Tag: Papua

State is obliged to protect striking PT Freeport Indonesia workers

Statement by the Coalition for the Freeport Indonesia Workers’ Struggle – September 28, 2011

We fully support the strike by PT Freeport Indonesia workers for better wages and conditions. The government must guarantee legal protection to the workers and protect them against intimidation and threats while they are on strike and conducting negotiations with the company in accordance with Law Number 13/2003 on Labour.

The strike by around 8,000 PT. Freeport Indonesia employees in Timika, West Papua, is to demand that the management bring their wages into line with PT Freeport Mc Moran wage standards in other countries. Freeport currently pays its workers as little as US$1.50 and hour and workers are demanding that this be increased to US$3 (25,000 rupiah) an hour. Freeport workers in other countries currently receive an hourly wage of US$15 or 128,250 rupiah per hour.

The Freeport management has refused to fulfill the workers’ demands. A tripartite meeting has been held between the government, Freeport management and workers, but the workers have still not succeeded in reaching an agreement.

Since the strike began on September 15, there have been numerous incidents of pressure and intimidation against the workers, either directly by the Freeport management or through the arrogant actions of the police and the Mobile Brigade (Brimob).

This includes the attempted shooting of PT Freeport Indonesia All Indonesia Workers Union (SPSI) chairperson Sudiro on September 11, the removal of employees’ rights through the “No Work, No Pay” letter, pressure on striking workers and apprentices to leave Tembagapura, contract workers being forced to work for 12 hours straight to meet production losses during the strike, replacing contract workers with as many as 100 strike breakers sent from Jakarta by the companies PT. Tri Parta Jakarta and PT. Komaritim, forced removals from the workplace and employees being forcibly picked up at their homes using DS-1643 and DS-1500 vehicles.

There has also been intimidation from PT Freeport Indonesia foreign workers through Deputy President Director John Hollow (a US citizen) who signed a letter stating that 200 permanent workers were to be laid off. The systematic threats of dismissals by the company management have been supported by the police, Brimob and Freeport security.

In one instance this involved a Freeport level 1 staff member “X”, who was not prepared to give their name because they were concerned for their personal and family’s security. X received a letter of temporary release from duties (RFD) dated September 24 from a superior. X was accused of spreading confidential company information in violation of company regulations. X was deemed to be indirectly involved because X provided the confidential company information (related to employee wages) that trigged the dispute between workers and management. Two days later on September 26, X was forcibly picked up at the Tembagapura employees barracks and then transported to Timika by the management at 6.10pm local time escorted by a Brimob officer, a superior who is well known to X, two security personnel and a company driver. X stayed overnight at the PT Freeport base camp near the Timika airport and the following day was then sent back to his home town.

The example above is evidence that the Freeport management is more interested in throwing money at security personnel that comprise members of the police and Brimob to “safeguard their assets” than pay decent wages to their workers who have worked for and served company for decades. In addition to demands for wage increases, the strikers are also reasonable healthcare facilities for workers.

The Coalition for the Freeport Indonesia Workers’ Struggle therefore states:

1. The management must immediately increase workers wages from US$1.5 an hour to US$3 per hour.

2. The management must provide the same facilities to local workers as those given to foreign workers (healthcare services, education for workers’ children)

3. It is the worker’s right to go on strike and the management does not have the right to dismiss workers that are on strike.

4. Foreign employees working at PT Freeport Indonesia do not have the right to become involved in issues between workers and the management. This is in conflict with the legal principles contained in the 2003 Labour Law and if they continue to do so, the government must deport the foreign workers concerned.

5. The police and Brimob do not have the right to become involved in industrial affairs between the management and workers, as regulated under Article 143 of the 2003 Labour Law.

Jakarta, 28 September 2011

Coalition for the Freeport Indonesia Workers’ Struggle:

The Papua Student Alliance (AMP), the Papuan Traditional Social Community Against Corruption (Kampak Papua), the Commission for Missing Persons and Victims of Violence (Kontras), the Indonesian Association of the Families of Missing Persons (Ikohi), the Papua NGO Cooperative Forum (Foker LSM Papua), the Working People’s Association (PRP), the People’s Liberation Party (PPR), the National Trade Union Preparatory Committee (KP-KSN), the Indonesian Forum for the Environment (Walhi), the Indonesian People’s Opposition Front (FORI), the Student Action Union (KAMLAKSI), the Jakarta Legal Aid Foundation (LBH Jakarta), the Indonesian Transportation Trade Union of Struggle (SBTPI), the Student Struggle Center for National Liberation (PEMBEBASAN), Praxis, the Semanggi Student Action Front (FAMSI), the Strategic State-Owned Enterprises Federation (FED BUMN Strategis), the Indonesian Pulp and Paper Trade Union Federation (FSP2KI), the West Java Federated Trade Union
for Justice (FSPK Jabar), the Central Java Indonesian Farmers Federation Union (FSPI Jateng), the Banten Primary Industries Trade Union Federation (FSBKU Banten), the South Sulawesi Nusantara Trade Union Alliance (GSBN Sulsel), the South Sulawesi Indonesian Federated Trade Union of Struggle (FSPBI Sulsel), the North Sumatra Plantation Workers Trade Union (Serbuk Sumut), Perbumi North Sumatra (Perbumi Sumut), the East Java People Based Trade Union (SBK Jatim), the Sidoarjo Independent Trade Union (SBM Sidoarjo), the Malang Independent Trade Union (SBM Malang), the Working People’s Association-Organisational Saviours Committee (KPO-PRP) and the United Indonesian Labour Movement (PPBI).

[Translated by James Balowski.]

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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.

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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.

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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.”

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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.’

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