[Kabar-Irian] Irian News - 1/03/06
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- The West Papua Report
- Special autonomy treading water
- Freeport denies pollution reports, vows to comply with govt rules
- Part of Tangguh Field Gas Intended to Meet Domestic Need
*****************************
The Robert F. Kennedy Memorial Center for Human Rights
The West Papua Report
December 2005
The following is the 22nd in a series of regular reports prepared by the
Robert F. Kennedy Memorial Center for Human Rights (CHR)-West Papua
Advocacy Team providing updates on developments in West Papua. The CHR has
monitored and reported on the human rights situation in West Papua since
1993 when Indonesian lawyer Bambang Widjojanto received the annual RFK
Human Rights Award.
For more information, please contact:
Emily Goldman, RFK Senior Program Officer –1-800-558-1880
Edmund McWilliams, West Papua Advocacy Team Member – (703) 899-5285 and
(703) 237-3913
Summary/Contents
* The New York Times Exposé Regarding Freeport-McMoran Prompts
Investigation Calls
* Militarization of West Papua Accelerates
* U.S. Congressmen Call On African Nations to Request UN Review of West Papua
* Papuan Officials Resisting Central Government on Dividing West Papua
* Governor Solassa Dies
* Central Government Finally Responds to Starvation Tragedy After Initial
Denials
* British Parliamentarians Protest Use of British Equipment to Abuse
Papuans' Rights
*The New York Times Exposé Regarding Freeport-McMoran Prompts
Investigation Calls
The New York Times published an extensively researched exposé on 27
December 2005 revealing activities of U.S. firm Freeport McMoran, which
has operated the world's largest copper-gold mine in West Papua since the
late 1960s. The report details the extraordinary environmental damage
caused by the project as well as negative impacts on the health and
welfare of the local Papuan population. It documents payments made by
Freeport McMoran to the Indonesian military and police in excess of US$20
million, including individual payments to senior military and police
officials, some in excess of US$100,000.
The report has prompted calls from senior Indonesian government officials
for investigations. Minister of Defense Sudarsono, according to Associated
Press reporting, called for investigations regarding the alleged US$20
million payments, noting that payments to individual military commanders
violate Defense Ministry regulations. A senior official in the State
Ministry of the Environment told the Jakarta Post on 30 December that the
Ministry had ordered Freeport McMoran to stop disposal of mine waste in
the Otomina River and had threatened legal action over the issue.
Indonesian human rights advocates have called for similar investigations
of Indonesian authorities relating to claims in the article. The NGO
spokespeople noted that such direct payments by foreign mining and energy
companies to the military undermine efforts to bring the politically
powerful armed forces under civilian control. Less than one-third of the
financing for Indonesia's armed forces comes from the state budget; the
rest comes from legal and illegal businesses, including the payments
described in The New York Times article which allow the military to
operate outside of the civilian government's financial controls.
The New York Times article does not report on the failure of the U.S.
government over several decades to address the conduct of this U.S. firm
whose activities damaged the image of the U.S. and of U.S. business in
Indonesia. Edmund McWilliams, a retired Senior Foreign Service Officer who
served as Political Counselor at the U.S. Embassy in Jakarta from
1996-1999, noted that "it is now incumbent on the U.S. Administration to
determine if these years of secret Freeport payments to military and
police officials constitute violations of the Foreign Corrupt Practices
Act." Noting that Indonesian military forces are responsible for crimes
against humanity targeting Papuan civilians, McWilliams added, "It is also
necessary to determine if Freeport's support of the Indonesian military
with financing and equipment rendered Freeport complicit in those human
rights abuses."
In a surprising admission in the wake of the publication of The New York
Times article, Joint Services spokesman Maj. Gen. Kohirin Suganda
acknowledged that Freeport had provided support, including vehicles, fuel,
and meals directly to units in the field. Freeport has also provided use
of its company aircraft to transport armed Indonesian military personnel,
according to McWilliams who said he had observed such action.
Militarization of West Papua Accelerates
Despite long-standing appeals by Papuans to transform West Papua into a
"Zone of Peace," its militarization is accelerating. In addition to
deployment of what the Indonesian military says will be a full Kostrad
division (10,000-15,000 troops) by 2009, smaller, unpublicized build-ups
are underway. Papuan sources report that the navy has moved four ships and
200 personnel into Manokwari and that the Indonesian navy has also begun
development of a base in the Bintuni City area. Both sites are in the
Birds Head region.
