INDONESIA: Another Protester Dies Amidst the Tense Situation at Freeport Timika-PAPUA

INDONESIA: Another protester dies amidst the tense situation at Freeport

December 15, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-049-2011

15 December 2011

[RE: AHRC-UAC-204-2011: Police in Timika kill one union protester and injure others at Freeport]
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INDONESIA: Another protester dies amidst the tense situation at Freeport

ISSUES: freedom of expression; indigenous people; labour rights, extra-judicial killing
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death of yet another union protester on 15 October 2011, following a shooting injury on October 10. The situation at the Freeport mine in Timika, West Papua remains tense, due to the repressive approach of the Papua regional police (POLDA Papua).

UPDATED INFORMATION:

In its urgent appeal of 13 October 2011 (AHRC-UAC-204-2011), the AHRC raised concerns about the extrajudicial killing of trade union member Peter W. Ayamiseba and the injury of several persons in police shootings during a union protest against the illegal termination of workers on 10 October 2011 at PT Freeport Indonesia in West Papua. [Video of police shootings during a union protest] The AHRC has learnt that another protester who was shot in the back on October 10, Leo Wangadau, died on October 15, at 2pm at his home. (photo: Leo Wandagau while injured, awaiting his treatment in the hospital on October 10, source: Freeport Union)

According to Virgo Salossa (senior staff of the Union), the forensic doctor at Mimika hospital was not sure what caused Leo’s death, and said that the lack of facilities in the hospital prevented them from any further investigation. Previously, on October 10, the hospital stated that Mr. Wandegau was healthy and permitted him to go home, as seen on video. (video: Leo Wandagau before his surgery on October 10, at 11:09 am in the Mimika general hospital (RSUD), source: Freeport Union)

Meanwhile, according to the Chemical Energy Mining Union of the All Indonesia Workers Union (Serikat Pekerja Kimia Energi Pertambangan-Serikat Pekerja Seluruh Indonesia) in Timika, on October 14, Paulus Waterpau, one of the Indonesian police deputies ordered to resolve the conflict at Freeport, and Bigman Lumban Tobing, the chief of Papua regional police, instructed for the union protesters to be dispersed from where the location of the protest, the entrance gate of the Gorong-gorong company bus transportation terminal. The Papua regional police and their subordinates thus forced open the blockade in mile 27, checkpoint zone located at Freeport area, West Papua. On the same day, seven PT Freeport Indonesia (PTFI) union protesters, Gebi Taneloh, Pardianto, Degei, David Mirino, Derek Waitai, Jonotan Iyei, and Hermanus Kogoya, were interrogated as witnesses by the provost (special military police force in a military unit with tasks of security, military discipline and criminal investigation) of Timika resort police regarding the shooting incident on October 10. Furthermore, Hengky Binur, the coordinator of the protesters has been under interrogation since September 16 regarding the strike.

On October 18, Godlif Mansnembra, the chief of the mobile brigade (BRIMOB) of the North Sulawesi police, one of the officers initially ordered to resolve the conflict in Freeport was ordered by the chief of Papua regional police to leave Timika. According to Mr. Mansnembra, the alleged reason for this order was the assumption that Mansnembra was siding with the protesters as he preferred to use a non-violent and open approach to resolve the conflict rather than a repressive or aggressive approach.

The general oversight inspectorate of sector 4 of Indonesian Police (Irwasum wilayah 4) also subsequently examined this case; until now however, there is no further information from the police regarding the investigation.

BACKGROUND INFORMATION:

Since 15 September 2011, PT Freeport Indonesia (PTFI) employees were on strike demanding wage adjustments. As a result, PTFI fired them and hired new workers. To protest this illegal termination and demand their jobs back, on October 10, the employees returned to their work location. Around 1000 employees from other areas walked to the entrance gate of the Gorong-gorong company bus transportation terminal (from where the PTFI runs 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 fired warning shots at the protesters causing those in the front rows to leave. Peter M. Ayamiseba (PTFI employee) was shot in the shoulder and died on the scene. Nine other protestors were injured, including Leo Wandagau who was wounded in the back by rubber bullets. Please see Urgent Appeal Case: AHRC-UAC-204-2011 for further information.

