A JOURNEY OF A STRUGGLE TO LOOK FOR JUSTICE
IN RIGHTEOUSNESS IN RELATION TO HIS POSITION
AS THE OWNER OF HAK ULAYAT LAND AND AS A VICTIM
OF THE OPERATION OF PT FREEPORT INDONESIA
TIMIKA—PAPUA 2009
FOREWORD
In this writing, I want to open the mind's eyes of all parties, and to introduce, to give a picture to the whole world objectively about what really happens in the remote end of the earth, that is known as the land of Amungme, where one of the largest enterprise on earth, PT Freeport Indonesia, works as the largest mining enterprise on earth. Of course, in this land, there are natural resources that are so bountiful and rich, and be a point of attention of the whole earth, so that it gives impact to the world economy.
But, actually, behind all the beautiful and awestruck stories, it needs to be known that the life of the society of the owner of hak ulayat is far from how it should be experienced and received, as to why God had given the wealth in the land that they occupied.
In the process of the life's struggle, that full of the ups and downs of life, finally, with His permission, as a child of a heir of the hak ulayat who represent the Amungme Tribe Society who had been victims of the unfitting rights that has to be receives from the activities of the operation of PT Freeport Indonesia, during these past few years, I have prepared myself, and hereby I intend to strive for justice in righteousness that is in accord with the law.
Great is my hope that through this writing, I can give a clearer understanding about the positions of all parties, especially PT Freeport Indonesia, the Government of the Republic of Indonesia, and the Amungme Tribe Society themselves, and that ultimately can give a just and beneficial solution to all parties.
Finally, may the prayer supports of all parties, be able to help us, for the sake of the smoothness of the struggling process to look for justice.
May the Lord be with us always.
Timika, May 27-2009
The writer,
Titus Natkime, SH.
CONTENTS
Chapter I : The Amungme Tribe
Chapter II : Work of Contract
Chapter III : Fact and History (The Government of Indonesia,
PT Freeport,and Amungme Tribe Society)
Chapter IV : The Share – the Shareholders
Chapter V : The Struggle to Look for Justice in the Righteusness
Chapter VI : A New Hope
Chapter VII : The Objective of the Struggle to Look for Justice
Chapter VII : Final Words
CHAPTER I
THE AMUNGME TRIBE
The Amungme tribe: the owner of hak ulayat
The Amungme Tribe Society are the native inhabitants around the mining site of PT Freeport Indonesia in Tembagapura area for generations. Amungme Tribe is the owner of hak ulayat, and is acknowledged according to the Ordinance No. 5 of 1960 about the Agrarian matters. It cannot be denied and is a reality, that the Amungme Tribe had occupied for generations, the area around Waa Valley, that, Amungme Tribe the moment, become the mining area of gold and copper of PT Freeport Indonesia.
The life of Amungme Tribe Society pre-operation of PT Freeport Indonesia
The Amungme Tribe Society, as a part of Indonesian Nation, and the owner of hak ulayat, ought to and deserve to get a prosperous life and should be protected and guaranteed by the State in relation with the basic rights according to the Article 33 verse 3 of the 1945 Constitution, "The land and water and the natural wealth in it, are controlled by the State and used to the utmost prosperity of the people," where its meaning is clarified by article 6 of the Agrarian Act, "All the rights upon the land have social function."
This stipulation has an understanding, that the using or management of the land must pay attention to the interest of the society. In this case, the management and the using of the community land of Amungme Tribe, done by any corporate body or enterprise, must pay attention to and may not harm, the interest of the Amungme Tribe, as the owner of hak ulayat.
In the same manner as the article 3 of Agrarian Act, "In view of the stipulations of article 1 and 2, the implementations of hak ulayat and the similar rights of the societies, the Traditional Law – as long as in it still exists – must be done in such a way that it is in accord with the interest of the National and the State, based on the unity of the Nation, and may not be in contradiction with the higher laws and acts." Therefore, the hak ulayat of the Amungme Tribe must be respected and valued as a hereditary rights.
The wealth of Nature; the Mount of the Amungme Tribe Society.
The mount that became a victim of the mining operations of PT Freeport Indonesia
The whole operational area of PT Freeport Indonesia.
CHAPTER II
WORK OF CONTRACT
PT Freeport Indonesia
The history of the entering of PT Freeport Indonesia began when the Operation Manager of Freeport Mineral Company, Mr. Forbes Wilson, conducted an exploration to Irian Jaya (Papua) in 1960, after reading a report about the finding of Erstberg or mountain of ore, by a Dutch geologist, Mr. Jean Jacquest Dozy, in the year of 1936.
