Tag: police

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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TPN/OPM warned of deadline for return of two weapons

Bintang Papua, 6 September 2011The executive committee of the Synod of the KINGMI Church in the Land of Papua has responded to the threat issued by the police force in Paniai that failure to hand back two firearms by the end of Wednesday, 7 September  would mean that the police will launch hunt and search operations against the TPN/OPM led by John Yogi.

According to the KINGMI Church, these search operations  against John Yogi who is alleged to have seized the weapons, could result in possibly hundreds or even thousands of casualties of innocent people among the civilian population, said Dr Benny Giay.

The deputy chairman of the Papuan branch of the National Human Rights Commission, Matius Murib, also had a meeting with Ruben Magai, the chairman of commission A of the DPRP about the issue.

Dr Benny Giay of the KINGMI Church called on Commission A of the DPRP to provide the opportunity for local leaders and churches to hold discussions with John Yogi and his comrades. The reason for doing so was that, according to reports from local communities in Paniai, everyday life in Paniai has been paralysed and many local inhabitants  have fled their villages in a state of trauma, havng heard about the forthcoming operations against the TPN/OPM. ‘We call upon Commission A and the chief of police to do everything possible to prevent casualties among the civilian population,’ he said.

Meanwhile, the Rev. Albert Kesya, said that plans to launch search operations against the TPN/OPM had been made public at a time when the congregation were involved in Spiritual Camping in Madi Kampung, Enaro,sub-district of Paniai. on 26 July. which is not far from the location where the headquarters of the TPN/OPM is believed to be based. Even so, Brimob forces in Panai had attacked and seized many things, including thousands of bullets (the figure given in the article is 40,000), Rp 50 million, twelve hand phones, ten bows and arrows, and a Yamaha motorbike.

Deputy chairman of the National Human Rights Commission in Papua, Matius Murib, said the government and the security forces need to pay attention to three things.  There can be no justification for anyone among the authorities or the population to use violence and cause  casualties among the population. ‘Such actions,’ he said, ‘were rejected by human rights organisations around the world, bearing in mind that  Indonesia has ratified  covenants against the use of violence. and the loss of lives. Secondly, the local population needs to hold negotiations with the TPN/OPM. Whatever the situation, people like John Yogi  and his group can be expected to listen and to understand.’

‘There is no need to set a deadline for the launching of operations. Weapons belonging to the state should be in the hands of the state. There can be no justification for launching search operations against the TNP/OPM. There are weapons in the hands of many groups. And there are many weapons in the hands of  people who are not authorised to hold weapons.’

‘People cannot be allowed to do things that will result in victims falling among the civilian population.’ He said that some people can be expected to use weapons as a bargaining point to achieve certain objectives, but trying to force people to return weapons  will never solve the problems.’

Ruben Magai, chairman of Commission A of the DPRP in Papua, called on the chief of police in Papua to use social means, not military means, because the latter will only traumatise the people and make them very afraid.

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Church leaders mediation efforts between TNI/Polri and TPN/OPM in Paniai

JUBI, 29 August 2011

The churches in Paniai are very concerned about the unsatisfactory situation that has continued in Paniai following an armed skirmish that took place on 17 August, and also about reports that additional troops have been sent to Paniai to search for two firearms that were reportedly seized from police headquarters in Komopa on 15 August. In view of this situation, the churches are trying to mediate between the TPN/OPM and the Indonesian army and police to reach a dignified agreement to solve these problems.

The Rev. Hana Tebay, S. Th.said in a meeting on Sunday, 28 August that they had made approaches to the TPN/OPM and the Eduda headquarters (?) two days previously and she also said that in the near future, church leaders would be meeting the chief of police in Paniai.

‘The church is neutral. In our view we are all children of God which is why we speak from the heart with both the TPN/OPM and the security forces, the army and the police, she said.

‘We hope and pray that our efforts will bear fruit because we very much regret the continuation of these unsatisfactory conditions. A solution can be found and we will do everything in our power to mediate between the two sides so as to safeguard security in Paniai,’ she said.

The co-ordinator of the KINGMI Church in Paniai, Rev. Gerard Gobai, S.Th. said that the churches will use their prophetic mission to put an end to the situation that has emerged among the people. This situation has led to the people abandoning their homes, their work, their animals and fleeing from their homes.  As a result, Sunday worship meetings were attended by far fewer people than usual.

‘We are hoping for a solution. The two sides must agree to engage in peaceful efforts. ‘

He also expressed the hope that the local government would not allow this situation to continue for this would mean the continuation of a state of uncertainty for the people who are now living in fear.According to the mass media, the situation in Paniai is safe, but the fact is that the people feel very afraid. The place for the people is there, and they should not be wanting to flee from Paniai.

