Wednesday, October 3, 2012

1) INDONESIA: Police shoot an unarmed civilian and spread a false report on the incident in Nabire, Papua


1) INDONESIA: Police shoot an unarmed civilian and spread a false report on the incident in Nabire, Papua
2) Unrest Tarnishes Drive to Tap Indonesia’s Gold Riches
------------------
http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-177-2012
To unsubscribe click this link, to change preferences click this link
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-177-2012


3 October 2012
---------------------------------------------------------------------
INDONESIA: Police shoot an unarmed civilian and spread a false report on the incident in Nabire, Papua

ISSUES: Police violence
---------------------------------------------------------------------

Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the shooting of a civilian on 24 September, 2012 by the police in Nabire, Papua. The police shot the unarmed civilian in the right thigh after the latter blocked the road connecting Nabire and Pedalaman. The police later brought the victim to the hospital before taking him to the Nabire Police Station for questioning. The police have now spread false news that was crossfire taking place and that the shooting was unavoidable.
CASE NARRATIVE:
According to a local activist, on 24 September 2012 at around 6am, a group of drunken young men were blocking the road which connects Nabire to Pedalaman, in front of a school located at Gerbang Sadu Village, Nabire. A group of police in a car wanted to pass the road but the drunken youth asked them for some money. The police later fired warning shots which scared the men off and they instantly went home. Three of them, however, rode a bicycle and went to Wadio Atas to hide. The police reported this to their office, Nabire District Police Station.
At around 8am on the same day, Nabire Police Station deployed a truck of its police officers to Wadio Atas to find the three young men in hiding. The police wanted to arrest the men for blocking the road and attempting to ask money from the police. The police found them yet two of them successfully escaped for the second time. Kristian Belau, however, was drunk and he approached the police instead of running away. As he was doing so, the police shot him in his right thigh even though he was unarmed and did not pose any threat. There was no imminent danger whatsoever posed by Kristian that might justify the shooting. The police later took him to Siriwini Hospital in Nabire for his wound to be treated and then to the police station for questioning. It is reported that Kristian was also being beaten by the police on his way to the hospital.
The number of police officers involved in the shooting is still unclear. The spokesperson for Papua Regional Police, AKBP I Gede Sumerta, told the media that crossfire between the police and a group of civilians was taking place and they managed to shoot Kristian Zonggenau, one of the three up to five men involved in the group. According to him, the group was armed and the shooting took place in Urumusu, which is 45 kilometres away from where the shooting actually happened.
ADDITIONAL INFORMATION:

The use of force by the police and other security officers in exercising their duties should be performed only in the circumstances when it is strictly necessary. The Chief of the Indonesian National Police’sRegulation No. 1 Year 2009 on the Use of Force reaffirms this in one of its articles, Article 3 letter b, which emphasises the importance of ‘necessity’ principle, meaning use of force should only be performed when it is needed and unavoidable for the police in exercising their duties. In addition to the necessity principle, the police should also pay extra care on the proportionality of measures they take. The force used should not be excessive – it should not be greater than the danger caused by the threat. Given this, and coupled with the fact that Kristian was unarmed, the police should have not shot him.

Kristian Belau’s action to block the road connecting Nabire and Pedalaman can perhaps be categorised as a ‘passive action’ which, according to the similar Police Regulation, means actions that do not aimed to attack an individual or group of individuals but may cause disturbance to public order. Yet even in such case, the police was only supposed to use bare hands to deal with Kristian in accordance with Article 7 (2) letter a of the Regulation.
SUGGESTED ACTION:
Please write to the listed authorities below urging them to properly conduct criminal investigation on this case. Police officers who are responsible for the injury of Kristian Belau shall receive adequate punishment in accordance with law and the shot victim should be compensated.