Mr Forbes Wilson and the Geologist Team
In June 1966, the Freeport Team was invited to Jakarta, to begin a discussion about the work of contract. And on July 7-1967, the signing of the Work of Contract between the Government of Indonesia and Freeport Mineral Company, took place. One of the legal basic is the Ordinance No. 11 of 1967, about the Stipulations of Mining.
One of the law consequences that has to be obeyed by PT Freeport Indonesia as a corporate body (foreign enterprises) is stated in chapter 25 of the Ordinance No. 11 of 1967, "That the Mining Authority holder, has the duty of giving compensation to the owner of the land as the consequences because of the mining activities, that, intentionally or unintentionally, cause losses to the owner of the land." In the stipulation of chapter 27, it is said, "Everyone who has a right upon a piece of land that is taken as a mining area, to him/her must be given a compensation by the enterprise." Whereas the stipulation in chapter 30 requires, "As the mining is over, the mining enterprise is obligated to return the land in such a way that will not cause danger, as to disease or other danger, to the surrounding societies.
The President Soeharto
At the same time, the Government of the Republdonesia issued the Regulations of the Ordinance No. 1/1967 about the Foreign Investment, and of course, PT Freeport Indonesia is one of the foreign investors in Indonesia.
In December 1967, the exploration drilling began on Erstberg, on January – September 1968, and various negotiations were made as a fund rising to finance the project, while the feasibility study had been done in December 1967; whereas Papua had not yet officially become a part of NKRI (Unitary State of the Republic of Indonesia), because then, Papua's status was still under the control of UNTEA (United Nation Temporary Executive Authority), and Papua (Irian Jaya) was officially became a part of NKRI on May 1-1969.
The people were waiting for the arrival of President Soeharto in his visit.
CHAPTER III
FACTS AND HISTORY
(THE GOVERNMENT OF INDONESIA, PT FREEPORT, AND THE Amungme Tribe Society)
THE VIOLATION OF THE TRADITIONAL RIGHTS OD THE AMUNGME TRIBE SICOETY.
The more un-reassuring facts for the Amungme Tribe were that their living area, that was calm, simple, and peaceful, now is disturbed by the coming of the Mining Enterprise. And, at that time, the Work of Contract that was signed by the Government of Indonesia and PT Freeport Indonesia, was without any approval from the Amungme Tribe Society, who, de facto, had lived in the mining area for generations, as if, the Indonesian government is the only one who has rights and authority over the land that has beenwork-of-contacted, and does not consider whatsoever, the existence of the indigenous people who had stayed and lived and had legal rights over the area, according to the law which prevail, such as the 1945 Constitution, the rights of the indigenous people, acknowledged by the United Nations, etc.
THE SPOKEN PERMISSION TO MANAGE THE WEALTH OF THE AMUNGME TRIBE SOCIETY
The survey and the building of the first infrastructure of PT Freeport Indonesia
Concerning the first survey done by the PT Freeport McMoran Copper in the Amungme area, at that time, the Amungme Tribe Society as the owner of the hak ulayat, gladly gave their wealth, viz. the land, the forest, and the source in it, to be processed. The late Papa Tuarek Natkime, had a great hope upon the coming of the white people (Freeport), with the promises they gave then, that he believed will change the living status of the whole Amungme Tribe, to a better life. It was done only out of a sincere heart of Papa Tuarek Natkime (the writer's papa) to PT Freeport McMoran, that is, only out of believe, without any written guarantee. On one hand, it because of his lack of knowledge about the natural resources of our land, and it was motivated by his spirit of humanity and brotherhood, like what had been promised by PT Freeport to Papa Tuarek Natkime, and was witnessed by some of his children, and was repeated over and over again and again to his other children. At that time, Mr. John Curri, gave a spoken promise to the late Papa Tuarek Natkime, "We, Freeport McMoran in Mulkini. When it bears fruits, our children will pick them together." [Meaning: When the mine has brought money in, we will enjoy it together].
THE FOOLING OF PT FREEPORT TOWARD AMUNGME TRIBE
Ultimately it was evident that the promises were only empty promises. On the contrary, many insulting incidents occurred upon the human rights of Papuans by sacrificing the basic rights to determine the destiny of a tribe. If we investigate the approach done by PT Freeport Indonesia, then the history will change into a force annexation by manipulating the simple Amungme Tribe Society by tantalizing people with strange canned foods, where, in the future, those foods were known to the Amungme people as fooling media done by PT Freeport Indonesia toward Amungme Tribe Society.