The Jakarta Post (3 December 2005) reported that Papuans were continuing
protests of the recent deployment of new forces in villages throughout
West Papua (see the November 2005 West Papua Report for additional
details). This growing presence has drawn public censure from members of
the Regional Representatives Council (DPD) as well as from Papuan
citizens. The DPD representatives complained that because of the growing,
intimidating military presence, Papuans were unable to voice their
political aspirations freely and that villagers living in remote areas
were restricted in their movements for fear of being branded as
separatists. One of the representatives, Ferdinanda, told an NGO gathering
in Jakarta that "many people have been shot dead, arrested, or branded as
separatists after speaking out about politics or protesting government
policies," according to the Jakarta Post report. She added that the
security authorities treated Papua as a military operation zone and the
indigenous population was subjected to intimidation.
In a typical example of intimidation, a solider with the 643rd Infantry
Battalion killed Papuan Liborius Oka 1 December 2005 in Aski District.
Four TNI soldiers were searching for Oka, purportedly about a break-in,
when they encountered his wife and child. As they threatened her and her
son at gunpoint, demanding to know the whereabouts of her husband, Oka,
who was nearby, intervened to protect his family and was shot. Military
prosecutors sought only a seven-year sentence for the solider assailant,
far short of the maximum 20-year sentence possible under the manslaughter
charge. The judge handed down a six-year sentence. Papuans protested the
light sentence, noting that Papuans engaged in peaceful political protest
such as Papuan rights advocate Felip Karma typically receive much longer
sentences (Karma received a 14-year sentence for his peaceful political
dissent recently).
Possibly reacting to growing Indonesian and international criticism of
plans to deploy a new Kostrad division to West Papua, TNI chief Gen.
Endriartono Sutarto appeared equivocal in public comments 2 December,
contending that the Indonesian military was only "considering" deploying a
new division to West Papua. Possibly also complicating the military’s
plans is the still uncertain outcome of the central government’s attempt
to divide West Papua by forming a new "West Irian Jaya" province. Much of
the new division’s deployment was planned for this new province, the
formation of which is meeting strong resistance from Papuans (see
following item). Moreover, formation of (a) new province(s) would entail
creation of new provincial-level military commands, thereby expanding the
growing military presence in West Papua.
*U.S. Congressmen Call On African Nations to Request UN Review of West Papua
Congressman Eni Faleomavaega (D-American Samoa), Ranking Member of the
House International Relations Subcommittee on Asia and the Pacific, and
Congressman Donald Payne (D-New Jersey), Ranking Member of the House
International Relations Subcommittee on Africa, Global Human Rights, and
International Operations and Chairperson of the Congressional Black Caucus
announced on 16 December 2005 that they have called upon the African
nations to request a review of the United Nation's actions in West Papua.
Additionally, the Congressmen included historic language in the U.S.
Foreign Relations Authorization bill for FY 2006 and FY 2007 which
requires the U.S. State Department to submit to Congress a report
analyzing the 1969 “Act of Free Choice.” The language requires the State
Department to submit a report detailing implementation of special autonomy
for Papua and Aceh. Such reports shall include (a) an assessment of the
extent to which each province has enjoyed an increase in revenue
allocations and decision-making authority; (b) a description of access by
international press and NGOs to each province; (c) an assessment of the
role played by local civil society in governance and decision-making; (d)
a description of force levels and conduct of Indonesian security forces in
each province; and (e) a description of U.S. efforts to promote respect
for human rights in each province.
The U.S. House of Representatives passed this legislation on 20 July 2005.
The Congressmen’s 16 December 2005 statement noted: "As this matter is now
pending between the House and Senate, Congressman Faleomavaega and
Congressman Payne are determined to keep Indonesia under the spotlight
until exploitation, violence, and racism in West Papua is brought to an
end."
The Congressmen's request comes in response to a petition they sent to
U.N. Secretary-General Kofi Annan on 14 March 2005, in which they
requested his support in conducting a review of the 1969 “Act of No
Choice” in which 1,025 Papuan elders were coerced and manipulated into
voting unanimously on behalf of 80,000 Papuans to become a part of
Indonesia rather than an independent nation.
In a letter dated 26 September 2005, the Secretary-General informed
Congressmen Faleomavaega and Payne that he would consider a review of the
1969 Act and the U.N.'s conduct in West Papua if the General Assembly
called for it. Should the Assembly decide to revisit this issue, Annan has
assured that he will do his utmost to implement the Assembly's mandate.
Many African nations raised objections at the time to the 1969 UN action
related to the "Act of Free (No) Choice."
