INDONESIA: Authorities refuse to treat political prisoner with tumour

  

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January 27, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-008-2012

27 January 2012
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INDONESIA: Authorities refuse to treat political prisoner with tumour

ISSUES: Indigenous people; inhuman and degrading treatment; prison conditions
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison, Papua, who has a tumor in his stomach and must be operated on. Although Indonesian law clearly notes that it is the state’s obligation to provide medical fees, the Papua legal and human rights department is refusing to pay for Mr. Wenda's surgery due to a lack of funds. Moreover, the goverment is now claiming that Mr. Wenda does not require surgery, although local activists found the opposite to be true.

CASE NARRATIVE:

According to the information received from KontraS, ALDP and SKPHP, on April 4, 2003, at around 1am, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory.

Eight perpetrators were arrested in connection to this theft: Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo. On January 15, 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

Since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He informed the health staff at Nabire prison but was not given any adequate response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda's sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda's operation. This violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

Furthermore, on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

ADDITIONAL INFORMATION:
The AHRC has recorded that political prisoners, especially in Papua, face ill-treatment and torture in prison, as in the case of Fendinand Pakage, who was tortured by a Abepura prison officer in 2008, resulting in permanent damage to his right eye, and in the case of Buchtar Tabuni in 2009, also beaten and tortured by a Abepura prison officer. Political prisoners’ rights are bare fulfilled, especially the right to health, as seen by Filep Karma, who was neglected at Dok II Jayapura hospital although his ureter should be operated.

Furthermore, on August 28, 2007, Mikael Haselo, a political prisoner arrested and charged in the same case as Mr. Wenda, died after being treated at Bayangkara hospital, Makasar, South Sulawesi, due to the complication of some diseases, such as cough, enteritis, bronchitis and lung inflammation.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in this case immediately.

Please be informed that the AHRC is also sending letters to the Special Rapporteur on the rights of indigenous people, and the Working Group on arbitrary detention, calling for their intervention into this matter.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Authorities refuse to treat political prisoner with tumour

Name of victim: Kimanus Wenda
Names of alleged perpetrators: Staff of Nabire prison
Date of incident: 2010-now
Place of incident: Nabire prison, Nabire, Papua

I am writing to voice my deep concern regarding the condition of Kimanus Wenda, a political prisoner at Nabire prison.

According to the information received from the Asian Human Rights Commission, on 4 April 2003, at around 1am local time, there was a burglary at 1702/ Jayawijaya Wamena military district staff headquarters armory and eight perpetrators were arrested, namely Yafrai Murib, Numbungga Telenggen, Enos Lokobal, Linus Hiluka, Kanius Murib, Kimanus Wenda, Des Wenda and Mikael Haselo.

I also know that on 15 January 2004, according to the verdict declared by the Wamena district court, all the victims were found guilty for rebellion under articles 106 and 110 of the Criminal Code. Yafrai Murib and Numbungga Telenggen were sentenced to lifetime imprisonment, while the others were sentenced to 20 years imprisonment. Civil society considers this verdict to not be based on legal facts.

I learnt that since 2010, Mr. Wenda has had a tumor in his stomach and is constantly vomiting. He called the health staff at Nabire prison, but received no serious response. On February 2, 2011, the Nabire hospital issued a reference letter regarding Mr. Wenda's sickness and the need for him to be operated at Jayapura hospital. Two days later, Mr. Wenda’s legal counsel sent a medical leave letter to the head of Papua’s regional office of law and human rights and the head of Nabire prison, but received no response. On September 19, SKPHP met the head of Papua legal and human rights department but the department said it has no money and thus cannot pay for Mr. Wenda's operation. I am aware that this violates Indonesian law under Indonesian Government Regulation No. 32/1999 on Terms and Procedures on the Implementation of Prisoners’ Rights in Prisons, which states that it is a state obligation to provide medical fees and treatment. While civil society is now gathering funds to pay for the operation in Jayapura hospital, it is not yet enough.

I wish to point out that on December 16, at the hearings between KontraS and the ministry of law and human rights, the staff of Nabire prison said that based on their report and the statement of the prison chief, Mr. Wenda was seen playing volley ball in prison and therefore his stomach tumour is not dangerous and does not need to be operated in Jayapura hospital. However, on December 21, when local activists brought Mr. Wenda to be examined at Nabire hospital, John, the surgery doctor who examined Mr. Wenda, stated that the tumour is severe and should be operated as soon as possible. The government denial to treat Mr. Wenda has resulted in much civil society concern about his safety.

