Lemasa (Amungme People's traditional council) demand a settlement to the human rights violations which occurred in the Freeport concession area in 1994/1995

Over the last three months or so (since December), the matter of the human rights violations perpetrated by the military against the Amungme, Dani, Ekari and Biak peoples in the Freeport concession area have been obscured by the to-ing and fro-ing between various groups with an interest in Freeport's giant mining operations. Most recently the matter of the kidnapping of Indonesians and foreigners by the OPM, led by Kelly Kwalik, has meant that the matter of the human rights violations has been increasingly marginalised.

LEMASA, the church and other NGOs which have been concerned with the human rights violations in Timika have been working side by side to secure the release of the hostages. But more than that, LEMASA has had to faced a dilemma because the person who orchestrated the kidnappings is an Amungme - Kelly Kwalik. The council is concerned by the human rights violations perpetrated by the kidnappers, as the military has begun to be suspicious of the adat council and accuse us of working together with Kelly Kwalik. The Amung people whose traditions place very high value and respect on matters of humanity, cannot close their eyes to what has happened to the hostages, (Indonesian and foreign) who have been kidnapped.

Now all efforts have been diverted from the continuation of the struggle to settle the matter of human rights violation in order to assist various groups (particularly the ICRC) to secure the release of the hostages, even though they are putting their lives at risk.

But as far as the Amungme people are concerned, (LEMASA) they are conscious that their rights are guaranteed by both Indonesian law and International law. Justice and the law must be upheld by a change in the system which will truly guarantee human rights. Because of that, they (the Amungme) cannot back away and must continue to endeavour to struggle for this (human rights). If the struggle is not continued, many problems which have been faced by the people of Irian over the last 30 years in this Republic will be buried. Or human rights violations perpetrated against the people of Irian will increase.

Because of this, LEMASA sent a letter on 14 February to the Commander of VIII Trikora expressing the objections felt over the 13 Amungme witnesses that were present at the court case presided over by the military court in Jayapura, against the four ABRI personnel who shot civilians in the village of Hoea, leaving 11 dead. Apart from this, they also ask that the military commander make serious effort to investigate all other human rights violations which implicate ABRI in the above mentioned regions

LEMBAGA MUSYAWARAH ADAT SUKU AMUNGME (LEMASA)

(AMUNGME PEOPLE'S TRADITIONAL COUNCIL)

Jl.P. Magal No. 36.RT.IV. Kwamki baru, Timika-Irian Jaya (West Papua)

Number: 450/LMAA/SK/TMK/96

Matter: Objections by the witnesses at the Hoea incident trial

To the Commander, VIII Trikora in Jayapura

Dear Sir,

With this letter, LEMASA, on behalf of the Amungme people, thank you for all your attention and efforts to resolve the human rights violations perpetrated against the people living in the area of PT Freeport's concession during 1995/1995, as is evidenced by the commitment to trial of the ABRI members who shot the civilians in Hoea village to the military court. We also hope that according to justice and the law that the perpetrators will received a sentence fitting to their deeds.

Although these are our hopes, we are concerned that in accordance with our observations and evaluation of the trial procedure now in process, that it is in fact obscuring the road towards the settlement of the issues in a just manner and based on law. We are concerned that the process for handling issues as now will only open the road enabling other incidents of human rights violations to occur again, even more severely.

We would also like to ask questions in respect of the nature of the trial procedure. We are aware that the trial is open to the general public. Certainly documents such as: indictment, demurrer, and decision ought to be available for the people to examine, but in this case the documents have been pronounced as State Documents, precluding them from publication - why?

LEMASA regrets several matters which have arisen during these proceedings, that is:

1. That the 13 people brought from Hoea village to act as witnesses neither experienced nor witnessed the incident, with the result that their testimony is not accurate, or is false.
2. The incident took place in Agandi-Hoea, so why were the witnesses brought from Beoenkwilik kampung of Hoea? We at LEMASA are extremely confused about the realisation of justice as those who have been chosen to act as witnesses in this court case are individuals who often help ABRI in their operations, rendering their testimony difficult to believe.
3. Why were the people of Agandi who witnessed the incident not brought to the trial to act as witnesses?
4. Why were those people (several) who gave their account of the incident when the investigating team from POMAMVII was in Timika not called as witnesses to give evidence?

We with every respect beseech that the Commander of KODAM VIII Trikora take not of a number of incidents which took place in the concession area of PT Freeport (Amungsa), traditional Amungme land, and involve the security forces in order that they be resolved fairly and justly. These incidents are as follows:

1. The shooting/killing of five civilians in Tsinga.
2. The shooting of three civilians in Tembagapura, after the December 25 protest.
3. The shooting of Junus Kudiai in Kwamki Lama Timika in April 1995.
4. The disappearance of four of relatives of Kelly Kwalik who were detained and tortured in a PT Freeport container at infantry 752 battalion post, Timika.
5. The stabbing and shooting of Wendi Tabumi on bus number 44 owned by PT Freeport Indonesia and the arbitrary detention of three Dani who were tortured to death in infantry 752 battalion, Timika.
6. The shooting of civilians in Hoea and the rape of women who escaped this incident.
7. The kidnapping and torture of 10 Amungme civilians in Timika.
8. The arbitrary detention of twenty Amungme civilians of Waa/Banti after the 25 december protest.
9. Other incidents of human rights violations which implicate security forces personnel operating in the area mentioned above during the period July 1994 - July 1995.

Commander of KODAM VIII Trikora, by prioritising these incidents above, we the lowly people who long for freedom, truth and justice through the upholding of the law and justice of this beloved state of ours.

Thank you for your help and attention,
Timika, 14 February 1996
With respect LEMASA
ANDREAS N ANGGAIBAK
Executive Director, LEMASA

CC:

1. Military Commander Jakarta
2. Secretary General Komnas HAM, Jakarta
3. Heads of YPMD, Irja, YKPHM, LBH Jayapura, Bishopric of Jayapura, GKI Synod, Synod GKII Jayapura.
4. Heads of WALHI, YLBHI, ELSAM, FKN-HAM, INFID in Jakarta.
5. Journalists (Tifa Irian, Cendrawasih Pos, Kompas, Suara Pembaruan).
6. 'Lorentz' Foundation, Timika.