THE FORCING TOWARD AMUNGME TRIBE
Around May 1970, a big scale construction had begun, and followed by the first export of copper concentrate, as a tryout. In that year of 1970, the restless in the Amungme Tribe Society began, that was getting more and more real and bigger, because at the same time, PT Freeport Indonesia began to fell down the forests, and expel the inhabitants of the Mulkini to build the city of Tembagapura, to develop a living area of the workers of PT Freeport Indonesia, because the Erstberg Mining was ready to operate ....
The violence toward the Amungme Tribe Society was opposed in a form of protest actions by erecting cross-posts in the area that will be built as the Tembagapura City. So, then, PT Freeport Indonesia through the Government of Indonesia brought in the Army forces to arrest the members of the Amungme Tribe Society who struck against PT Freeport Indonesia; and the Amungme Tribe Society had to give away their rights because they were threatened by pointing a weapon.
PRESIDENT SOEHARTO – THE JANUARY AGREEMENT
The President Soeharto and J. B. Moffett
The late President Soeharto dedicated Timika Airport as an International Airport for the benefit of PT Freeport Indonesia. And on March 7-1973, the President of the Republic of Indonesia, Soeharto, dedicated a new name that in Amungme language Mulkini Waa to be Tembagapura City.
On January 6-7 1974, a meeting among Amungme Tribe, PT Freeport Indonesia, and the Government of Indonesia, that was as the "January 1974 Agreement", was held. The 2-day meeting ended in a "written agreement", that the contain were: PT Freeport Indonesia agrees to build school buildings along with the teachers' settlement; build a polyclinic along with nurse's settlement; build a marketplace and shopping center, and build some people's settlement. But the final item of the agreement, PT Freeport Indonesia stated that the Amungme Tribe Society was prohibited to enter the PT Freeport Indonesia area.
In the tripartite meeting, an elder of Amungme Tribe said, "Naino, aoe nawartnin, aoeo" (pointing to Mr. Lithem, the Vice President of PT. Freeport Indonesia), na buknin, na nonin, na nekela nin, na nokoing noma nin, na nortagama nin, mangkagam uyan emelengamo" [Okay, if you think like that – pointing to Mr. Lithem, the Vice President of PT. Freeport Indonesia – for the giving of my land, my hunting area, my village that had been broken down, I ask "to cut the rattan and give the end to us." The meaning of this expression is, the demand of Amungme Tribe Society to the PT Freeport Indonesia to invite them to go forward together in broadest meaning, although they were forced to give away their valuable wealth, for generations Head
TUAREK NATKIME
Tuarek Natkime
A traditional elder of Amungme Tribe, Tuarek Natkime who was also known as The Big Head of Amungme Tribe, the holder of Hak Ulayat, once he said, "I always ask to the Lord in my everyday thoughts and prayers, why the Lord create this beautiful mountains, stones, and snow, in the area of Amungme Tribe? Is it because the beautiful snow and stone mountains that are rich with ores, that attract, PT Freeport, Indonesian Army/Police, Government, and the outsider, to come to this place and take it for their own benefit and let us suffer, and therefore, we are continually pressed down, arrested, and killed without reason. If it is what you mean, then, it is better annihilate us, chase us away, so that they can take and dominate all that we have; our land, our mountains and every piece of our resource."
So, Tuarek understood and believed that basically, what was so called the January 1974 Agreement, the entirely of it is the desire and the will of PT Freeport Indonesia, and nothing in it, at all, the desire and the will of Amungme. So, there is no spirit of humanity and togetherness to live in the area of our land, so far; moreover, to the Amungme Tribe Society, the owner of hak ulayat over the land that is used by PT Freeport Indonesia. PT Freeport Indonesia had failed to respect our rights, as the owner of hak ulayat over the land that is used and exploited to mine the ore.
THE REBELION OF AMUNGME TRIBE
In 1977, a rebellion burst again, to protest the coming of PT Freeport Indonesia, and evidently this action was attacked by volley of gunfire and bombardments by the TNI (Indonesian National Arm Force), and many of the Amungme people were killed in the incident. On the next day the Amungme people were getting more and more angry and cut off the pipes to channel the copper concentrate from mile 74 to the port of Amamapare. And again, the action brought volley of gunfire and bomb, that destroyed the villages of Waa and Kwamki. Besides, the Amungme Tribe people had to run into the forest for a long time.