Based on the information stated above, I urge you to promptly pay the medical fees necessary for Mr. Wenda’s proper treatment, in accordance with government obligations to do so. I also urge you to look into all the allegations in this case and to take appropriate action against those found responsible, and prevent any future recurrence.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777, 3503088.
Fax: + 62 21 3442223

2. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

3. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006, 525 3889, 526 4280
Fax: +62 21 525 3095

4. Director General of Prisons
Drs. Untung Sugiyono
Ministry of Justice and Human Rights
Jl. Veteran No. 11
Jakarta Pusat
INDONESIA
Fax: +62 21 384 171

5. Head of the Papuan Provincial Department of Justice and Human Rights
Daniel Biantong
Jl. Raya Abepura No. 37,
Kotaraja - Jayapura 99117, Papua
INDONESIA
Fax +62 967 586112

6. Head of Nabire Prison
Arif Rachman
Lapas Klas IIb Nabire, Jl. Padat Karya,
Nabire 98801, Papua,
INDONESIA
Fax: +62 984 24721

Thank you.

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

Document Type :

Urgent Appeal Case

Document ID :

AHRC-UAC-008-2012

Countries :

Indonesia

Campaigns :

End Violence in West Papua

Issues :

Indigenous people, Inhuman and degrading treatment, Prison conditions

INDONESIA: Three Person Killed, Hundreds Arrested and Five Person Charged with Rebellion at Third Papuan People's Congress

INDONESIA: Three person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People's Congress

  

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October 20, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-213-2011

20 October 2011
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INDONESIA: One person killed, hundreds arrested and five persons charged with rebellion at Third Papuan People's Congress

ISSUES: Extrajudicial killing; freedom of expression; military and police violence; indigenous people; torture; ill-treatment
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CAMPAIGN: End Violence in West Papua

Dear friends,

The AHRC has received information regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People's Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 in Abepura, Papua. Concerns about the safety of the arrested persons and the need for an investigation into the killing need your urgent intervention. (photo: security forces in Papua surround the Third Papuan People's Congress)

CASE NARRATIVE:

According to reports received by the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People's Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

The event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua). Video material is available from MetroTV.

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them. The police has so far charged five persons with with articles 110 p.(1), 106 and 160 of theIndonesian Criminal code, relating to rebellion/secession (maker): Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, and Gat Wenda. Numerous Papuan political prisoners have been sentenced for up to 20 years based on this charge in the past.

At around 4pm on October 19, Mr. Kadepa, Mr. Max Sabonsabra, and Yakop Yewuw, three of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura. Mr. Kadepa's and others corpse was then taken for an autopsy to a local hospital. (photo: police troup truck at the incident location)

ADDITIONAL INFORMATION:

Soon after the Second Papuan People's Congress in 2000, the elected political representative of the indigenous Papuan community, Theys Hiyo Eluay was abducted and killed by the Indonesian military. All perpetrators of the case were later aquitted. During the Third Papuan People's Congress the participants again questioned the legality through which Indonesia claimed sovereignty over the then decolonized former Dutch Western New Guinea in a UN administered process that was later shown to have been flawed. At the event Yaboisembut, head of the Papuan Customary Council was elected as the President and Waromi as the Prime Minister of the West Papuan Federal State. The Papuan flag was also displayed at the event. These acts were seen as secessionist activities (Indonesian: MAKAR).

In other flag raising events or gatherings where political opinion were expressed in the past many persons had been arrested and subjected to torture and ill-treatment. Foreign journalists are not given access to the Papuan provinces by Indonesia and several international groups including the Red Cross have been banned from operating in Papua.

SUGGESTED ACTION:
Please write letters to the authorities listed below asking them to intervene in the case immediately to ensure the safety of all arrested persons, an investigation into the killing and that all perpetrators are brought to justice in accordance with international human rights norms.

Please be informed that the AHRC is also sending letters to the UN Special Rapporteur on the rights of indigenous people, the working group on arbitrary detention, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, calling for their intervention into this matter.