Furthermore, on October 28, the chief of Indonesian police, Timor Pradopo admitted that members of the police in Papua receive money from PTFI. He described the fees paid to the police personnel as “meal money” that could be audited and accounted for. In 2010, the Papua regional police wrote a letter to NGO KontraS, in which it stated that the management of PTFI give Rp. 1.250.000, (almost USD 137) per person to 635 police officers every month. An investigation conducted by Indonesian Corruption Watch (ICW) found that PTFI provided USD 79,1 millions to the to Indonesian police and TNI over 10 years.

On 14 December 2011, the employees and the PTFI management have finally come to an agreement. The PTFI management said it would increase the basic salaries of its workers in Papua by 37 percent, starting with a 24 percent increase in the first year and 13 percent in the second year.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure that all allegations of institutional misconduct leading to wrongful deprivation of the victims’ liberty is investigated, that the victims are compensated. All legal process must to be conducted in accordance with international and national norms.

Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on the rights of indigenous people, calling for strong intervention.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Another protester dies amidst the tense situation at Freeport

Name of victim: Leo Wandagau
Names of alleged perpetrators: members of Timika Dictrict Police, Chief of Papua regional police
Date of incident: 10 and 14 October 2011
Place of incident: The entrance gate of the Gorong-gorong company bus transportation terminal, mile 27 checkpoint zone located at Freeport area, West Papua.

I am writing to voice my deep concern about a union protester who died on 15 October 2011 because of a shooting injury inflicted on 10 October 2011, and the repressive approach used to resolve the conflict in Freeport, Timika, West Papua.

Leo Wandagau, a union protester shot in the back on October 10, incident died at his house on October 15 at 2pm. According to Virgo Salossa (senior staff of the Chemical Energy Mining Union-All Indonesia Workers Union/SPKEP-SPSI PT Freeport), the forensic doctor at Timika hospital is not sure what caused Leo’s death. The doctor said that the hospital’s lack of facilities prevented further investigation. Previously, on October 10, Mimika hospital stated that Mr. Wandegan was healthy and permitted him to go home.

I have learnt that on October 14, Paulus Waterpau, one of the Indonesian police deputies, and the chief of Papua regional police were instructed to disperse union protesters, resulting in the Papua regional police and their subordinates forcing open a blockade in mile 27, Freeport area, West Papua. On the same day, seven PT Freeport Indonesia (PTFI) union protesters, Gebi Taneloh, Pardianto, Degei, David Mirino, Derek Waitai, Jonotan Iyei, and Hermanus Kogoya, were examined as witnesses by the provost (special military police force in a military unit with tasks of security, military discipline and criminal investigation) of the Timika resort police regarding the shooting incident on 10 October 2011. Furthermore, Hengky Binur, the coordinator of the protesters, continues to be examined regarding the strike since 16 September 2011.

I learnt that on October 18, Godlif Mansnembra, the chief of brigade mobile of North Sulawesi, and one of the police members ordered by the Indonesian police to resolve the conflict in Timika was ordered by the chief of Papua regional police to leave Timika. According to Mr. Mansnembra, the alleged reason for this order was the assumption that Mansnembra was siding with the protesters as he preferred to use a non-violent and open approach to resolve the conflict rather than a repressive or aggressive approach.

I also know that general oversight inspectorate of sector 4 of Indonesian Police (Irwasum wilayah 4) also examined this case, however, until now, there is no further information from the police regarding the investigation.

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 into police officers who were using lethal ammunition resulting in the death 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. Furthermore, all members of the Indonesian police must respect the right of the protesters to strike, and prevent all forms of repression action against them.

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.

Yours sincerely,

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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. 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

3. 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

4. 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

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

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

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

8. 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

9. 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)