‘How can the people feel calm if even the bupati (sub-district chief) has vanished from Paniai?’

He went on to say that as far as the church is concerned, everyone must strive to make Papua a Land of Peace.

‘There must be an end to disorder, to conflict, an end to the loss of life..The church therefore expects the government to make serious efforts together with the TNI/Polri and the TPN/OPM to think about joint efforts to end this situation, and in particular to secure the return of the two firearms.’

[This item and the previous item from JUBI were translated by TAPOL]

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Churches speak out for peace and security in Paniai

JUBI, 29 August 2011

The desire for peace in the district of Paniai is a common aspiration, especially in the wake of the many conflicts that have occurred in the recent past.   Everyone should be aware of the need to work together to restore a sense of security so that people can continue with their day-to-day activities.

These were the words contained in a press release issued by the Commission for Justice and Peace of the Paniai Diocese and the Commission for Justice and Peace of the KIINGMI Church on 28 August.

The representative of the Diocese of Paniai, Fr Marko Okto Pekei, and Yafet Tetobi of the KINGMI Church said that they hoped that the leaders of the security forces would not deploy forces from outside Paniai.   Moreover, they hoped that the forces already in the area would not roam round freely in the area with all their military equipment because doing so would only worsen the situation. People who are now thinking about returning home to Enarotali, Madi and places close by will start feeling afraid of going back to their kampungs after
realising that the situation is not yet safe.

They also said that all sides should realise that the preservation of security and an atmosphere of peace is the duty of all, leaders of the communities, the security forces – TNI the army and Polri, the police – as well as the TPN/OPM, leaders of the community, religious leaders, leaders of customary groups and leaders of the women and the youth.

The two church commissions for peace and justice also deeply regretted the wounding of two people during an armed conflict that occurred on 17 August in Uwibutu, Madi.  ‘We also deeply regret the actions of certain elements who have destroyed the economies of families living in the area.’

They went on to say that any problems between the security forces and the TPN/OPM should be handled by means of persuasion, not by the use of repressive military measures because the latter would only result in casualties among civilians who are not in any way involved in these matters. Repressive measures, that is to say, violence or armed conflict, will only result in casualties. This means that all sides are responsible for preserving peace and security for the civilian population.

The church representatives said that they had felt called upon to speak out about the unsatisfactory conditions of the local people during the past three weeks. The various churches in Paniai have therefore been trying to mediate to find the best possible solution that accords with the wishes of the people so that they can live in safety and prevent the occurrence of casualties among the people.

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Hana Hikoyabi formally challenges interior minister for rejecting her membership of the MRP

From Bintang Papua 1 May 2011,[Abridged in translation by TAPOL]

By Hana Hikoyabi

Although I was elected democratically as a member of the MRP – Majelis Rakyat Papua – from election constituency 1 and my election was confirmed by the  the district chief and the governor, my membership has been rejected by the Interior Minister, like someone who has been found guilty though nothing has been proven in a court of law, I wish herewith the challenge the minister’s decision which is quite without any justification.

I fully conformed with all the procedures as required. including police requirement, for the district  of Jayapura district, the Keerom district for the period 2011 – 2016.

According to informed from the MRP secretary I was referred to  as being  a person not suitable for membership because I do not conform with the requirements.

According to government decision 64/2008, anyone whose membership is not acceptable can seek clarification.

I object to the decision of the interior minister to the effect that the membership of Dra Hana Salomina Hikoyabi and Drs Agus Alue Alua cannot be confirmed as members. as we do not conform with the requirements under article 4 (c), (d)  and (h). This article  says that members must be loyal  to the  Pancasila and have a strong commitment  to protecting the community and loyalty to the Indonesian Constitution, should be a person of high moral standing and be a model to the community.  and has not been found guilty of anything under law. These requirements are set down clearly under law.

According to PP54/ 2004 regarding the MRP,  the person shall not have been found guilty in a court of law for committing a crime and receiving a sentence of five year or more.

In accordance with the above,  it is clear that the decision to reject my appointment as  member of the MRP is in conflict with the law, because it is not based on any court verdict.

This places me in the difficult position of  having been responsible for an act of treason – makar – whereas at the time that I nominated myself for member of the MRP form 2011 – 2016, I received an official confirmation from the local police and from the local court of law that I am well-behaved and have never been found guilty of anything or convicted of anything

The minister’s decision means that the statements issued by the police and the Jayapura district court are unlawful. It also means that the administrative procedures regarding personnel cannot be relied upon as the way of handling the governance. in accordance with the rule of law.

[Note: The MRP consists of Papuans from three groups, women, youth and traditional clans.]

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