SAMPLE LETTER:

Dear ___________,

INDONESIA: Security forces kill at least one person and arrest hundreds at Third Papuan People's Congress

Name of victims: Forkorus Yaboisembut, Edison Gladius Waromi, August Makbrawen Sananay Kraar, Dominikus Sorabut, Gat Wenda, Selfius Bobi, Mr. Kadepa and hundreds participants of congress
Name of alleged perpetrators: members of the Indonesian army (TNI), members of the mobile brigades (BRIMOB) of Regional Police of Papua province
Date of incident: 19 October 2011
Place of incident: the Taboria oval (Zaccheus Field) in Abepura, Papua

I am writing to voice my deep concern regarding the killing of at least one person and the arrest of hundreds of participants at the Third Papuan People's Congress including Forkorus Yaboisembut and Edison Waromi on 19 October 2011 by members of the Indonesian army (TNI) and members of the mobile brigades of the police (BRIMOB).

According to the information I have received from the AHRC, around 2200 members of the Indonesian army (TNI) and the mobile brigades (BRIMOB) were mobilized on the occasion of the Third Papuan People's Congress that began on 17 October 2011, and was attended by more than 4000 indigenous Papuan participants, at the Taboria oval (Zaccheus Field) in Abepura, Papua. At least 100 members of the security forces had surrounded the area andfour police cars, two armoured vehicles from the police and a further two armoured vehicles from the mobile brigades of the police (BRIMOB) had approached close to the area. This show of force with heavy firearms was seen as a form of intimidation to the unarmed participants. Several persons were reported to have refrained from participating at the event due to this.

I am informed that the event concluded at around 2pm on October 19, and a political declaration regarding the self-determination of the indigenous Papuan population was read out. Following this declaration the security forces opened fire, allegedly as warning shots only. Tear gas was used and security personnel from the army and police started dispersing the crowd and beating up numerous participants. About 300 persons were arrested and taken into custody in trucks. Around 200 of them were later released, while 100 remain detained at the Regional police headquarters (POLDA Papua).

Forkorus Yaboisembut and Edison Waromi, elected at the event as indigenous political leaders, were also arrested. Selfius Bobi (Chair of the organising committee of the congress) is currently being investigated by the police as well. According to the law, the police are required to release detained persons within 24 hours or lay charges against them.

I am disturbed to learn that around 4pm on October 19, Mr. Kadepa, one of the Congress participants, was found dead behind the office of the military resort command (KOREM) in Abepura.

In light of the above information I am of the opinion that the killing of one person and the arrest of hundreds of participants at the Third Papuan People's Congress by members of the Indonesian army (TNI) and members of the mobile brigades (BRIMOB) are a violation of the right to life and a violation of the right to freedom of expression and require and independent investigation.

I am therefore urging you to ensure that all human rights violations are investigated and that no persons remains detained or chareged solely for the peaceful expression of their political opinions. The Regional Police of Papua (POLDA Papua) must ensure a fair treatment of all arrested persons according to international norms and that no person is subjected to torture or ill-treatment.

I also urge you to ensure that an impartial and professional investigation into the death of Mr. Kadepa is conducted and all those found guilty are prosecuted according to the law.

I am looking forward to your intervention in this case.

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Susilo Bambang Yudhoyono
The President of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 3863777 / 3503088.
Fax: +62 21 3442223

2. Mr. Kemal Azis Stamboel
The Chairman of the First Commission of House of Representative of Indonesia
Gedung DPR RI Nusantara II, Lantai 1
Jl. Jenderal Gatot Subroto
Jakarta 10270
INDONESIA
Tel: +62 21 5715518
Fax: +62 21 5715523

3. Chairman of Third Commission of The House of Representative of Indonesia
Jl. Gatot Subroto No. 6 Jakarta
INDONESIA
Tel:+62 21 5715569
Fax: +62 21 5715566

4. Military Commander in Chief
Mabes TNI, Cilangkap,
Jakarta 13870
INDONESIA
Tel: +62 21 8459-1244 / 8459-1243
Fax: +62 21 845-6805

5. Mr. Pramono Edhie Wibowo
Army Chief of Staff
Jl. Veteran No. 5 Jakarta Pusat
INDONESIA
Tlp: +62 21 3846002 / 3456838
Fax: +62 21 3848300

6. Mr. Erfi Triassunu
Commander of Regional Military Command XVII Cendrawasih
(Kemiliteran Daerah Papua / Kodam Papua)
Jl. Polimak atas Jayapura Provinsi Papua
INDONESIA
Fax: +62 967 533763

7. General of Police Timur Pradopo
Chief of Indonesian National Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

8. Head of Division of Profession and Security of Indonesian Police
Markas Besar Kepolisian Indonesia
Jl. Trunojoyo No. 3
Kebayoran Baru
South Jakarta 12110
INDONESIA
Tel: +62 21 3848537 / 7260306 / 7218010
Fax: +62 21 7220669
Email: info@polri.go.id