To support this appeal, please click here: 

SAMPLE LETTER:
Dear ___________,
INDONESIA: Police shoot an unarmed civilian and spread a false report on the incident in Nabire, Papua
Name of victim: Kristian Belau
Names of alleged perpetrators: Police officers of Nabire District Police Station
Date of incident: 24 September 2012
Place of incident: Nabire, Papua

I am writing to voice my deep concern regarding the shooting against a civilian on the 24 September 2012 in Nabire, Papua. According to the information I received, the police officers of Nabire District Police Station had shot Kristian Belau on his thigh and spread false information on the shooting. I am aware that AKBP I Gede Sumerta who is the spokesperson for Papua Regional Police has named Kristian as a part of an armed civilians group who engaged in crossfire against the police in Urumusu.
I have been told by the family of the victim, however, that Kristian Belau is not part of an armed civilian group and he did not pose any harm towards the police or the public that it was necessary for him to be shot. What actually happened is that Kristian and some of his friends were drunk and blocking the road which connects Nabire and Pedalaman that several police officers riding in a civilian car could not get through. The police later fired warning shots which successfully scared the young men off that some of them went home. Kristian and his two other friends, however, escaped and went to Wadio Atas to hide.
On the same day at around 8am, Nabire District Police Station deployed sent a truck of officers to Wadio Atas to find Kristian and his friends. The police wish to Kristian and the other men for blocking the road as well as for attempting to extort the police. The police managed to find them but Kristian’s friends successfully ran away for the second time. Kristian, however, was drunk that he approached the police instead of running away. As he was doing so, the police shot him on his right thigh that he was wounded then took him to Siriwini hospital. I have been told that Kristian was also being beaten on his way by the police on his way to the hospital.
Given the fact that Kristian Belau was unarmed and did not pose any imminent danger or threat to the police, I am of the view that the shooting against him in this case is an excessive use of force. I am aware that, under Indonesian law, the police should only use force in situations where it is strictly necessary. The force performed should also meet the ‘proportionality test’ - it should not be greater than the danger caused by the threat.
I am calling you to ensure a criminal investigation on this matter is taking place. The shooting shall be adequately and effectively investigated and the police officers who found to be responsible for it should be proportionately punished in accordance with the law. Kristian Belau should also be given proper compensation and the expenses of his medical treatment should be covered by the government.
I look forward for your swift and proper response in this matter.
Yours sincerely,
----------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudhoyono
President of Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 345 8595
Fax: +62 21 3483 4759
E-mail: presiden@ri.go.id

2. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. 6-7
Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006525 3889
Fax: +62 21 525 3095

3. Gen. Timur Pradopo
Chief of the Indonesian National Police
Jl. Trunojoyo No. 3
Kebayoran Baru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

4. Insp. General Pol. Tito Karnavian
Chief of the Papua Regional Police
Jl. Dr. Samratulangi No. 8 Jayapura
INDONESIA
Tel: +62 967 531 014, 533 396
Fax: +62 967 533 763

5. AKBP Mohammad Rois
Chief of the Nabire District Police
Jl. Jend. Sudirman No. 1 Nabire
INDONESIA

6. Mr. Ifdhal Kasim
Chairman of the National Human Rights Commission
Jl. Latuharhary No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227
Fax: +62 21 392 5227
E-mail: info@komnasham.go.id


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




Visit our new website with more features at www.humanrights.asia.

-------------------


2) Unrest Tarnishes Drive to Tap Indonesia’s Gold Riches

Michael Taylor and Rujun Shen | October 03, 2012


Miner Rahmat Halim (R), 35, and his team smoke during a break at the site of Poboya gold mining area at Indonesia's Central Sulawesi province in this April 19, 2012 file photo. With the world's fifth-largest gold reserves, estimated at 3,000 tons, Indonesia is eager to ramp up exploration and production as it pursues its ambitious target of becoming a top 10 global economy by 2025. But illegal mining, politicking between central and regional government and a spate of demonstrations and violent attacks against junior gold miners are hampering development of the sector and could deprive it of crucial foreign investment. (Reuters Photo/Yusuf Ahmad)


When Hong Kong-listed G-Resources Ltd opened its $1 billion Indonesian gold mine in July, six months behind schedule, it had high hopes it would be hitting its annual output target of 250,000 ounces by next year.

Less than three months later the company halted operations after hundreds of protesters blocked the entrances to the Martabe mine, in the north of Sumatra island, in a dispute over the installation of a water discharge pipe.

It began laying off the 2,000-strong workforce at the mine, the company’s sole asset, this week.

“There is misinformation being spread, relating to poisoning of waters and other issues relating to the river,” Peter Albert, chief executive at G-Resources told Reuters.

With the world’s fifth-largest gold reserves, estimated at 3,000 tons, Indonesia is eager to ramp up exploration and production as it pursues its ambitious target of becoming a top 10 global economy by 2025.

But illegal mining, politicking between central and regional government and a spate of demonstrations and violent attacks against junior gold miners are hampering development of the sector and could deprive it of crucial foreign investment.

