(Note: as received this message was rather garbled in the final section on specific incidents, so there is a slight possibility that victims have been regrettably confused with witnesses in my attempt to format intelligibly the message as I received it. -- rsb)

From: Carmel Budiardjo,tapol@gn.apc.org 
Subject: LEMASA statement to Komnas HAM

This is the text of a document from LEMASA, the Amungme Tribal Council, to
the National Human Rights Commission, before the Commission visited Timika
on 1 September 1997

THE OPINION OF LEMASA CONCERNING THE HUMAN RIGHTS SITUATION AND PROLONGED CONFLICT IN THE AREA OF OPERATION OF P.T. FREEPORT INDONESIA, MIMIKA, IRIAN JAYA

This article is to be submitted to the National Commission on Human Rights (KOMNAS HAM) who will conduct research regarding various instances of human rights violations with possible solutions to the prolonged conflict between the people and P.T. Freeport Indonesia Company (PT FIC) during the month of August, 1997. This information will also be conveyed to the public through the mass media, print as well as electronic, which are covering the situation in this area.

Since KOMNAS HAM verified several cases of human rights violations in the area of operation of PT FIC (see: "The Timika Case") in 1995, the human rights situation in this region has not improved; on the contrary, it has tended to deteriorate. These human rights violations occur both between members of the society themselves and as a result of the actions of public officials, especially security forces. This trend can be substantiated by examining several cases of human rights violations which have occurred during the last two years, including:

• The assault on Mr. Bagus Kogoya by a number of PT FIC security personnel in March, 1996, which then escalated into the "disturbance" at Timika and Tembagapura. The onset of this "disturbance" effectively buried the demands of the people (Amungme) while diverting the attention of the government from the recommendations of the 1995 KOMNAS HAM recommendations.
• The rape of two Dani women, committed by several PT FIC security personnel at Tembagapura in February 1997 which then ignited a civil war in which 8 members of the Dani people were killed.
• The "Civil War" in the village of Harapan, Kwamki Lama, in March, 1997, in which security forces stood by while the people killed one another, resulting in the killing of 4 people: Beny Waker (Dani), Neles Amisim (Amungme), and two others.
• The assault on Mr. Charles Ijie by members of the Brimob (Mobile Brigade) in June, 1997, resulting in the death of the victim.
• The disappearance of Mathias Timang in June, 1997 and the mysterious deaths of Nella Pakage and Akulian Kotouki at the time they hitched a ride with a Toyota pickup owned by PT FIC on 20 August, 1997. These events then set off mass demonstrations and unrest which led to the tragic shooting of Timotius Koga and Stevanus Tekege as well as assaults on a number of innocent civilians.

As serious as the issues faced by the population have become, up to this point no adequate solution to the problems has been found. This condition creates "vulnerable conflicts" that may occur among the local people themselves as well as between the people and Freeport and between the people and the government, especially the security officers. These conflicts occur because local people feel that Freeport as well as the Indonesian government and military (ABRI) do not respect the indigenous people's rights.

Indigenous people also complain regarding the environmental degradation as a result of Freeport exploitative activities and their ignorance upon the environmental problems.

The following are the overview of the problems:

1. Human rights issues.

The deterioration of the human rights condition is due to the following factors:

• The government and the military always perceived the situation in Timika to be that of political, thus excessively employ security approach;
• PT FIC has always been perceived as a vital national project, thus the government and the military tend to be biased towards the PT FIC and ignore their own people;
• The total number of army personnel in the area, approximately 6000 people, is excessive, thus render the people to lose their freedom, be depressed, and be anxious.
• PT FIC does not open itself for outsiders (in this case national and international human rights organizations) to investigate thoroughly the human rights situation in and around the site of operation of PT FIC;
• A number of KOMNAS HAM's recommendations in 1995 have not been followed up yet.

2. The Environmental issues

The extractive system employed by PT FIC to exploit the natural resources and the waste management system (solid and liquid) that are not ecological cause the deterioration of the mountain, lakes, rivers, and thousands of hectares of rainforest.

The lack of openness from the PT FIC side on the environmental hazards of the hazardous substances, from the environmental degradation caused by them to the hazardous substances used in the operation of the mines, such as mercury found in the Ajkwa River by PT Sucofindo recently. Regarding such a finding, PT FIC did not acknowledge the hazards, but rather furiously defended itself.

The deterioration of the environment which is an important basis of the indigenous people's culture cause also the deterioration of the culture.

