Tag: Timika

Three hundred Freeport workers ordered home

Bintang  Papua, 14 October 2011Freeport orders 300 workers to ‘go home’

Timika: Reports that workers at Freeport have intimidated and threatened  other workers for refusing to take part in demonstrations and not wanting to go on strike have led to around three hundred Freeport workers being order to go home [dirumahkan’], according to the management of Freeport-Indonesia. Sixty of the three hundred  are staff-level employees joined the strike that commenced on 15 September.

The president-director and CEO of Freeport, Armando Mahler in Timika said on Thursday that the decision to order them home  was taken because they  were involved in intimidating workers who remained at work  and did not join the strike. ‘At the time, many of of the workers felt afraid and threatened. They fled from their barracks and went into hiding. The families of some of the workers who continued to work were also warned that their homes would be burnt down,’  said Armando.

He went on to say that after the strike is over and operations at the Freeport return to normal, the management intends to conduct an investigation to determine what mistakes each of the workers who were ordered home  had made.

Additionally, the director-executive, vice-president  and chief office administrator of the Freeport, Sinta Sirait, said that the decision to order home hundreds of workers meant that the third summons [see below] issued to non-staff employees who had joined the strike was in accordance with the Joint Working Agreement which had been agreed with the workers trade union, the SPSI.

Sinta called on all sides to respect the terms of the agreement that had been reached and not treat it as nothing more than a lip service. ‘We urge the workers not to think that being ordered home and then returning to work is only about establishing good industrial relations with the company.’

Another  manager of the company, John Rumainum said that in a spirit of goodwill, the company had called on the workers to return to work. The first summons was issued on 26 September,  followed by the second summons issued on 29 September and the third summons issued on 4 October.

He went on to say: ‘Those workers who returned to work before the third summons will be exempt from any sanctions But those who returned to work after the third summons, would be treated in accordance with the regulations…

He then said that all the sanctions issued by the company  would be reviewed, once the workers had returned to work.

[Translated and slightly abridged by TAPOL]

[COMMENT: This report reveals the attitude of the company towards hundreds of its employees who were clearly seeking to improve their working conditions during a strike that has been marked by  persistent threats from the company that runs one of the foremost and most profitable mines in the world. TAPOL]

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INDONESIA: Police in Timika kill one union protester and injure others at Freeport

URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-204-2011

11 October 2011
———————————————————————
INDONESIA: Police in Timika kill one union protester and injure others at Freeport

ISSUES: Extrajudicial killing; right to life; police violence; freedom of expression; indigenous people; labour rights
———————————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the extrajudicial killing of trade union member Peter W. Ayamiseba and the injury of several persons in police shootings during a union protest on October 10, 2011 at PT Freeport Indonesia in West Papua. The workers were protesting against the illegal termination of their contracts following their earlier union strike for wage increases. The police appear to have used lethal ammunition against the protesters. (right: Peter W. Ayamiseba/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

CASE NARRATIVE:

According to the Chemical Energy Mining Union-All Indonesia Workers Union (Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia) in Timika, West Papua, since September 15, 2011, PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in Indonesia’s resource rich province of West Papua. The company in the past has paid military and police to run security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:
Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

On October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police from Timika District Police (POLRES) had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).
The police then fired warning shots at the protesters causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police’s use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.

(right: Hand of Chary Suripto/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient’s identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).

(left: lethal ammunition used/photo source:Chemical Energy Mining Union-All Indonesia Workers Union)

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah – DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the the Timika Regional General Hospital (RSUD) for an autopsy.

ADDITIONAL INFORMATION:
West Papua, Indonesia’s resource rich province, which also has the highest poverty levels in the country, suffers from extensive mining operations by multinational corporations and illegal activities by security forces. Many years of mining and export of its valuable resources have yet to result in an improvement of the living conditions of indigenous Papuans (including improvement in unemployment, education, health care). The illegal payments made to the police and military to maintain security for the mining activities indirectly creates incentives for the security forces to prolong security risks that require their intervention. Excessive force continues to be largely ignored, and perpetrators are not held accountable. The disproportional influence of PT Freeport Indonesia in public institutions in the wider Timika area, including institutions of justice, remains a serious concern. This contributes to prolonging the conflict between authorities, mining companies and the large indigenous population.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to investigate into this case immediately, and to prosecute the responsible police officers for using illegal force. In particular, it is essential that this case is not buried or ignored as most cases regarding PT Freeport Indonesia are.

