2) INDONESIA: Stop unlawful deprivation of liberty against Indigenous Papuans
3) Police May Make More Arrests following Freeport Violent Protest
4) UPDATE 3-Indonesian police name six suspects after labour unrest at Freeport’s Grasberg mine
5) ndonesia, Freeport discuss tax issue: Minister
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1) Thousands rally in Deiyai over fatal shooting
Nethy Darma Somba The Jakarta Post
Jayapura | Mon, August 21, 2017 | 05:48 pm
Thousands of people rally in Deiyai, Papua, on Monday to demand the perpetrator of a recent fatal shooting be brought to justice. (Courtesy of/Abeth Amoye You)
Thousands of people rallied in Deiyai, Papua on Monday to demand the perpetrator of a recent fatal shooting in the regency be brought to justice.
They also want contractor firm PT Putra Dewa Paniai and the police’s Mobile Brigade (Brimob) personnel to be forced out from the Mee Pago indigenous area.
Yulianus Pigai, 28, was found dead with several gunshot wounds when Brimob personnel tried to disperse a crowd that had destroyed the construction camp of the firm in Tigi district, Deiyai regency, on Aug. 1.
"Thousands of people marched to the Deiyai Legislative Council over the incident on Aug. 1," Catholic priest Santon Tekege told The Jakarta Post.
During the rally, the demonstrators also performed traditional dances while others carried signs and banners slamming the incident.
They also called on the Papua Police to remove all Brimob personnel from the Mee Pago indigenous area, which covers Nabire, Paniai, Deiyai, Dogiyai and Intan Jaya regencies.
Residents of Deiyai, Papua take part in the rally on Monday. They demanded that the perpetrator of a recent fatal shooting be brought to justice. (Courtesy of/Abeth Amoye You)
Papua Police chief Insp. Gen. Boy Rafli Amar has dismissed Tigi Police chief First. Insp. Maing Raini and replaced him with First Insp. Ferry Mervin Mehue. A number of Brimob personnel have also been investigated over the fatal shooting.
Rallies protesting the shooting also took place in Jakarta, Bandung and Gorontalo. (bbs)
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2) INDONESIA: Stop unlawful deprivation of liberty against Indigenous Papuans
August 21, 2017
The Asian Human Rights Commission (AHRC) condemns the unlawful deprivation of liberty of Papuans which has occurred frequently of late. The AHRC has learned that the Indonesian Security Forces have been using excessive force and flaunting their authority to illegally arrest indigenous Papuans. They are simply exercising their rights to freedom of expression and opinion and peaceful assembly.
For instance, take the case which took place on August 20, 2017. Police officers of the Fak-Fak Police Station (Polres Fak-Fak) arbitrarily arrested 24 indigenous Papuans. They are members of the National Committee for West Papua (KNPB). The AHRC was informed that they were illegally arrested because they are registered to attend a meeting organized by KNPB in Fak-Fak Regency, West Papua Province.
Previously, the AHRC noted some similar cases faced by members of KNPB Papua. Consider the case of Mr. Yanto Waine, a member of the National Committee for West Papua (KNPB). He was illegally detained in the Nabire Police Station (Polres Nabire) after distributing leaflets to the public. And 29 student activists, mostly Papuan students, were arbitrarily arrested in Yogyakarta Province. Additionally, 32 student activists in Jakarta and 46 student activists in Semarang were also arbitrarily detained.
Considering the massive unlawful deprivation of liberty against Indigenous Papuans, the AHRC strongly recommends the Government to re-evaluate its policy and the behaviour of its Security Forces’. The Government should ensure that there is no policy in practice that clearly violates or goes against the International Covenant on Civil and Political Rights (ICCPR). Indonesia became a State party to this Covenant by enacting Law No.12 of 2005.
Under Article 19 of the ICCPR, it states
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice.
3. The exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security, public order, and public health or morals.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of choice.
3. The exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall
only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security, public order, and public health or morals.
Moreover, the Indonesian Constitution 1945 (UUD 1945) clearly guarantees such rights. Article 28 of the Constitutions, states: “the freedom to associate and to assemble, to express written and oral opinions, etc., shall be regulated by Law.” Further, Article 28 paragraph E states: “Every person shall have the right to the freedom to associate, to assemble and to express opinions.”