*Papuan Officials Resisting Central Government on Dividing West Papua
Despite central government pronouncements that the formation of the new
"West Irian Jaya" province would be legalized through presidential
regulation followed by an election of the new province's governor, Papuan
officials continue to resist the plan. Under terms of the "Special
Autonomy" law, approval of the division of West Papua and of gubernatorial
candidates is the prerogative of the newly formed Papuan Peoples Assembly
(MRP). According to senior MRP officials, there is a strong consensus
against division of West Paua, and specifically against the creation of
"West Irian Jaya." MRP members refused central government pressure to
acquiesce to Jakarta's plan to accept the division by a mid-December
deadline and instead have returned to the regions they represent to take
soundings among their constituents and, for many, to celebrate Christmas.
The sudden death of West Papua Governor Jacob Salossa, who was to have
drafted a “white paper” regarding the creation of West Irian Jaya, for
review by the MRP and Papuan Presidium Council, further complicates plans
for a division of the province (see following item for more information).
*Governor Solassa Dies
West Papua Governor Jacob Salossa, whose second term was extended until a
new governor could be elected, died suddenly on 19 December at 57 years of
age. Circumstances surrounding his death have raised suspicion that he may
have been murdered, as have been Theyes Eluay and other prominent Papuan
leaders in recent years. Although officials initially claimed that Salossa
died of a heart attack, accounts by his driver that he had suffered
stomach pains and foamed at the mouth after a public ceremony led to
speculation that he might have been poisoned. His family has not sought an
autopsy.
Salossa was considered a likely candidate for a third term as governor in
elections expected in 2006. Other candidates include John Ibo, chairman of
the parliament in Jayapura, Constan Karma, Salossa's deputy, former
governor Bas Suebu, and Australian-trained Lukas Enembe.
*Central Government Finally Responds to Starvation Tragedy After Initial
Denials
After initial denials that severe food shortages in West Papua's central
highlands had led to severe malnutrition and death by starvation of 55
individuals, the central government in mid-December provided food and
other assistance to the suffering population in Yahukimo District. Local
medical officials noted that the population was also suffering extensively
from malaria and tuberculosis. Despite the multiple reports by the media
and local officials, including the District Chief, regarding the severe
food shortage brought on by the failure of the potato crop, Minister of
Health Siti Fadilah Supari contended publicly on 18 December that there
had been no famine. She added that her Ministry had been monitoring the
area for six months.
The food shortage underscored mounting domestic and international
criticism over the central government's failure to monitor and/or
ameliorate the economic plight, medical conditions, and general welfare of
most of the Papuan population. This neglect, which is pervasive in West
Papua, was detailed in a World Bank study discussed in the November 2005
West Papua Report that concluded that nine out of 10 Papuan settlements
lack access to any health facilities.
* British Parliamentarians Protest Use of British Equipment to Abuse
Papuans' Rights
As of 13 December 2005, 36 members of the British Parliament had signed a
protest over military equipment the British government sold to the
Indonesian government, which the latter utilized to abuse Papuans’ human
rights. The text of the Parliamentarians’ protest follows:
“That this House:
- is appalled at reported deployment of British-supplied military
equipment by Indonesian forces against civilians in West Papua;
- notes that the British Government has hitherto accepted assurances by
the Indonesian government that the equipment supplied would be used only
for external defense;
- and accordingly calls for a halt to all arms and equipment supplies and
an investigation into the abuses of human rights in West Papua.”
The Indonesian military, in its repression of Papuans in the early years
of its occupation, employed OV10 Bronco
air-to-ground attack aircraft and other U.S.-sourced military equipment to
subjugate and intimidate the Papuan population.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Jakarta Post.com
National News
January 03, 2006
Special autonomy treading water
A'an Suryana, The Jakarta Post, Jakarta
Four years after special autonomy legislation came into effect in Papua,
it has been called a failure for not living up to the expectations of the
people.
Special autonomy has not improved the lives of Papuans, many of whom live
in poverty in spite of the funds channeled to regional administrations for
the autonomy drive, which total between Rp 1.3 trillion and Rp 1.5
trillion a year.
Many Papuans feel alienated as they continue to lack representation in the
process of public policy-making on their own soil.
It was not until November this year, for example, that the central
government established the much-awaited Papuan People's Council (MRP).
The government's commitment to special autonomy has always been
questionable, particularly after then president Megawati Soekarnoputri
took the surprising step in 2003 of instructing the partition of Papua
into three provinces -- Papua, Central Irian Jaya and West Papua.
The instruction violated the law on special autonomy issued in 2001. The
law rules that the MRP must give its approval -- or at least have been
consulted -- before a new province is established. But, at the time of the
partition, the MRP was yet to be established.