Please be informed that the AHRC is sending letters on this case to the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on the rights of indigenous people and the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their strong interventions.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Police in Timika kill one union protester and injure others at Freeport

Name of victims: Peter W. Ayamiseba, Leo Wandagau, Melkias Rumbiak, Alius Komba, Philiton Kogoya Ahmad Mustofa, Yunus Ngur W, Yusuf Kurni, Emeleanus Beanal and Chary Suripto (members of Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia/ Chemical Energy Mining Union-All Indonesia Workers Union)
Names of alleged perpetrators: members of Timika Dictrict Police
Date of incident: 10 October 2011
Place of incident: The entrance gate of the Gorong-gorong company bus transportation terminal

I am writing to voice my deep concern regarding the killing of Peter Ayamiseba, an employee of PT Freeport Indonesia on 10 October 2011 by members of Timika District Police (POLRES), when PT Freeport Indonesia employees were on strike demanding wage adjustments. Nine other protesters were also injured by the police.

According to the information I have received from the Asian Human Rights Commission, since September 15, 2011 PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. PT Freeport Indonesia is running controversial mining activities in West Papua, Indonesia’s resource rich province. The company had in the past paid military and police for running security operations for them. The majority of striking workers were indigenous Papuans. Based on the wages of up to USD 15 per hour provided to workers by the Freeport-McMoRan Copper & Gold group in other countries, the West Papuan workers demanded their USD 1.5/hr wage to be increased to USD 3/hr. The employees sought negotiations with the management of the company, but were not given opportunities for a serious dialogue; instead, they faced direct intimidation from the management or through the police.

According to article 144 of Indonesia’s law No 13/2003 concerning Manpower, protesting workers are protected from any termination of their employment:

Article 144
In the event of a strike performed in observance of what is stipulated under Article 140, the entrepreneur is prohibited from:
a. Replacing striking workers/ labourers with other workers/ labourers from outside of the enterprise; or
b. Imposing sanctions on or taking retaliatory actions in whatever form against striking workers/labourers and union officials during and after the strike is performed

In violation of this law however, PTFI fired the striking workers and employed new personnel as their replacement.

I am informed that on October 10, the employees returned to their work location to protest against their termination and demanded their jobs back. At 9:30am, protesting employees from seven indigenous tribes that customarily hold the land of the Tembagapura mining location, and around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI run a bus to take the workers back to their dormitories). The police had placed guards in front of the terminal, and refused to let the protesters enter, despite negotiation attempts by Mr. Anis Natkime (chief of the seven involved indigenous tribes).

I am disturbed to learn that the police then fired warning shots at the protesters, causing those in the front rows to leave. When the protesters in subsequent rows tried to make their way forward to the gate, the police started shooting into the crowd, resulting in panic. Peter W. Ayamiseba, Freeport employee in the catering division, was shot in the shoulder and died at the scene. At least nine more persons were injured. The then enraged crowd responded by throwing stones at the police.

The police in turn fired several random shots at the protesters. While some reports claim that the police were merely using rubber bullets, it has come to my attention that the deadly wounds and the ammunition cartridges found at the scene indicate otherwise. Despite the police’s use of tear gas, the situation escalated further, resulting in the police withdrawing inside the gate they were trying to defend.

Mr. Ayamiseba’s corpse was then brought directly to the Timika Regional General Hospital (RSUD), where the cause of his death was confirmed to have resulted from metal bullets. Nine other injured protesters (male) were also brought to the same hospital: Leo Wandagau and Melkias Rumbiak were wounded in the back by rubber bullets; Alius Komba was hit with a rifle in his stomach; Philiton Kogoya was hit by a rifle in his head; Ahmad Mustofa was wounded in the head and back by rubber bullets; Yunus Ngur W was shot in the stomach by police and operated upon in the hospital; Yusuf Kurni was wounded in his left hand by rubber bullets; Emeleanus Beanal was wounded in his right hand and left leg by rubber bullets and had bruises in his stomach caused by hits with a shotgun; and Chary Suripto was wounded in his left hand by the explosion of a tear gas unit.