The view of Amungme Tribe toward PT Freeport Indonesia
So, the progress of what was so called "Partnership" relations between Amungme Tribe, the owner of hak ulayat and the PT Freeport Indonesia, within which Amungme Tribe Society had been willingly gave their land for a mining enterprise, ended in the year of 1982, when Freeport Minerals Company, was bought by McMoran Oil and Gas Company, led by Mr. James Moffett. However, it did not bring any change.
THE CONDITION OF PT Freeport Indonesia IN THE WORLD'S EYE
In 1989, Freeport began to mine a bountiful copper and gold ore in Erstberg, so that it made PT Freeport, an ordinary metal producer enterprise, became the most profitable and the largest mine operator on earth. The expansion of the enterprise created economical growth around the mining site, and made PT Freeport Indonesia as the largest tax payer enterprise in Indonesia.
The growth of PT Freeport is so fast, and it became a giant enterprise that has enormous income or profit that is enchanting the people and businessmen in the world. However, on the other side, the Amungme Tribe Society suffer from poverty and does not get prosperous life; if they work in the PT Freeport Indonesia, they do not get proper positions in the enterprise, but just ordinary workers, whereas the Papuan Society, especially the Amungme Tribe, are the owner of hak ulayat over the mining site. On the other hand, the non-Papuan people are given high positions in the enterprise, whereas the Papuan's working cannot be doubted.
Although it is the reality, the operational activities of PT Freeport Indonesia goes on and on.
THE MILITARY INVOLVEMENT IN THE INTEREST OF FREEPORT
PT Freeport Indonesia, supported by Military elite of is presumed has done serious offense toward the indigenous rights, and they are to be investigated. The land and the forest had been damaged because of the mining of gold and copper. The environment becomes more and more damaged.
The damaged environment because of the mining of PT Freeport Indonesia.
On the other side, the life of Amungme people since 1967 when for the first time was met by the exploration team in the Waa Valley, is remain the same and does not change so far.
The people around the mining site of PT Freeport Indonesia
The life of the Amungme Tribe Society since 1967 to 2009 is all the same. It is forecasted that during the next 50 years, the tribes of Amungme and Kamoro will be the poorest among the poor in all the Papua Land, if, up to the moment PT Freeport Indonesia does not consider the further life of the Amungme Tribe Society around PT Freeport Indonesia area, post mining era.
I remember that what Tuarek Natkime said was right, "They come only to kill us, so that they can take whatever there is in the earth's belly for their wives and children." I also remember the prayer of Tuarek Natkime as his complain toward what happens to the Amungme Tribe Society. In his prayer to the Lord he said, "Lord, why do You put these gold and copper in the hak ulayat land of Amungme prople?"
THE RIOT IN 1996
(The 1% Fund; LPMAK; MOU-LEMASA)
In March 1996, a riot burst again in Tembagapura, was done by all the society around the area. Toward the happening, PT Freeport Indonesia offered a fund of 1 % (one percent) of its gross income toward the prosperity of the society. The fund is managed by the LPMAK under a strict control of PT Freeport Indonesia. But evidently, the fund that was offered had never been enjoyed by the Amungme Tribe Society and all the six tribes in Timika. The 1 % fund of 1996—2009 are held by the PT Freeport Indonesia. So, it is like: "The head is held, so is the tail."
In 1997—1998, the Amungme Tribe Society, thru their representative, Mr. Tom Beanal, accused PT Freeport Indonesia. But in the year of 2000, there was a changing in the way of thinking of PT Freeport Indonesia. Mr. James Moffett, the largest stock holder of PT Freeport Indonesia, opened his mind to enter parallelism and equality between the owner of hak ulayatand the Administrator of the Mining, by signing an agreement between Freeport McMoran and LEMASA, on July 13-2000 in New Orleans, Louisiana, U.S.A. But, the result of the agreement does not work up to the moment. What remains is just a written promises that is difficult to prove.
THE BUILDING OF BANTI
On December 29-2000, because the landslide in the Wanegen Lake in Grasberg, 14 workers of PT Freeport Indonesia were killed, and the property of Amungme Tribe Society, viz. fields were destroyed, the pigpen and the pigs were drowned; so were the houses of Banti Community. Because of the incident, the Amungme Tribe Society protested PT Freeport Indonesia.toward the incident, an agreement to build settlement in the village of Waa Banti I was signed between PT Freeport Indonesia and the Amungme Society. Among the others, the contents of the agreement were: PT Freeport Indonesia was ready to build wood settlement in Banti I.