Since that year, protests by Papuans have been frequent, but all have
fallen on deaf ears. The discontent culminated in August this year when
some 10,000 Papuans stormed the office of the Papua legislative council in
Jayapura, demanding the government review the special autonomy law.
The Papuans, in the largest protest ever staged in the province, also
demanded that the central government hold a national and international
dialog to solve Papua's problems. The protest was an accumulation of
displeasure among Papuans on the way the government handled the special
autonomy drive.
Aware that the Papua discontent could escalate, the central government
then prepared several measures to win the hearts and minds of Papuans. In
the MRP case, the government has expedited the MRP's establishment with 42
MRP members finally elected and inaugurated in October this year.
The government has also delayed indefinitely the election of West Papua
governor set for Nov. 28 amid mounting protest over the legitimacy of West
Papua province. As earlier stated, many Papuans have considered the
establishment of West Papua province invalid as it violated the special
autonomy law.
In tackling the issue of wealth distribution, the government has taken a
tough stance against local government officials allegedly involved in
corruption. Such stern measures are needed as corruption has been
considered the culprit behind the faltering wealth distribution process
under the special autonomy drive, with the money going to the coffers of
Papuan officials and not the people.
Some Papuan government officials are being prosecuted including David
Hubi, the regent of Jayawijaya, who has been accused of embezzling
regental budget funds in 2002 and 2003 amounting to Rp 100 billion
(US$10.4 million).
But, the above measures are not enough. The government has to identify
areas where there is room for improvement. Sending corrupt government
officials to jail may deter others from committing crimes, but combating
corruption is just one issue that the government has to deal with in terms
of wealth redistribution.
The most important issue in wealth redistribution is that Papuan officials
lack training, experience and awareness in redistributing wealth through
development. Local government officials have to be trained in order to
enable them to plan and execute development programs. Awareness that the
money under the autonomy drive is coming from the people, and is for the
people, must be instilled in their minds.
The prudent use of special autonomy funds is important as vast funds have
been allocated.
Under the autonomy law, Papua receives 70 percent of oil and gas revenues,
while before special autonomy, the easternmost province received 15
percent of state revenues, with the remaining 85 percent going to the
central government's coffers.
Despite the considerable money going into the autonomy drive, the funds
have not been well spent.
Papuan opposition leader Fadel Al Hamid said the distribution of wealth in
Papua continued to be poorly implemented.
The funds disbursed this year totaled Rp 1.7 trillion for a population of
some 2 million people, but only 400,000 of them benefited from the money,
he claimed.
"Those 400,000 consist of Papua government officials and their families,"
said Fadel, the secretary to the Papuan Customary Council, quoted as
saying by Kompas daily on Aug. 6.
It is ironic that Papua is rich in natural resources but its people still
live in abject poverty.
Meanwhile, in the issue of representativeness, the government has still
excluded pro-independence Papuans from the policy-making process, thus
keeping their spirit for independence alive. The pro-independence leaders
are not represented in any of the people's representative institutions, be
it the MRP or political parties. Including them in the policy-making
process has become a challenge for the government, which hopes to put to
an end the ongoing struggle in the region for self determination through
their inclusion.
Granting them the opportunity to set up local political parties like in
Aceh under the Helsinki peace deal could be one option, though some are of
the opinion that this could result in a backlash against the central
government later on.
The government should also work at winning back Papuans' trust, which is
at an all-time low due to the partition of Papua and the long delay before
the MRP was set up.
>From a Papuan perspective, the two examples reflect the central
government's habit of bending the law. In order to regain trust from
Papuans, the government should respect the law above all else.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Jakarta Post.com
National News
January 03, 2006
Freeport denies pollution reports, vows to comply with govt rules
Tb. Arie Rukmantara, The Jakarta Post, Jakarta
PT Freeport Indonesia (PTFI) has denied reports that the world's biggest
gold and copper mining company was polluting rivers near its mining site
in Papua.
The U.S.-owed firm has never violated any environmental legislation or
regulations during its more than three decades of operations in the
resource-rich province, Freeport spokesman Siddharta Moersjid told The
Jakarta Post on Monday.
He said Freeport would comply with any regulations set by the government
and would also protect the environment in Papua.
"PT Freeport Indonesia will work cooperatively with the State Ministry of
Environment to address any concerns they may have, as we had always done
in the past," he said in an email to the Post.
"We share the same goal, which is to continually improve environmental
management," Siddharta added.
Earlier, the office of the State Ministry of Environment told PTFI to find
alternatives to disposing of its hazardous waste rather than dumping it
into the nearby Otomina River.