PT FIC controls and occupies Amungme's ancestral lands including the rocks, sands, woods, rattan (forest products) without any deliberation with or compensation to the people. The people's feeling is hurt, and they are losing their identity and their future.

3. Conflicts

The prolonged conflict between PT FIC and the indigenous people (Amungme and Kamoro) and among the members of the community during the presence of PT FIC in Amungsa and Mimika from 1967 to the present day happens due to the following reasons:

• PT FIC neither acknowledges nor respects the Amungme and Komoro as the rightful owner of the natural resources (mountain, lands, forests, etc.) which are currently being exploited.
• Although PT FIC has expressed its commitment to develop the local community, decisions made by PT FIC (such as the 1% trust fund) have been implemented without due deliberation with the rightful owner of the exploited resources, notably the rightful families according to PT FIC's Working Contract.
• Inhumane behaviors and treatment by the employee of PT FIC, especially the non-Irianese ones, on the local community -- such as always chasing in every trespassing into PT FIC's concession, condemnation, and the likes -- instigate hard-feelings and hatred.
• The differences in cultures and behaviors between one tribe have accumulated over time, and were blown up when they were triggered by the one percent trust fund.

The Position of LEMASA:

1. KOMNAS HAM must undertake a more thorough investigation regarding the human rights condition during the past two years in and around the site of operations of PT FIC. In order to do that, PT FIC must open itself and cooperate with various parties in all investigation and human rights situation development efforts in its operation site.

2. KOMNAS HAM must routinely monitor and control the human rights situation in the site of operation of PT FIC and generally in Mimika.

3. The excessive presence of the military must be reduced. Both the government and the military should be the government and the military of and for the community, not of and for PT FIC as they currently practice.

4. The government and the military must improve its own perception towards a positive one on the struggle of the Indonesian people in this region and replace the security approach with that of social and cultural in development and in handling the situation in Mimika.

5. PT FIC must transparently explain to the community its mining plans and activities in the region, including the Second Working Contract stipulating a concession of 2.6 (million?) hectares.

6. In settling the conflict between PT FIC and the Amungme people, it must be noted that LEMASA limits itself in the First Working Contract (April 1967) covering the areas of Tsinga, Was, and Arwa, which consist of several families: Beanal, Magul, Narkime, Omaleng, Bualeng,Jamang, Janampa, Omabak, Juntang, Nosowame, Kum, and Ayalame.

LIST OF CASES OF HUMAN RIGHTS VIOLATIONS AND WITNESSES IN THE AREA OF OPERATIONS OF P.T. FREEPORT INDONESIA, MIMIKA REGENCY, Irian Jaya (West Papua), AUGUST, 1997

(I)"Kasus Ekari/Mee" August, 1997

• The mysterious death of Nella Pakage and Akulian Kotouki when they were riding in the white Toyota pickup on the Freeport main road, 20 August, 1997. Witnesses: 1. AnthonPugiye 2. Novita Doo 3. Pdr.A.B.M. Hutaapea 4. Yus Saba 5. Ibu Kotouki
• Shooting by the troops of Infantry Batallion 733 on the crowd of demonstrators on 22 August, resulting in the shooting deaths of Stevanus Takage and and Timotius Koga
• Attacks on Ekari people at the time of confrontation between security forces and the crowd on 22 August, 1997 at Mile 28. Witnesses: 1. Beni Koto 2. Andi Gobay
• Assaults by security forces (troops of Infantry Batallion 733) on Irianese civilians at Timika and Tembagapura on 22 August, 1997. Witnesses: 1. Theo Deikme 2. Gerardus Beanal 3. Zakarias Beanal

(II) The disappearance of Mathias Timang, June 1997. Witnesses: 1. Frans Solme 2. Agus Timang

(III) Assault by security forces (Brimob) resulting in the death of Charles Ijie in June, 1997 (until now no one is willing to give information)

(IV) "Civil War" at the village of Harapan Kwamki Lama resulting in the death of 4 civilians in March, 1997. Witnesses: 1. Beny Cenewatme 2. Mus PigaiNeles Amisim, Beny Waker, Kibak. 3. Lukas Amisim 4. Pdt. Isak Onswame 5. Tom Beanal

(V) Rape by Freeport Security which set off a civil war at Utekini Banti in February, 1997, causing the deaths of 8 people. Witnesses: 1. Yunus Omabak