The hospital did not provide the victims with any medical records however, and their requests for obtaining such reports were denied without providing any reason. This is in violation of regulation no. 269/2008 from the Indonesian Ministry of Health, which states that information about the patient’s identity, diagnosis and medical history can be provided at the request and consent of the patient (article 10.2b) and that the content of the medical records belongs to the patient and can be provided to persons authorized by the patient or the patient’s family (article 12.1).

A tenth and so far unidentified person (non-indigenous Papuan) among the protesters was also injured. Since he carried no identity documents and was not known to any of the other workers, he is suspected to have conducted intelligence activities for the police or the company during the protests, and to have been injured by accident.

On September 10, the workers laid Mr. Ayamiseba’s corpse at the entrance gate of the Timika office of the Papuan Regional Autonomy Parliament (Dewan Perwakilan Rakyat Daerah – DPRD) expecting Mr. James R. Moffett, chairman of PT Freeport Indonesia to come and take up his responsibility in the case and to ensure that both company management and police are held accountable. Until September 12 Mr. Moffet had not appeared, and the body of victim was then taken to the Timika Regional General Hospital (RSUD) for an autopsy.

In light of the above information I am of the opinion that the killing of Peter W. Ayamiseba and the violation of the rights of several workers who were threatened by the police with regard to their freedom of speech and expression is in contravention of Indonesia’s constitution.

I am therefore urging you to take immediate action in this case, and to ensure that it is not buried or ignored, as happens to most cases involving PT Freeport Indonesia. An impartial criminal investigation must be conducted by a professional investigation team for police officers who were using lethal ammunition which resulted in the killing and injury of several workers. An independent investigation team should also subsequently conduct an investigation into the allegation of corruption based on the payments made by the company to the police. All those found guilty must be prosecuted according to the law.

I also urge you to ensure that PT Freeport Indonesia takes responsibility for the outcome of the conflict, for which they share responsibility and ensure that there are no more violations of labour rights.

I am looking forward to your intervention in this case.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel.: +62 21 3863777, 3503088.
Fax: +62 21 3442223

2. The Minister of Manpower and Transmigration
Jl. Jend. Gatot Subroto Kav. 51 Jakarta 12950
INDONESIA
Tel.: +62 21 5229285, 7989924
Fax: +62 21 7974488

3. Head of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel. +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

4. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel.: +62 21 3848537, 7260306 / 7218010
Fax: +62 21 7220669
E-mail: info@polri.go.id

5. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel.: +62 21 739 2352
Fax: +62 21 739 2317

6. Head of Papua Regional Police
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel.: + 62 967 531014
Fax: +62 967 533763

7. Head of Division of Profession and Security of Papua Regional Police
Jl. Dr. Sam Ratulangi No. 8
Jayapura
INDONESIA
Tel.: + 62 967 531834

8. Head of Timika District Police
Jl. Agimuga No. 03, Mike 32
Timika Papua
INDONESIA
Tel.: +62 901 301974

9. Office of The Anti Judicial Mafia Task Force (Satgas)
PO Box 9949
Jakarta 10 000
INDONESIA
Contact on website: http://www.satgas-pmh.go.id/?q=node/157

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel.: +62 21 392 5227-30
Fax: +62 21 392 5227
E-mail: info@komnas.go.id
Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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90% of children in Kamoro leave school before completing their education

JUBI, 8 September, 2011

It is estimated that around 90 percent of children from the Kamoro ethnic group fail to continue their education after completing primary school.   There are many reasons for this.

‘Many Kamoro children dont attend primary school and this affects the number who go on to further education as a result of selection and the minimum standards attained by the children,’ said a local official.

This also reflects the situation of the primary school in Mapar, in the regency of Central Mimika where most of the children who attend primary schools fail to continue to the lower secondary schools. The main problem is where the children live.

‘We do everything we can to motivate them and accompany them but for the
parents the main problem is that they cannot find anywhere to live in Timika. And in those cases where children do attend a school in the town, many of them returned home to their kampungs after only two months for a variety of reasons, primarily because of the cost of living in the town.’

Actually, there are indeed many opportunities for Kamoro children in Timika. Freeport Indonesia has built several hostels for primary and secondary school children but there are hardly any Kamoro children living in these hostels.

One secondary school teacher said: ‘There is the problem of looking after the children and the limited capacity available for pupils coming from the Kamar primary school. We very much hope that the education service will appreciate this problem and find a way out as soon as possible, so that these children can grow up to be masters in own land.’

