Response to the results of Komnas Ham's report on the human rights violations in Timika, sub-district of Fak-Fak, Irian Jaya (West Papua)

Komnas HAM has now completed its first and second investigations. The results of these investigations were made public at a press conference on 22 September 1995. The efforts made by Komnas HAM to speedily and efficiently carry out their investigation of the human rights violations in Timika, to reach a conclusion and make these conclusions public are worthy of respect and support.

However, having scrutinised their conclusions, we are of the opinion that a number of observations need to be made. We offer these observations on the basis of the statement made by the Komnas HAM which acknowledged that the report by the Bishop of Jayapura was accurate in its entirety and that Komnas HAM was only confirming that report, adding certain points that were inadequately covered in the Bishop's report.

Thus we are certain that Komnas HAM is fully aware of what really occurred in Timika.

First, the report of the Bishop of Jayapura mentions that several incidents in violation of human rights which occurred in Timika took place in places where PT Freeport operates, making use of PT Freeport facilities, such as the Freeport security post, workshop, bus, container etc. Thus the conclusion must be drawn that PT Freeport knew of these incidents and allowed their facilities to be used to carry out activities in violation of human rights. We are fully convinced that Komnas HAM is aware of Freeport's involvement in the Timika region. In our opinion, Komnas HAM has not yet carried out an investigation into PT Freeport's involvement in the incidents referred to.

Second, we are certain that Komnas HAM was fully aware of the violations which occurred in Timika which were carried out by the security forces under the responsibility and within the command structure of KODAM Trikora. (the Irian Jaya (West Papua) Military Command). Therefore , the idea of creating a Military Honour Council should be seriously considered in order to ensure 'fairness' in the legal military proceedings against those who violated human rights.

Third, we are of the opinion that Komnas HAM failed to specify further measures needed to ensure that its own recommendations are implemented, identifying the methods as well as setting the time limit.

Fourth, with reference to the International Declaration on the Effective Prevention and Investigation of Extrajudicial, Arbitrary amd Summary Killings, we are of the opinion that Komnas HAM has not considered the steps that need to be taken to monitor human rights violations in Timika, particularly with regard to identifying those implicated in the human rights violations, so as to prevent the occurrence of any similar incidents in the future.

Based on the above, we hereby state that:

• First, Komnas HAM must immediately investigate the question of Freeport's involvement in the events mentioned. Komnas HAM should take a firm stand on Freeport's involvement in these events.
• Second, there is an urgent need for Komnas HAM to push for the formation of an Officers' Honour Council at ABRI headquarters as the authoritative body to handle the matters that occurred in KODAM Trikora.
• Third, Komnas HAM should immediately take concrete step within a fixed period of time for the restoration of justice for the victims of human rights violations in accordance with the International Declarations on Basic Principles of Justice for the Victims of Crimes and the Abuse of Power.
• Fourth, Komnas HAM should immediately set up a panel to monitor human rights abuses in Timika on a regular basis , in order to prevent any repetition of the human rights violations which have been perpetrated against the civilian population.

Herewith our response and statement.

Jakarta 27 September 1995

• Lembaga Penelitian dan Pembangunan Sosial - LPPS [Institute for Social Research and Development]
• International NGO Forum for Indonesian Development - INFID
• Lembaga Studi dan Advokasi Masyarakat - ELSAM [Institute for Study and Advocacy]
• Yayasan Lembaga Bantuan Hukum Indonesia - YLBHI [Indonesian Legal Aid Foundation]
• Wahana Lingkungan Hidup Indonesia - WALHI [Indonesian Environmental Network]

Signed:
LPPS,
Rm Hardaputranta SJ;

INFID, Zoemrotin K. Soesilo;
ELSAM,
Abdul Hakim GN, SH LLM;
YLBHI, Mulyana W Kusumah;
WALHI,
Emmy Hafild