9. Chairman of the National Police Commission (Kompolnas)
Jl. Tirtayasa VII No. 20 Komplek PTIK Jakarta Selatan
INDONESIA
Tel: +62 21 739 2352
Fax: +62 21 739 2317

10. Head of National Commission on Human Rights of Indonesia
Jalan Latuharhary No.4-B,
Jakarta 10310
INDONESIA
Tel: +62 21 392 5227-30
Fax: +62 21 392 5227
Email: info@komnas.go.id

11. Ms. Harkristuti Harkrisnowo
General Director of Human Rights
Department of Law and Human Rights Republic of Indonesia
Jl. HR Rasuna Said Kav.6-7 Kuningan, Jakarta 12940
INDONESIA
Tel: +62 21 525 3006 / 525 3889 / 526 4280
Fax: +62 21 525 3095

12. Chief of Regional Police of Papua province
Jl. Samratulangi No. 8 Jayapura
INDONESIA
Tel: + 62 0967 531014
Fax: +62 0967 533763

13. Chief of Jayapura city district police (Polresta Jayapura)
Jl. A. Yani No.11
Jayapura
INDONESIA
Tel: +62 967 531027

Thank you.

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

Document Type :

Urgent Appeal Case

Document ID :

AHRC-UAC-213-2011

Countries :

Indonesia

Campaigns :

End Violence in West Papua

Issues :

Extrajudicial killings, Freedom of expression, Indigenous people, Inhuman and degrading treatment, Military, Police violence, Torture

INDIA: Assam Goverment Failed to Ensure the Right to Life with Dignity of Tea Plantation Workers Leading to ten Deaths

INDIA: Assam government failed to ensure the right to life with dignity of tea plantation workers leading to ten deaths

  

February 7, 2012

ASIAN HUMAN RIGHTS COMMISSION – HUNGER ALERT PROGRAMME

Hunger Alert Case: AHRC-HAC-002-2012

7 February 2012
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INDIA: Assam government failed to ensure the right to life with dignity of tea plantation workers leading to ten deaths

ISSUES: Right to life; starvation death; rights of workers; right to health; safe drinking water
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC), a human rights group based in Assam state that 10 workers died from starvation after their health deteriorated due to working conditions that failed to guarantee their life with dignity for decades. After a private company, Bhuvan Valley Tea Estate closed down the estate in which they were working in October 8, 2011, about 500 permanent and another 500 casual workers lost their jobs and so far 10 workers died of lack of food and proper medical treatment. According to the fact-finding mission conducted by the BHRPC on January 27, 2012, the workers have been deprived of their rights as they were forced do overwork and were paid very low wages without being provided any medical treatment while working and, after closure, had the payment of their wages and their provident fund suspended. The rights of plantation workers to minimum wage, housing and basic medical facilities in accordance with the Plantation Labour Act 1951 have not been implemented. In the course of closure, the government failed to make any intervention to guarantee their fundamental rights. It is further found that basic medical care and food distribution for the poor have not reached those workers who lost their livelihoods and that it is one of the causes leading to the deaths. 
CASE DETAILS:

According to the Barak Human Rights Protection Committee (BHRPC), 10 workers died of starvation and lack of medical treatment after the Bhuvan Valley Tea Estate (Estate) was closed in October 8, 2011. The Estate had been running since British colonisation of India with around 1000 workers in Cachar district of Assam state, India. The closure led to around 500 permanent workers and another 500 casual workers becoming jobless. Without proper dialogue among workers and the Estate and the delay of payment for nine weeks’ wages and of provident funds before the closure, all workers have lost their livelihoods and were exposed to the food and health insecurity.

Until today, 10 workers, Rameshwar Kurmi (45), Subhasini Paul (80), Shachindra Ree (32), Shyamacharan Bauri (55), Nagendra Bauri (55), Sonamani Pandey (40), Bharati Kal (45), Susham Tanti (35), Ratna Goala (50), and Ramashish Dushad (80) died suffering from lack of food and medical treatment. Some became sick after prolonged hard labour in the plantation and their health condition worsened after losing their jobs since they cannot afford to purchase food or medicines.

[photo: Ramashish Dushad who died on January 28]

Other workers have been suffering from various sicknesses but have never received medical treatment. Mr. Prakash Ghatowar (80) and his daughter-in-law Moni Ghatowar (32) of Didarkhush Grant have pain in their legs. Prakash’s grandchildren Pinki Ghatowar (17), Kamalabati Ghatowar (15) and Rinki Ghatowar (12) are compelled to collect firewood from the far off jungles and sell them at the markets giving up their studies.