Under the Constitution, Indonesia has Law No. 39 of 1999 on Human Rights. Article 24 paragraph 1 states: “Everyone has the right to peaceful assembly and association.” Article 6 paragraph 1, relating to Indigenous People states: “In the interests of upholding human rights, the differences and needs of Indigenous Peoples must be taken into consideration and protected by the Law, the Public and the Government.”
Let us look into the cases of human rights violations, in particular massive unlawful deprivation of liberty in Papua. It has been proven that the Government has failed to ensure that the Security Forces obey and respect the above-mentioned rights. Even security forces violate the Indonesian Criminal Procedure (KUHAP), which regulates steps and requirements of arrest and detention.
The Government should be aware that extreme restrictions against the right to freedom of opinion, expression and also peaceful assembly, should be conducted based on the Law. It is the National Law which regulates such restrictions and they should not violate or go against the ICCPR itself.
As stated in General Comments of the ICCPR No. 35 paragraph 12 “An arrest or detention may be authorized by domestic law and nonetheless be arbitrary. The notion of “arbitrariness” is not to be equated with “against the law”. It must be interpreted more broadly to include elements of inappropriateness, injustice, lack of predictability and due process of law, as well as elements of reasonableness, necessity and proportionality.”
Therefore, the AHRC calls for the Indonesian Government to stop any patterns and forms of unlawful deprivation of liberty against indigenous Papuans. The right to freedom of expression, opinion and peaceful assembly must be protected and respected. Furthermore, the Indonesian Security Forces should not subjectively interpret the Law and put an end to the stigmatization that all political activities conducted by Papuans are crimes. The AHRC urges the Government to release all those persons arrested with no criminal charges laid against them.
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3) Police May Make More Arrests following Freeport Violent Protest
TEMPO.CO, Jakarta - The police chief of Mimika, Papua, Adj. Sr. Comr. Dean Mackbon has said that the police may make more arrests following a violent protest in PT Freeport Indonesia compound last week.
Victor stressed that the police will protect locals and employees of Freeport.
Following acts of vandalism and arson of facilities belonging to PT Freeport Indonesia in Check Point 28, Gorong-Gorong bus terminal and PT Petrosea premise on Saturday, the police have named three suspects. They are former employees of Freeport.
Dozens of individuals are currently held in Mimika Police custody.
“Those who violate the law shall take responsibility for their actions,” he added.
Victor went on to say that the police had earlier tried to bring together former employees, Freeport and its subcontractors for a negotiation.
However, protesters remained on the streets heading to the mines and took over Check Point 28. They later burned cars, security outposts, terminal facilities, motorcycles belonging to Freeportemployees and office facilities, dormitory and vehicles belonging to PT Petrosa.
ANTARA
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#AFRICATECHAUGUST 21, 2017 / 8:18 PM / 3 HOURS AGO
Reuters Staff
4) UPDATE 3-Indonesian police name six suspects after labour unrest at Freeport’s Grasberg mine
* "Limited" access to mine resumed -spokesman
* Police investigate violent demonstration, recent shooting
* Grasberg permit, divestment discussions ongoing (Adds Freeport comment on workers, government discussions)
By Agustinus Beo Da Costa, Kanupriya Kapoor and Fergus Jensen
JAKARTA/SINGAPORE, Aug 22 (Reuters) - Police in the eastern Indonesian province of Papua have named six people as suspects among 17 arrested on Saturday after a violent demonstration by former mine workers at Freeport McMoRan Inc's Grasberg copper mine, a police spokesman said.
Trouble erupted when the demonstrators blocked an access road to Grasberg, the world's second-biggest copper mine, in a protest over employment terms. At least seven people were injured and dozens of vehicles and buildings torched, and traffic through the area was restricted amid safety concerns.
The six people were named as suspects for carrying weapons, among "various" offences, Papua Police Spokesman Ahmad Musthofa Kamal said on Monday.
"They were carrying machetes, knives and bows and arrows," Kamal said. "This was not an ordinary demonstration."
Under Indonesian law, naming someone as a suspect means authorities believe they have enough evidence to consider filing charges, and such cases normally go to court.
"Limited" access to Grasberg resumed on Monday, Freeport Indonesia spokesman Riza Pratama said.