The building in Banti I
THE DEMAND OF AMUNGME TRIBE SOCIETY
(The Fund of Trusteeship)
On June 27-2001, Amungme Tribe Society brought a charge by giving accusation against PT Freeport Indonesia. But before the accusation were processed in the court, PT Freeport Indonesia, unilaterally asked Amungme Tribe Society as the prosecutor, to abrogate the accusation. And because of the request of PT Freeport Indonesia, the representatives of PT Freeport Indonesia and the Tribes of Amungme and Kamoro went to New Orleans, U.S.A., to negotiate about the giving of Trusteeship Fund the tribes of Amungme and Kamoro, by offering of a part of PT Freeport Indonesia's stock, and that PT Freeport Indonesia agreed to give a sum of money to the society of the owners of hak ulayat $ 1,000,000 annually: $ 500,000 for the Amungme Tribe Society, and the other $ 500,000 for the Kamoro tribe. The Trusteeship Fund is taken from the 1 % fund annually of the gross income of PT Freeport Indonesia. But up to the moment, the using of the fund is not clear, while the communities of Amungme and Kamoro tribes are still poor, over their bountiful wealth. On the other side, the gross income of PT Freeport Indonesia is $ 20,740,420 daily.
THE BUILDING OF THREE VILLAGES
(Waa, Arwanop and Tsinga)
On June 27-2001 an agreement between PT Freeport Indonesia and the Amungme Tribe Society of the building of three villages was signed. Among the others the contents of the agreement were: "PT Freeport was ready to build wood settlement for Amungme Tribe Society in Banti II, Tagabera, Opitawak, Arwanop, and Tsinga." The money to build the three villages was also taken from the 1 % fund out of the gross annual income of the PT Freeport Indonesia. So far, PT Freeport Indonesia withholds all the 1 % funds of 1996—2009, and the society of the seven tribes and other Papuan people were just a symbol.
So far, PT Freeport Indonesia will do something if a problem arises. Other wise it does not care at all toward Amungme Tribe Society, the owner ofhak ulayat land around the operational site of PT Freeport Indonesia. PT Freeport Indonesia does not have initiative at all toward the Amungme Tribe Society, and this is shameful.
The houses of Amungme Tribe Society
THE REALITY OF LIFE AND THE SITUATION OF THE SOCIETY
Behind the above agreement, apparently the violence toward the Amungme Tribe Society continues to take place. For instance, around October 2007, the PT Freeport Indonesia provoked Amungme Tribe to fight against Dani Tribe, so that 13 people were wounded or killed.
The difference between the settlement of PT. Freeport's workers and the owners of the land.
The difference between the settlement of Amungme Tribe people in Baqnti Village and the PT. Freeport.
CHAPTER IV
THE SHARE: THE SHAREHOLDERS
At the moment, the shareholders of PT Freeport Indonesia are as follows:
- The Government of the Republic of Indonesia 9.36 %
- PT Indocopper Investama 9.36 %
- Freeport McMoran Copper & Gold, Inc. 81.28 %
Since the total percentage of the share is 100%, the question is:"WHERE IS THE SHARE OF THE AMUNGME TRIBE SOCIETY, THE OWNER OF HAK ULAYAT, that was promised by PT FREEPORT INDONESIA to the Amungme Tribe Society?
The financial benefit to Indonesia is as follows:
- Direct benefit: Tax, royalty, dividend, etc. $ 1.8 billion/annum
- Indirect benefit: $ 1.1 billion/annum
And the question is: "Where are the direct & indirect benefit for the Amungme Tribe Society, the hak ulayat owner?
CHAPTER V
THE STRUGGLE TO LOOK FOR JUSTICE
IN THE RIGHTEOUSNESS
THE NEXT GENERATION
Tuarek Natkime, The Big Head of Amungme Tribe, had passed away. But his words and his inspirations in his struggle to look for justice, are always remembered, because there are those who exploit the limitedness of his knowledge to the benefit of a world class of biggest enterprise that produces tons of gold and copper daily. The promise was a promise. "To eat from the same plate, to live in the same house" is just a dream that is too difficult to attain. Now the descendants of Tuarek Natkime become slaves and are treated as slaves by PT Freeport who had promised the collective happiness.