———————

A number of teachers in the East Mimika district have complained about the lack of facilities for education at primary and secondary schools many of which have nothing in the way of books or writing equipment.

Veronica Lasol, a primary school teacher at the Mapar primary school, complained that the government, in particular the education and cultural service, pay no attention to all this.

‘We have been suffering from a lack of facilities for a long time, and have spoken about this with the media as well, hoping to draw the attention of the government to the problem of paying attention to education facilities for children living in the kampungs,’ she told Jubi.

‘In our district, almost all the schools are functioning without decent facilities and end up teaching the chidren anything they can mange to do so as to ensure that they can complete their primary school education,’ said Agustinus Maniawasi, a primary school teacher at the YPPK primary school in Pronggo, Mimika district.

Similar complaints were made by Denisius Faruan, a primary school teacher at a school in Timika. He said that there is a need for facilities to support the education of the children. If the teachers were to get the necessary training, the complaints would decline. ‘It is all a matter of giving proper attention to the schools that now exist.’

1

Freeport Indonesia, Union Pay Talks Enter Third Day

Grasberg mine
Image via Wikipedia

JAKARTA, July 22 (Reuters) – Negotiations between Freeport McMoran Copper & Gold and its workers in Indonesia over pay entered the third
day on Friday, industry sources said, as the mining giant reported
losses of copper and gold after a strike at its massive mine.

Chief executive Richard Adkerson said on Thursday the aggregate impact
of production lost during an eight-day strike at the Grasberg mine in
Papua province was 35 million pounds of copper and 60,000 ounces of
gold.

Adkerson also said the strike, which ended on July 13 and production
resumed a day later, led to a temporary suspension of all mining,
milling and concentration shipments from the mine.

“The talks are ongoing but the details are not disclosed to the
public,” said an industry source in Jakarta, who has seen Freeport’s
notice on the talks.

“The meeting is attended by PT Freeport Indonesia’s union team and
witnessed by representatives from the company’s management team.”

A Freeport spokesman in Jakarta did not reply to an email inquiry.

Union leaders started pay talks with the U.S. miner on Wednesday in
the Indonesian part of New Guinea, as they push for a doubling of
salaries for workers earning $1.50 per hour, saying other Freeport
workers around the world get 10 times that.

The company is negotiating with the union on a contract due to be
renewed in October.

The New York-listed firm reported a doubling in second-quarter
profits, citing soaring metal prices and higher copper sales than
expected at its North American mines, but said that costs are creeping
up and it expects to sell less copper in the third quarter.

That outlook, combined with a fall in copper price on Thursday and
some analysts’ concerns with the nagging uncertainties over the labour
situation in Indonesia, led to a more than 1 percent drop in Freeport
share price.

Gold was steady around $1,589 an ounce on Friday, not far from a
record around $1,609 hit on Tuesday. Three-month copper on the London
Metal Exchange edged down to around $9,650 a tonne.(Reporting by Lewa Pardomuan and Samuel Wanda; Editing by Ramthan Hussain)

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Freeport employees want human rights violator sacked

JUBI, 18 July 2011Following the violation of human rights that were perpetrated by personnel working for Freeport Indonesia,  there have been calls for the perpetrator, Nurcahyo to be sacked by the company.

‘We dont want that person to go on working here because he is bound to continue with his habits of discrediting indigenous Papuans.  We have experienced these things because of some trivial mistakes. Does the company want a repetition of recent actions,’ said one worker who didn’t want his name to be identified, when asked to confirm the action.

The matter was said to be closed after the person concerned was given a second warning.  For some of the staff, a very simple thing can result in the worker being sacked without mercy.

It appears that the person involved in this latest case is a superintendent  working at the Marine Section of the company named Nurcahyo who committed these human rights violations which are forbidden within the company. When there is clear evidence that someone has committed such things, that person is immediately sacked. Yet in this case, the man in charge of the human rights department, SemiYapsawaki, was simply given a second warning.

There have been many cases like this, according to JUBI, which recently triggered a strike at the company.

‘We want this person to be sent home because this is not the first time that he behaved in such a way. We hope that the management will take action against this person who can cause further major problems  in the workforce,’ said this source.

Attempts to contact the management, including the Manager, Juarsa, were not successful as he did not respond on his hand phone.

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