call on all people, let us unite. We are the 99 percent in the world who are oppressed. Freeport, James Moffet, President Yudhoyono and Vice President Boediono, the political elite and the Indonesian political parties that benefit from Freeport, are the 1 percent that oppresses the rest of us. Yesterday it was Petrus Ayamiseba and Leo Wandagau who were murdered. Next anyone who resists will suffer the same fate. We must therefore unite, act in solidarity and fight back!

44 years of theft, 44 years of state protection, end the violence and close Freeport now

Jakarta, October 20, 2011

Tri Puspital
Public Relations Officer

This joint statement is supported by:

The Student Alliance Against Neoliberalism (AMAN), the Working People’s Association (PRP), the People’s Liberation Party (PPR), the Commission for Missing Persons and Victims of Violence (Kontras), the Papua Student Alliance (AMP), the Free Women’s National Network (Perempuan Mahardika), the Papuan Traditional Social Community Against Corruption (Kampak), the Indonesian Legal Aid and Human Rights Association (PBHI), the Indonesian Trade Union Congress Alliance (KASBI), the National Solidarity Committee (KSN), the Papuan NGO Forum for Cooperation (Foker Papua), the PT Freeport Indonesia All Indonesia Workers Union (SPSI PT FI), the National Students Front (FMN), the Association of Independent Trade Unions (GSBI), the Indonesian Independent Union (SMI), the Greater Jakarta Workers Federation of Struggle (FPBJ), the Indonesian Center for Labour Struggle (PPBI), the Student Struggle Center for National Liberation (PEMBEBASAN), the Indonesian Transportation Trade Union of Struggle (SBTPI), the Working People’s Association-Organisational Saviours Committee (KPO-PRP), the Green Indonesia Union (SHI), the State Electricity Company Trade Union (SP-PLN) and the United Student Action (KAM Laksi).

[Translated by James Balowski.]

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.

Imparsial: Urges SBY to speedily resolve the Papua Problem

Bintang Papua, 21 October 2011Jayapura: Imparsial had condemned the shooting that occurred on 19 October during the Third Papuan People’s Congress which was held at the Zakeus field and has called on the president, Susilo Bambang Yudhoyono  to take measures to resolve the Papuan problem as quickly as possible.

‘There should have been no loss of life or the injuries; what happened has only made the situation in Papua worse than than ever and is not in accord with the pledge made by the president – SBY -in his address on the occasion of 17 August this year that the situation in West Papua must be handled with care.

In an open letter. Poengky Indarti, executive-director of Imparsial said that the use of excessive force  by the security forces, alleging that the congress was engaged in subversion ws totally unjustified.  ‘ The mobilisation of the security forces  which was very un-coordinated  has only resulted in Papuan people feeling more insecure,’ said Indarti.

‘Now is the time to resolve the problems in Papua by means of good communication with the Papuan people.’ she said. The continued use of force and violence  will not only destroy the Papuan people’s confidence in Indonesia, but will also undermine the confidence of the international community in the the president’s respect for human rights principles.’ Imparsial called on all sides to do everything to preserve  peace in Papua, by showing respect for human rights.

According to the Papuan branch of Komnas HAM, the National Human Rights Commission, the six people who died were: James Gobay, 25 years old, Yosaphat Yogi 28, Daniel  Kadepa  25, Maxsasa Yewi 35, Yacob Samonsabra 53, and Pilatus Wetipo. 40.

Those under arrest include Forkorus Yaboisembut, chairman of the Papuan Customary Council, and Edison Waromi who will face the charge of subversion under article 106 of the Criminal Code.

Others currently being interrogated include: August Makbrawnen Sananay Kraar, Selpius Bobii, chairman of the Congress, and Dominikus Sirabat, a Papuan human rights activist.

AWPA: CHOGM leaders should condemn the brutal crackdown on the West Papuan people

Press Release
The Australia West Papua Association (Sydney)

24 October 2011

AWPA is calling on the CHOGM leaders (who will meet in Perth) to condemn the brutal crackdown on the West Papuan people .

In a bid to make CHOGM relevant the Commonwealth leaders will discuss a special eminent persons’ report on renewing the organisation. Prime Minister Julia Gillard said talks will focus on “the role of the Commonwealth in the age in which we live and how we can strengthen it for the future”

The report warns the Commonwealth must “focus fresh attention on violations of human, political and civil rights if it is to continue to command attention on behalf of its member states and retain the respect of its own people”.

Joe Collins of AWPA said “obviously CHOGM will focus on its own member states however, many of the CHOGM countries are regional neighbours of Indonesia and some like Australia and New Zealand help train and aid the Indonesian security forces. Human rights should be universal and organisations such as CHOGM should make a statement of concern about the human rights situation in West Papua. If enough pressure is put on Indonesian it may hold its military to account for human rights abuses.

Background
At the end of the 3rd Papua People`s Congress the delegates raised the West Papuan national flag, the Morning Star flag. The security forces immediately began fireing live rounds to disperse the assembly. Six people were killed.

up to 300 hundred were arrested and many were beaten by the security forces with batons, bamboo poles and the butts of their rifles

Six delegates have been charged with treason.

Open Letter from ILWP to Inspektur Jenderal Drs BL Tobing Papua Police Chief

International Lawyers for West Papua

http://www.ilwp.or
secretariat@ilwp.org

Inspektur Jenderal Drs BL Tobing
Papua Police Chief
Regional Head of Police (Kapolda)
JI. Samratulangi No. 8 Jayapura
Papua

Fax: +62 967 533763
21 October 20
Dear Kapolda,

We, the International Lawyers for West Papua, respectfully seek to remind you
of your duties under international law.

It has been reported from a police source (Republika, 19 October 2011) that
approximately 600 people were arrested at the Third Papua Congress, a peaceful
assembly at which the Papuan community were gathered to discuss their future.
Other media outlets have reported that between four and seven people were
killed and many others injured after security services opened fire on the
assembly and that hundreds more were beaten before being taken into custody.

As a Police Chief you are an agent of the Indonesian State and you are bound to
obey the human rights standards set by international law, particularly the
International Covenant on Civil and Political Rights (ICCPR) which Indonesia
acceded to on 23 February 2006. We also remind you of your obligations under
the Indonesian Human Rights Act and Human Rights Courts Act.

The right to freedom of assembly is protected by Articles 21 and 22 of the
ICCPR. The right to free speech is guaranteed by Article 19 of the ICCPR. The
people of West Papua are entitled to meet and discuss freely their opinions,
including their right to self-determination and their desire for independence
and self-government. If they have been arrested for doing so, they are
prisoners of conscience and must be released immediately.

We therefore request that you immediately confirm the basis for the arrests and
ensure that all detainees that were injured during the violence have access to
medical care. We also request that you:

Comply with Articles 19, 21 and 22 of the ICCPR and release any detainees
held for engaging in peaceful assembly;
Comply with Article 7 of the ICCPR and guarantee that all of those detained
will not be tortured or otherwise ill-treated while in detention;
Comply with Article 14 of the ICCPR and allow all detainees immediate
access to a lawyer of their choosing;
Comply with Article 2 of the ICCPR in instituting a full and thorough
investigation of the extra-judicial killings and violence at the assembly in
breach of Articles 6 and 7 of the ICCPR.

Thank you for taking the time to read this letter.

Yours sincerely,

International Lawyers for West Papua

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