Indeed, PT Freeport Indonesia has no desire to respect the owner of hak ulayat land. It was proved by my own experience as the fourth child of Tuarek Natkime family, who, with a long struggle have become the first person who attained a Master of Law degree and Lawyer from the family who own a land with the richest mineral source in the world.
TITUS NATKIME
My name is Titus Natkime. I was born in Waa, Tembagapura on July 12, 1975, a year after the signing of January 1974 Agreement, among the Government of Indonesia, PT Freeport Indonesia, and the Amungme Tribe Society in Tembagapura. It is said in the agreement that a school for the children of Amungme, a settlement, a health clinic, economical development of the society will be built. But in the reality, those are empty promises.
When I was a young child and was under age, one day, I played with the children of PT Freeport Indonesia's workers In Tembagapura. Since I was hungry then, I stood at the entrance of the housing of PT Freeport's workers, to ask for food to every worker who stepped out of the door. But there were three security officials of PT Freeport behind me, to arrest me. I was taken to the security office in their vehicle. In the office, I was forced to take a bath in a pool, full of the wastes of PT Freeport, and then I was put into a container. There were three Dani's youths in it. For about an hour in the Freeport prison, I screamed and shouted for help. Finally the Freeport security let me out of the container because I was under age then. But the Dani youths were held there because they were 15 years old. Out of the experience, from then on, I never play with the Freeport workers' children anymore.
When I was in school age, I found difficulties to go to school because there was no school built by PT Freeport and the government, like what was promised. Fortunately, the church opened a school for the children up to 2nd grade, although it was prohibited by the PT Freeport. I was one of about 50 children of the school age who learned to read and write in Waa village. Not long after that, the school was closed, because PT Freeport will moved the Waa society to Timika.
Titus in front of the Worker of PT Freeport Housing's door, asking for food
Around 1984, many people were moved, including us, the school children. About 20 children were moved to Timika. But some of the Amungme people, including my papa, refused to be moved to Timika. However I decided to move to Timika so that I can go to school.
Thank God, my friends and I were accepted in the 2nd grade of SD INPRES #2 in 1984, although we had to live a hard life because of malaria and hot weather, unlike the Waa village, Tembagapura. Then, I was a foster child of a teacher of SD INPRES in Kwamki Lama. She was so good to me although I had to work hard for a bowl of rice. By the Lord's help, I passed the Elementary School in 1988, and I went into State Middle School (to be) Koprapoka, Timika.
Titus Natkime and his friends, when the Westerns took a bath in Mile 36, in 1988
After passing the Middle School for three years, I was invited by Brother Klemen Tinal (at the moment he is the Bupati of Mimika) to continue my school in the Hidup Baru Christian High School, Ciumbulleuit, Bandung.
THE LIFE IN BANDUNG
Bandung was a new and foreign place to me then. My father, Tuarek Natkime, is the owner of hak ulayat upon a land of the biggest gold and copper mining on earth, but I had to wash cars, became driver's assistant, and my mama has to breed pigs, gardening, and selling for a living, and to finance my schooling in Bandung, then.
Titus Natkime in front of Bandung's town square, 1993
Finally, I passed the High School in 1994, and I went into college. I took the Law studies, in STHB (The Bandung School of Law). During my study, my mama and my brother help to finance my study. In 1999 I finished my study and was graduated and got a Master of Law degree. My theses was, Aspek Hukum Lingkungan Terhadap Pelaksanaan Penambangan Oleh PT Freeport Indonesia Company di Hubungkan dengan Perlindungan Hukum Hak Ulayat Suku Amungme di Kabupaten Daerah Tingkat II Mimika Papua. [The aspests of the Law of Environment Toward the Practice of Mining by PT Freeport Indonesia in Connection with the Law Protection of the Law of Hak Ulayat of the Amungme Tribe Society in the Kabupaten Daerah Tingkat II Mimika Papua].
During my study, in the Elementary School, Middle School, High School, and College, I had never got scholarship or help whatsoever, from PT Freeport Indonesia; whereas PT Freeport Indonesia has taken the wealth of gold, copper, uranium, and lime stone of the hak ulayat land of Natkime Family.
Titus Natkime, SH, in his graduation as a Master of Law, 1999.
WORK AS A FREEPORT'S WORKER
Not long after graduated from the college, I began my working career. On March 2000 I was accepted as a worker of PT Freeport Indonesia in Jakarta as a Supervisor of Government Relations Department of PT Freeport Indonesia.