Freeport has been grappling with labour problems at Grasberg as well as a lengthy dispute with Indonesia over rights to the giant mine, which has cost both sides hundreds of millions of dollars.
ABSENCE?
Following export restrictions related to a permit dispute, Freeport Indonesia, which employs more than 32,000 staff and contractors, furloughed about 3,000 workers earlier this year. This prompted a strike and high levels of absenteeism.
Freeport has denied that there is a "formal strike", and deemed that approximately 3,000 full-time and 1,000 contract employees who were absent had "voluntarily resigned".
"The consequences of their actions are unfortunate," Pratama said referring to workers' "prolonged and unapproved absences from work despite multiple efforts and requests by the company to return to work."
Arizona-based Freeport, the world's biggest publicly-traded copper miner, has repeatedly said it has acted on the labour issues in accordance with Indonesian law and its labour contract, with former employees able to apply for open positions with contractor companies.
The company is in communication with worker representatives and labor unions to hear concerns and share views, Pratama said.
CONFLICT
According to Indonesian Human Rights Commission official Natalius Pigai, the former mine workers want their old jobs back and pay and all benefits to be reinstated "as before, not at different levels."
"Freeport is committing serious violations of these workers' rights," Pigai told Reuters, adding that his office had recommended for the government of President Joko Widodo to intervene in the dispute and push for a joint solution.
"This affects thousands of people and has the potential to cause social conflict," he said.
While the commission cannot impose sanctions, Pigai said his office could report the matter to the U.N. human rights council. "We won't leave this alone."
IndustriALL Global Union, a federation of labour unions, has also criticised Freeport's handling of the matter, saying it treated "fired" workers "inhumanely and with contempt".
Coordinating Maritime Affairs Minister Luhut Pandjaitan, whose office oversees the mining sector, said the government "cannot interfere" in the dispute but could make recommendations.
"It's between (workers) and the company," Pandjaitan told reporters.
Police are also investigating a shooting on the same access road on Thursday that injured a police officer and a search for an armed group of more than five people began in the area today, Kamal said.
Incidents like this were frequent on the access road, Kamal said.
Tensions around Grasberg could hamper Indonesia's efforts to calm Papua, where a low-level insurgency has simmered for decades. The mine is a major source of revenue for the local economy, but its social and environmental impact is a source of friction between police and the local population.
Between 2009 and 2015, shootings within the mine project area killed 20 people and wounded 59. To protect workers and infrastructure, Freeport contributed $21 million toward government-provided security in 2015.
Freeport's negotiations with government over its Grasberg mining permit are ongoing, Pratama said, including on the compulsory divestment of a majority stake.
"(The) four issues in the negotiations are one package deal. Divestment is one of the four issues," Pratama said. (Reporting by Agustinus Beo Da Costa, Wilda Asmarini and Kanupriya Kapoor in JAKARTA; Writing by Fergus Jensen in SINGAPORE; Editing by Christian Schmollinger and Jane Merriman)
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5) ndonesia, Freeport discuss tax issue: Minister
Jakarta | Mon, August 21, 2017 | 05:23 pm
Energy and Mineral Resources Minister Ignasius Jonan has stressed that the government and Freeport Indonesia have resolved their main differences.
Meanwhile, the remaining issues pertain to tax schemes and levies that should be paid by the company to the regional administration, the minister added.
“Negotiations are to be completed this month,” said Jonan after meeting at the Presidential Office in Jakarta on Monday as reported by tribunnews.com.
Under Law No. 4/2019 on diversified mineral resources, mining companies are required to convert their contract of work (CoW) to a special mining license (IUPK), which among others requires them to divest 51 percent of their shares to Indonesian entities and construct a smelter to upgrade the added-value of the mining materials.
Read also: Contract to be extended to 2041 as Freeport agrees to divest 51% shares
“Regarding tax scheme, you can ask the finance minister,” said Jonan, adding that control was in the hands of Finance Minister Sri Mulyani Indrawati.
Coordinating Maritime Affairs Minister Luhut Pandjaitan said Freeport Indonesia, a subsidiary of United States mining company Freeport McMoRan, had agreed to divest 51 percent of its shares and to construct the smelter, while the government agreed to extend its contract to 2041. (bbn)
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