Sricharan Bauri was a permanent worker of the Estate but has not received food subsidy or medical treatment for last six months, and as a result, his mother Mrs. Belbati Bauri (75 years old) finds it difficult to manage daily life. Belbati gets weaker and sick and may face death soon. In spite of the closure of the Estate, they are still identified as an Above the Poverty Line (APL) family which does not entitle them to receive various government subsidies targeting the poor and therefore have not received any assistance from the administration. Other family members collect firewood to pay for food and medicines for the sick family members.

Another worker Mr. Putul Bauri (50 years old) also has pain in his legs. He testified that for decades while working in the Estate, the workers including him suffered a lot from low wages, overwork, and lack of basic facilities that can ensure their life with dignity.

In fact, since started, the workers have been deprived of their basic rights as workers and other basic facilities, which are ensured by the Plantation Labour Act 1951 as well as by other national policies such as the Public Food Distribution Scheme (PDS) or health care system. The average daily wage was around 55 rupees (1.12 USD) which is far less than the minimum wage in Assam, 100 rupees. The workers often overworked, for which they were not paid. The workers have not been provided any medical facilities, safe drinking water and sanitation under the Act. Thus, the deceased workers as testified did not face death just due to lack of food and medical treatment after the closure, but the workers’ rights to food and health have been violated for decades infringing the Constitution of India, the Plantation Labour Act, and the international human rights laws which legally bind the government.

The BHRPC discovered that the health centre under the National Rural Health Mission does not function properly as it is allegedly run by an unqualified practitioner. Medicines are not available either. The canal constructed under the MGNREGS aiming to guarantee 100 day-employment in rural area for the poor is the only source of water for the workers in this area. Water from canal has been used for multiple purposes such as washing, cooking and drinking. According to the workers, the MGNREGS hardly provides days for employment. [photo: water from canal]

When the Estate was winding up, the workers were told that the Estate was suffering loss and would recover very soon, which did not happen. They were even told that they had better forget the delayed wages. The Estate closed down on October 8, 2011 and the government authorities did not make any intervention to ensure the fundamental rights of workers. The Estate rather tried to suppress the protest of the workers who demanded due wages and other assistances. The administration failed to make intervention when the workers approached them to ask for assistance. The Deputy Commissioner of Cachar district assured that he would intervene but no action was taken at that time.

The administration made promises, which never translated into reality. The meeting in the office of the Deputy Commissioner resolved that the Estate would be opened on January 23, 2012, which did not happen till today. On January 25, Additional District Commissioner (ADC) Mr. Debashish Chakrabarti, ADC Mr. S. K. Das, Assistant Labour Commissioner Mr. K. Singson, the MLA and the Secretary of Barak Cha Shramik Union Mr. Dinesh Prasad Goala, Assistant Manager of the Tea Estate Mr. Fulan Barbhuiya and others participated in a meeting held in the conference hall of the Deputy Commissioner. This meeting decided that a committee be formed under chairmanship of the SDO (civil) of Lakhipur Sub Division to manage the estate.

Yet, there has been no action taken to provide proper compensation for the deceased and their families and to restart the plantation with legitimate working conditions guaranteeing the rights of workers. At present, more workers and their families suffer from lack of food and medical treatment. Without immediate assistance for food and health, they may face the same fate as the 10 deceased workers. It is the government’s responsibility to immediately provide medical support and food subsidy to protect the life of workers in accordance with its obligations under national and international laws.

The local human rights group has already filed a complaint to the Assam Human Rights Commission, yet no response has been received so far.

SUGGESTED ACTION:
Please express your deep concern about the deceased workers and other workers who lost their job and currently suffer from starvation and lack of medical treatment by sending letters to the government authorities listed below. Please note that the Assam government fails to implement the national law that ensure the rights of plantation workers and further ignore the international human rights laws to ensure the right to life with dignity. The AHRC will send a separate letter to the UN Special Rapporteurs on the right to adequate food and on the right to health respectively.