Titus Natkime as a worker of PT Freeport Indonesia in a seminar
During nine years as a PT Freeport Indonesia worker I had opportunities to get many things as lessons and experiences as a worker, given by the PT Freeport Indonesia.
However with the passing of time, I realize that in its management, PT Freeport Indonesia still has a strong but disguised discrimination elements in connection with religion, colleagues, politics, etc., especially toward a Papuan like me.
So far, the Management of PT Freeport Indonesia does not give the assignments, authorities, and responsibilities in the PT Freeport Indonesia, as it should be, to us, the Papuans, due to our "lack of abilities." On the other side, they never give us the full trust to us, the Papuans, to show our real abilities. What they used to do is give an ultimatum and appoint other people in a higher position, with higher assignments, authorities, and responsibilities.
During my career in the PT Freeport Indonesia, the enterprise never give us, the Papuans, including myself, the raising of position or career, the duty, authority, and responsibility. During 9 years of career, now I am still in level 1, just like 9 years ago, when for the first time I worked in PT Freeport. Meanwhile, many or my colleagues, get much more rising although they are relatively new.
It is only us, the Papuan workers and I who can feel the disguised discrimination — of tribes, education, colleagues, relations, and politics. We, so far, are minorities who are powerless in the enterprise. We can only hope. We are just spectators and coolies.
In all these conditions, we, the Papuans, feel that we are separated out, although there was an impression that I was got a special treatment. But as a person who have capacity, I was waiting and hoping for a change and understanding from the Management of PT Freeport Indonesia. However it will not happen if we, the Papuans keep silent.
Therefore I had decided to oppose, directly or un-directly. I have recalled the history of PT Freeport Indonesia from the beginning, and it opened my mind and motivated me that I am a part of the owner/heir of hak ulayat. And as the owner/heir I do not deserved these kinds of treatments.
Therefore, it is not fair for all my family and I in our living in comparison with the living of the authorities of PT Freeport and the Government of Indonesia who take part as the shareholders of PT Freeport Indonesia.
Thus, I am sure that my position as PT Freeport's worker will not take me further if I sill in he enterprise as a worker, because I am just a coolie in the PT Freeport.
So, on May 20-2009, I resigned from the PT Freeport Indonesia, officially.
I resigned because of my heart's calling, after seeing our people's living, who suffer more and more in their own rich land. Besides, during my 9 years work in PT Freeport, I never got any respect, from the beginning until I resigned.
When I had resigned, the PT Freeport management transferred money ofRp.14,902,506 into my bank account, on June 24-2009. However, my monthly wages so far are as follows:
1. Base pay Rp 9,676,000
2. Fuels Rp 2,500,000
3. Car service Rp 1,500,000
Total Rp 13,676,000
It was a humiliation to me, because I worked for PT Freeport Indonesia for more than 9 years. And according to the Work Force Regulation, is the money suitable?
THE DIFFERENCE IN EDUCATION CONDITION
Learning from and thru my education journey, give us a clear picture about the education in Papua land, specially in Waa valley, Aroanop, and Tsinga, around the area of PT Freeport Indonesia, Tembagapura. Officially, the elementary education for the Amungme Tribe Society began in 1997. and it happened after the society of seven tribes did a mass strike around the PT Freeport Indonesia and made the mining production closed for three days (March 12-14, 1996).
THE PEOPLE FEEL THE IMPORTANCE OF EDUCATION
In 1998 the children of Amungme Tribe began to feel the importance of education (Elementary School). It was happened as one of the result of the people's demand in 1996 tragedy, when the people of seven tribes protested against PT Freeport, that finally PT Freeport Toward the incident, PT Freeport offered a fund of 1 % (one percent) of its gross income toward the prosperity of the society, that was managed by LPMAK.
Why the education only began in Banti, Tsinga and Arwanop? Was it a part of the strategy of the authorities so that they can take the natural wealth greedily and forcefully?
Of course, it is! That is what so called indifference or negligence toward the society. It is presumed that according to the behavior of PT Freeport so far, Freeport is afraid that if the people of Amungme have high knowledge and have critical thinking, and the ability to analyze the condition and the environment, that will disturb the enterprise's activities to mine tons of gold, silver, and copper out of the Amungme Land without considering the prosperity of the indigenous people. Thus, the Amungme people may not be clever and be able to compete with other Indonesians, because it will be a threat toward non-Papuan people who come to work and to take over the important positions in the PT Freeport Indonesia. This process of negligence is presumed to be humanity crime that had been done for more than 42 years activities of PT Freeport in Indonesia in Papua Land in 1967.