“It is the first major mining investment of this size in Indonesia for more than 10 years,” said G-Resource’s Albert, whose company is backed by investment firms Mount Kellett Capital and BlackRock Inc. “Inevitably this will put gold miners off. Investors are going to look at this and ask if this is the right environment, that’s a fact.”

Fair Share


The push to open up new deposits is bringing miners into conflict with local communities, who complain of environmental damage and loss of livelihoods and say they are not sharing in the mineral wealth being extracted from the land in their areas.

G-Resources is not alone. At least six gold miners have had similar problems over the past 18 months.

Two people died when villagers and students in the town of Bima on Sumbawa island rioted earlier this year — forcing the government to revoke an exploration permit for a joint venture of Arc Exploration Limited, a small Australian-listed firm.

Back in north Sumatra, security guards could only stand and watch as hundreds of protesters burned buildings at a project run by Sihayo Gold, another Australian company.

“No specific demands — rather that ‘we want you to leave the area’,” said Sihayo Chief Executive Paul Willis, adding that illegal miners had stirred up the trouble.

“It wasn’t anything out of the horror movies. It’s a challenge that you just have to deal with. It’s best described as: that’s Indonesia.”

Land Disputes

With spot gold prices rising from about $300 an ounce 10 years ago to more than $1,700 an ounce today, mining the precious metal in Indonesia should still be a very attractive prospect, despite the risks involved.

Indonesia is already the world’s seventh largest gold producer, with foreign-owned mines currently responsible for the majority of the country’s annual output of 111 tons in 2011.

But land disputes are common in the world’s fourth most populous country, where the mining industry now accounts for around 12 percent of GDP.

“There is a challenge faced by all mining companies in Indonesia — rising anti-mine or pro-environment sentiment,” said Anton Alifandi, analyst for Southeast Asia at business risk consultancy Control Risks. “With foreign mining companies there is an extra layer in that sometimes people or stakeholders play the nationalist card.”

Many Indonesians who live on or near mine sites believe they have a right to plunder the land for minerals.

Although the central government has banned small-scale gold mining, local officials and police often have interests or turn a blind eye to the practice, which provides a livelihood for thousands of otherwise impoverished families but poses a major threat to their health and the environment.

Thirty-year-old Taofic began his career as a gold miner earlier this year, on the edge of a vast Borneo rainforest.

“I came here to look for quick money,” he said, sitting on a motorcycle that, like many other miners, he uses to roam a sandy, moon-like landscape about two-thirds the size of Manhattan. “But the work is much harder than rice farming at home and the income is very uncertain.”

Falling Production

Indonesia produced 45.8 tons of gold in the first half of 2012, down 23 percent on the year due to output disruptions and lower ore grades at key gold mines, according to Thomson Reuters GFMS, a metals consultancy.

Gold production in 2012 is likely to fall 14 percent year-on-year, but is expected to rebound back to 2011 levels next year, GFMS added. Global gold output was 2,818 tons last year.

Indonesia’s overall gold output figures are mostly due to larger miners such as Newcrest Mining, Newmont Mining Corp and Freeport McMoRan Copper & Gold Inc’s giant Grasberg gold and copper mine in West Papua.

Freeport McMoRan, like a number of the bigger operators in Indonesia, has spent millions of dollars on development projects such as building roads and schools, but has frequently been embroiled in local disputes.

The Grasberg mine, which holds the world’s biggest gold reserves, suffered a months-long strike over pay last year and the Arizona-based miner also has to cope with a separatist movement that has long pushed for a greater share of resources.

The company estimates that as many as 6,000 people, both Papuans and Indonesians from other parts of the country, are panning gold along the tailing river near its mine or living around the site.

“[It is] the residue coming out of our mill, so it’s residue that we cannot extract anymore,” Riza Pratama, corporate social responsibility officer told Reuters on the sidelines of a conference on illegal mining in Jakarta earlier this year.

“They sell to gold shops in Timika, so some of those gold shops are probably making money. It is very well organized.”

For the smaller players, the risks posed by uncertain regulation, illegal mining and local unrest are making it harder to sustain their operations, as G-Resources problems show.

“Even though geologically it is quite an attractive place to produce, each of these risks essentially increases the cost of doing business, and the risk of sustaining the operations,” said Mike Elliot, global mining & metals leader at Ernst & Young.

Reuter
----------



No comments:

Post a Comment