To support this appeal, please click here: 

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SAMPLE LETTER:

Dear __________,

INDIA: Call for immediate assistance for food and medical treatment for the jobless workers suffering from starvation and sicknesses in Assam

Name of the deceased:
1. Rameshwar Kurmi, 45 years old
2. Subhasini Paul, 80 years old
3. Shachindra Ree, 32 years old
4. Shyamacharan Bauri, 55 years old
5. Nagendra Bauri, 55 years old
6. Sonamani Pandey, 40 years old
7. Bharati Kal, 45 years old,
8. Susham Tanti, 35 years old,
9. Ratna Goala, 50 years old
10. Ramashish Dushad, 80 years old

Date of incident: Since October 2011
Place of incident: Bhuvan Valley Tea Estate, Cachar district of Assam state, India

I am writing to voice my deep concern about 10 deceased workers who had worked in the tea plantation that was closed down on October 8, 2011. After the tea plantation estate closed, about 500 permanent workers and another 500 casual workers have lose their job and were confronted to an extremely vulnerable situation suffering from lack of food and medical treatment. The workers have been deprived of the wages due for nine weeks of labour and of their provident fund. So far, 10 workers died of starvation and lack of medical care and others face a similar situation without getting any assistance from the government.

I am informed that Mr. Prakash Ghatowar (80) and his daughter-in-law Moni Ghatowar (32) of Didarkhush Grant have pain in their legs. Prakash’s grandchildren Pinki Ghatowar (17), Kamalabati Ghatowar (15) and Rinki Ghatowar (12) are compelled to collect firewood from the far off jungles and to sell them at the markets giving up their studies.

Sricharan Bauri who was a permanent worker of the Estate, has not received any food subsidy or medical treatment for last six months, resulting that his mother Mrs. Belbati Bauri (75 years old) finds it difficult to manage daily life. Belbati gets weaker and sick and may face death soon. In spite of the closure of the Estate, they are still identified as an Above the Poverty Line (APL) family which does not entitle them to receive various government subsidies targeting the poor and therefore have not received any assistance from the administration. Other family members collect firewood to pay for food and medicines for the sick family members. Another worker Mr. Putul Bauri (50 years old) also has pain in his legs. He testified that for decades while working in the Estate, the workers including him suffered a lot from low wages, overwork, and lack of basic facilities that can ensure their life with dignity.

I am aware that since started, the workers have been deprived of their basic rights as workers and of other basic facilities, which are ensured by the Plantation Labour Act 1951 as well as by other national policies such as the Public Food Distribution Scheme (PDS) or health care system. The average daily wage was around 55 rupees (1.12 USD) which is far less than the minimum wage in Assam, 100 rupees. The workers often overworked, for which they were not paid. The workers have not been provided medical facilities, safe drinking water, and sanitation under the Act. Thus, the deceased workers as testified did not face death just due to lack of food and medical treatment after the closure, but the workers’ rights to food and health have been violated for decades infringing the Constitution of India, the Plantation Labour Act, and the international human rights laws which legally bind the government.

I am informed that the BHRPC discovered that the health centre under National Rural Health Mission does not function properly as it is allegedly run by an unqualified practitioner. Medicines are not available either. The canal constructed under the MGNREGS aiming to guarantee 100 day-employment in rural area for the poor is the only source of water for the workers in this area. Water from the canal has been used for multiple purposes such as washing, cooking and drinking.

When the Estate was winding up, the workers were told that the Estate was suffering loss and would recover very soon, which did not happen. They were even told that they had better forget the delayed wages. The Estate closed down on October 8, 2011 and the government authority did not make any intervention to ensure the fundamental rights of workers. The Estate rather tried to suppress the protest of the workers who demanded the due wages and other assistances. The administration failed to intervene when the workers approached them to ask for assistance. The Deputy Commissioner of Cachar district assured that he will intervene but no action was taken at that time.

The administration made promises, which never translated into reality. The meeting in the office of the Deputy Commissioner resolved that the Estate would be opened on January 23, 2012, which did not happen till today. On January 25, Additional District Commissioner (ADC) Mr. Debashish Chakrabarti, ADC Mr. S. K. Das, Assistant Labour Commissioner Mr. K. Singson, the MLA and the Secretary of Barak Cha Shramik Union Mr. Dinesh Prasad Goala, Assistant Manager of the Tea Estate Mr. Fulan Barbhuiya and others participated in a meeting held in the conference hall of the Deputy Commissioner. This meeting decided that a committee be formed under chairmanship of the SDO (civil) of Lakhipur Sub Division to manage the estate.

Yet, there has been no action taken to provide proper compensation for the deceased and their families and to restart the plantation with legitimate working condition guaranteeing the rights of workers. At present, more workers and their families suffer from lack of food and medical treatment. Without immediate assistance for food and health, they may face the same fate as the 10 deceased workers.