THE NEGLIGENCE PROCESS TOWARD INDIGENOUS PEOPLE
The negligence process is happened not only by not giving opportunity to learn to the indigenous people around Tembagapura, but also in all the aspects of life of the society who has the hak ulayat, upon the health, the killing of the indigenous people without a clear trial, the negligence to kill each other (tribal war), the negligence for not develop to follow the progress of the world, the divisive politic among tribes the live harmonious, hand in hand so far, and accusing Amungme people did crimes of humanity or killed civilians and an American teacher in Tembagapura, whereas it was done by a irresponsible man. All of these lead to ethnical annihilate, or often so called 'genocide.'
CHAPTER VI
A NEW HOPE
THE FUTURE OF PAPUA
With all that had happened during the last few decades, there is no reason to that the time will return back. What remains is what will happen in the days or times to come for the Papua Society in general, particularly Amungme and the surrounding tribes that are far from the prosperity that should be owned and tasted and experienced as the owner of the hak ulayat – that the reality is very far or almost impossible.
However, with a strong will and spirit to look for justice and righteousness that is exist so far, and with the support of the government the New Papua, may there be a new PT Freeport that is in accord with the dreams of a new Papua that is also idealizes by. The Governor of Papua Province, Barnabas Suebu, SH.
Barnabas Suebu, SH.
He said that PT Freeport must be transparent and opened in all its steps, because all that it had done so far, will be seen, got caught, and proofed, in its time. The year 1967 was the year of isolation, within which PT Freeport could do what it wanted to do in the gold and copper mining area. But these recent years is an era within which we cannot overcome the information and communication technologies to open its mask of deceit and trick. These information and communication technologies that ever develop will open the crimes of humanity that were done secretly.
Barnabas Suebu and Titus Natkime
The hak ulayat that has not been paid so far, is still demanded by the Amungme Tribe Society, and the trusteeship fund, the 1 % that should be given to the society of the owner of hak ulayat, was given by the PT Freeport to the Kabupatens (regencies) of Papua thru their Bupatis around the mining area, and were suspected that the funds were transferred to their personal accounts, and not to the Community Development Budged, and the other promises that were not yet given justly and professionally.
Besides, there is also the demand of traditional society for the payment of the net profit. All of these must be opened to be done transparently. PT Freeport has to apologize to the people of Amungme and Kamoro and all the Papuans for the sake of our togetherness as human beings who inhabit our beloved earth.
CHAPTER VII
THE OBJECTIVE OF THE STRUGGLE TO LOOK FOR JUSTICE
THE HEART TALK
"Berdiri sama tinggi, duduk sama rendah." [Standing, we are the same high, sitting we are the same low]. This old saying is always to be taken as a parameter to look objectively the condition and situation of the reality of life of Amungme Tribe Society and its surrounding since the birth of PT Freeport as the "Capital Owner" and Amungme Tribe Society as the "Hak ulayat and the Natural Resources: Gold, Copper, etc., Owner". The question: Is the above saying is a reality, or just a merely a saying or a slogan spoken without a "heart"? Then, why all those beautiful promises never become realities so far?
Titus Natkime and J.B Moffett; "Berdiri sama tinggi, duduk sama rendah"
THE LEGAL PROCESS
As a common human being and a citizen of Indonesia, who have the same right under the Constitution of the Republic of Indonesia, and the positive law of Indonesia, then the whole journey of this struggle will be in accord with the existing legal process. And of course it is hoped that finally it will give a just and genuine answer and outcome to all parties to Amungme Tribe Society particularly, the owner of hak ulayat, and Papuan society in general.
And in the same manner as the legal process that is on its way, therefore the accusation against PT Freeport Indonesia had been registered in the Kepaniteraan Pengadilan Negeri Jakarta Selatan (The Office of First Instance of South Jakarta), No: 1247/Pdt.G/2009/PN.JKT Sel, on May 27-2009 by Lawyer Team of Amungme Tribe Society.
CHAPTER VIII
FINAL WORDS
THE THANKS
Thanks to those who read and help and support this journey of struggle for the sake of "justice" that tas to be erected. And, God willing, all will happed. May the Lord bless all of us.
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