The tailings system, called Riverine Tailing Disposal (RTD), is considered
by many environmentalists to be a practice of the past that is no longer
acceptable.
According to the Mines and Communities website, such a method of waste
disposal causes severe damage to water bodies and the surrounding
environment.
However, Freeport's 2004 Working Towards Sustainable Development Report
said a Tailings Review Committee, consisting of various government
agencies and PTFI, concluded that RTD was the best option of the 11
available alternatives discussed by the team.
The assistant to the deputy minister of environment, Rasio Ridho Sani, has
confirmed that PTFI had secured an AMDAL (environmental impact analysis),
but said it was not a permit for it to dispose of its mining waste to the
river.
"However, Freeport officials are very cooperative and we're hoping to
grant the tailings disposal permit by mid this year," he said, adding that
his office wanted the company to shift its tailings onto land.
Mining Advocacy Network (Jatam) executive director Siti Maimunah supported
the call for PTFI to shift its tailings method as RTD violates government
regulations on water sources protection.
"The regulations stipulate that tailings are not allowed to be disposed of
into water sources," she said, projecting that up to the present,
Freeport's tailing could reach 800 million tons.
Maimunah also said that with the company's production capacity increasing
every year, the environmental capacity of the river could not accommodate
the mining waste.
A study of PTFI's tailings system carried out by the Mining, Minerals and
Sustainable Development organization said the disposal method was selected
when production was only some 7,500 tones of ore per day.
PTFI's report said the company's production last year averaged 43,600
metric tons of ore per day.
Maimunah further said President Susilo Bambang Yudhoyono should take firm
measures to resolve the problem.
"Why? Because the President had dealt with Freeport when he was once the
minister of mines and energy," she added. Susilo held the ministerial post
during the administration of former president Abdurrahman "Gus Dur" Wahid.
The Post reported in May 2000 that Susilo forced Freeport to cut its daily
output by about 30,000 tons of ore to prevent landslides at the company's
dumping site in Wanagon Lake, where earlier in the month a landslide had
injured four workers.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Antara
Jan 03 19:23
Part of Tangguh Field Gas Intended to Meet Domestic Need
Jakarta (Antara News) - The government will use the remainder of the
natural gas production of the Tangguh field in Papua totalling three
million tons a year to meet demostic needs, a spokesman of the Oil and Gas
Upstream Body (BP Migas) said here Tuesday.
"Several state enterprises such as electricity company PT PLN), sugar
company PT PGN and oil and gas company PT Pertamina have expressed
interest in buying gas from the Tangguh field," BP Migas Chief Kardaya
Warsika said.
Development of the Tangguh Field would be done by the constrtuction of
three trains,he said adding that three countries already had signed
contracts to take a total of 6.9 million tons per year from the Tanggu
field which would have an overall producation capacity of 7.6 million tons
per year.
Of the amount, some 2.6 million tons of liquefied natural gas (LNG) per
year would be sent to Fujian, China, which had signed a relevant contract
in 2002.
The others, namely some 0.55-0.66 million tons of LNG per year would be
sent to South Korea based on two purchasing contracts signed in 2004 with
POSCO and K-Power.
And the other 3.7 million tons of LNG per year would be sent to Mexico for
20 years based on a contract signed with Sempra Energy LNG Corp. Mexico,
he added.
The governemnt was still looking for buyers for the rest of the output of
the third train, namely three million tons per year, he added. Part of the
outpput of this train would be used to meet doemstic demand. he said.
So far, only PGN and its consortium had conveyed an official request to
buy gas from the third train.
"The consortium may be with PGN or Pertamina," he said.
Part of the gas production of other fields besides Tangguh, would also be
used to meet domestic demand.
"If possible, 100 percent of gas production of all fields will be sued to
fulfil demostic demand," he added.
This, he said, included the gas reserves in small fields with a capacity
of under 100 million cubic feet per day would only be prioritized for
local market.
Meanwhile, for gas reserves in the big fields, such as Masela, Maluku and
Natuna, Riau Island it would still be seen whether or not it would be
absorbed by the domestic market, he said.
"If not, the gas will be-exported," he added.
On the shifting of the export destination in China from Fujian to another
province, such as Guangzhou or Hong Kong, Kardaya said so far BP Migas had
so far not recived any report to that effect. "There has been no dicussion
on the issue (the shift)," he said.
Previously, Mineral Reseoruces and Energy Minister Purnomo Yusgiantoro
signaled shift saying that of the 2.6 million tones of LNG, some 1.6
million tons might be sent to other provinces in China such Guangdong or
Hong Kong.
KABAR IRIAN ("Irian News") www.kabar-irian.com
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