I therefore, urge you to make immediate and proper intervention to provide food subsidy and medical treatment for emergency relief. A temporary medical camp should be established urgently to address the serious health issues currently faced by the workers and their families. I am of the opinion that the government has a duty to prevent further death and sickness in accordance with the Constitution of India and the international human rights laws that bind it to respect and protect the fundamental rights. To realize those rights, it is highly required to provide immediate support to the workers.

I further urge you to provide proper compensation for those who died of starvation and lack of medical care and their families. The government is responsible for their death as it failed to implement the domestic laws and policies. All available government schemes should be fully implemented to protect their rights. Furthermore, when the plantation restarts, all the rights of workers should be ensured in accordance with the Plantation Labour Act and international human rights standard.

I will continuously monitor your action for the workers and their families, looking forward to your immediate response.

Yours sincerely,

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

PLEASE SEND YOUR LETTERS TO:

1. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

2. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

3. Dr. Nazrul Islam
Cabinet Minister
Food & Civil Supplies, Welfare of Minorities
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA

4. Mr. Mallikarjun Kharge
Union Minister of Labour & Employment
Shram Shakti Bhawan
Rafi Marg, New Delhi – 110001
Room No. 120
INDIA
Fax: +91 11 2371 1708

5. Mrs. Krishna Tirath
Minister of State
Ministry of Women and Child Development
Shastri Bhavan, Jeevandeep Building
New Delhi
INDIA
Fax: +91 11 23074052, 23074053, 23074054

6. Mr. Justice S. Barman Roy
Chairperson
Assam Human Rights Commission
STATFED H.O. Building, GMC Road
Bhangagarh, Guwahati
Pin – 781005, Assam
INDIA
Fax: +91 361 2529450, 2527076
Email: hrca@sancharnet.in

7. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in

Thank you.

Right to Food Programme (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)

Eni F.H. Faleomavaega and Donald M. Payne. Washington DC

Eni F.H. Faleomavaega and Donald M. Payne, Washington, DC | Fri, 11/18/2011 8:41 AM

Ahead of his visit to Bali, members of Congress are calling upon US President Barack Obama to make West Papua one of his top priorities during his upcoming talks with Indonesian President Susilo Bambang Yudhoyono. On Oct. 19, 2011, Indonesian security forces opened fire on unarmed West Papuans who had gathered at the third Papuan People’s Congress to peacefully air their political aspirations.

At least three indigenous Papuans were killed, dozens injured, and many pistol whipped and beaten with rattan canes. Six were detained and are now in custody, including Forkorus Yaboisembut, the newly elected president of the Republic Federal State of West Papua. He joins Filep Karma, an Amnesty International prisoner of conscience who is now serving a 15-year jail term for raising a flag in 2004.

Key leaders in the US Congress are calling for their release and asking thatIndonesia be held accountable before further US funds are expended in training Indonesian security forces. Indonesia denies that systematic abuse is taking place in West Papua, but history is clear on the point.

Since West Papua was handed over to Indonesia by an “Act of No Choice” in 1969, West Papuans have suffered blatant human rights abuses including extrajudicial executions, imprisonment, environmental degradation, natural resource exploitation and commercial dominance of immigrant communities. 

The US Department of State acknowledges these facts and further states that Indonesian “security force members [have] murdered, tortured, raped, beaten and arbitrarily detained civilians and members of separatist movements in Papua”.

To date, Yudhoyono has been unwilling or unable to take meaningful action to bring Indonesian security forces under control. Either way, his inaction is no longer acceptable. While we have publicly stated that we do not support independence because it is contrary to the official position of the US government, which needs Indonesia as a counterbalance to China, and also because Yudhoyono promised in 2005 that he would implement special autonomy, which at the time West Papuans supported, the US can no longer turn a blind eye to slow motion genocide.

In his statement before the UN against apartheid, Nelson Mandela said, “It will forever remain an accusation and challenge to all men and women of conscience that it took so long as it has before all of us stood up to say enough is enough.” The same can be said of West Papua.

In 1990, Nelson Mandela also reminded the UN that when “it first discussed the South African question in 1946, it was discussing the issue of racism.” On the issue of West Papua, we believe we are discussing the same.

West Papuans differ racially, culturally, and ethnically from the majority of Indonesians. West Papuans are believed to be of African descent and ethnically associated with the people who now inhabit Vanuatu and the Solomon Islands. West Papuans have no historical or cultural ties to the Malay people of Java,Sumatra and Bali. It was only forced colonization by the Dutch government that brought West Papuans and Indonesians together.

So, to address issues of racism in Indonesia, we ask the African nations to request a General Assembly review of the 1969 Act if Yudhoyono fails to immediately implement special autonomy and also release the political prisoners now being detained.

In short, Yudhoyono must get serious about special autonomy or we must demand West Papua’s right to self-determination. By choice or by sanction, Indonesia must step up and end systematic abuses in West Papua.

Eni F.H. Faleomavaega is ranking member, Subcommittee on Asia and thePacific. Donald M. Payne is ranking member, Subcommittee on Africa and Human Rights, US House of Representatives.

MENLU AMERIKA SERIKAT HILLARY CLINTON MENGKHAWATIRKAN KONFLIK DI PAPUA.

Hillary Clinton (AFP) Hawaii - Menteri Luar Negeri (Menlu) Amerika Serikat Hillary Clinton angkat suara mengenai konflik di Papua. Mantan ibu negara AS itu menyampaikan kekhawatiran akan kondisi HAM di Papua. Hillary pun menyerukan adanya dialog untuk memenuhi aspirasi rakyat di wilayah konflik tersebut.

Dikatakan Hillary seperti dilansir kantor berita AFP, Jumat (11/11/2011), pemerintah AS telah menyampaikan secara langsung kekhawatiran AS atas kekerasan dan pelanggaran HAM di Papua. 

"Perlu adanya dialog dan reformasi politik berkelanjutan guna memenuhi kebutuhan legal rakyat Papua, dan kami akan mengangkat kembali isu itu secara langsung dan mendorong pendekatan seperti itu," kata istri mantan Presiden AS Bill Clinton itu.

Hal itu disampaikan Hillary menanggapi pertanyaaan mahasiswa usai berpidato di East-West Center di Hawaii, AS.

Dalam pidatonya tersebut, Hillary menyebut Indonesia dan India sebagai "dua kekuatan demokrasi paling dinamis dan signifikan di dunia."

Pekan depan Hillary akan pergi ke Bali bersama Presiden AS Barack Obama untuk mengikuti KTT Asia Timur.

PRESIDEN SBY: Pemerintah Terbuka DIALOG Dengan PAPUA

Presiden: Pemerintah Buka Dialog dengan PAPUA

News Indonesia 9/11-2011 - Presiden Susilo Bambang Yudhoyono menegaskan pemerintah selalu siap berdialog terbuka dengan seluruh komponen masyarakat Papua dalam kerangka mendorong penyelesaian permasalahan dan meningkatkan kesejahteraan di kedua provinsi di ujung timur Indonesia tersebut.
"Dialog antara pemerintah pusat dan saudara kita di Papua itu terbuka. Kita mesti berdialog, dialog terbuka untuk cari solusi dan opsi mencari langkah paling baik selesaikan masalah papua," kata Presiden saat membuka rapat kabinet di Kantor Presiden Jakarta, Rabu.
Presiden mengatakan,"Saya dorong dialog ini, namun dalam kerangka dasar tiga pilar."
Pilar pertama, kata Presiden, adalah kerangka Negara Kesatuan Republik Indonesia, pilar yang kedua adalah pelaksanaan Otonomi Khusus di Papua dan Papua Barat serta pilar ketiga adalah pelaksanaan percepatan pembangunan di Papua dan Papua Barat sebagai prioritas nasional.
"Oleh karena itu, saya meminta para menko dan menteri terkait dan kepala UP4B agar terus lakukan konsultasi dan komunikasi dengan Pemda Papua dan masyarakat jika diperlukan datanglah ke Papua, pahami hakekatnya, lihat situasi riil dan bagaimana solusinya," tegas Presiden.
Ia mengatakan,"beda dapat laporan di Jakarta dengan datang ke Papua. Dalam kaitan ini ratas ini mencakup apa saja yang telah saudara lakukan untuk pastikan semua agenda dan program berjalan, memastikan masalah polhukam, ekonomi dan kesra ditangani dengan baik".
Rapat yang berlangsung mulai pukul 16.00 WIB tersebut dihadiri oleh Wapres Boediono, seluruh menteri koordinator, sejumlah menteri terkait, Panglima TNI Laksamana TNI Agus Suhartono, Kapolri Jenderal Polisi Timur Pradopo , Jaksa Agung Basrief Arief , Kepala BIN Marciano Norman Sasono dan Kepala UP4B Bambang Darmono.