Just out: West Papua Report June 2014: West Papua Report June 2014: Poverty and Discrimination, land rights, calls for UN action, Police training, more

Read issue here

CONTENTS

This edition's PERSPECTIVE by renowned human rights campaigner Carmel Budiardjo provides a succinct overview of the history of Indonesian repression of West Papua and includes a focus on the special challenges facing Papuan women.

UPDATE highlights the intention of the Indonesian National Human Rights Commission to focus on the plight of indigenous peoples, notably in West Papua. The Asian Human Rights Commission draws attention to police shooting of three Papuans in Nabire. The online activist network "Anonymous" has announced that it will focus on the plight of Papuans. A Pacific regional UN forum on decolonization was urged to consider the situation in West Papua. Indonesian President Yudhoyono's planned visit to Fiji illustrates Jakarta's efforts to undercut the broad appeal of the Papuan cause in the region. Religious activists are focusing on the exploitation of workers and their families by the oil palm plantation run by Sinar Mas. A New Zealand police training program in West Papua has been cancelled. The Australian government is urged to mitigate culpability for rights violations abroad.

CHRONICLE highlights "West Papua: No-One's Colony" by the Pacific Network on Globalization and May 14comments before the UN by Julianus Septer Manufandu, of the Papua Customary Council. A new illustrated, interactive eBook tells Papuan stories. Australian TV journalist broadcasts program on human rights in West Papua.

Freeport Mine 

Sign Petition: Stop the anti-union attacks in Dili

Sign the petition: http://www.change.org/petitions/stop-the-anti-union-attacks-support-mandiri-bank-workers

Stop the anti-union attacks: Support Mandiri bank workersMandiri Bank, the largest in Indonesia, has operated since 2003 in Timor-Leste's capital, Dili. Mandiri is one of small number who operate in the growing finance sector. They, alongside others including Australia's  ANZ, have enjoyed a growth in business in the years since their arrival.

Similarly, a small but dedicated trade union movement have started the task of organising workers following Timor's independence.

Serikat Pekerja Bank Mandiri Timor-Leste (SP-BMTL), or the Mandiri Bank Workers' Union (MBWU), was established in 2006 and represents 41 of the 42 workers employed by Mandiri in their Dili office. However, in recent months bank workers have faced a severe pushback in their right to conduct union activities in the workplace.

On November 30, 2011 Joaquim Gonzaga was dismissed by General Manager, Mr. Mohamad Yani, following an ongoing dispute regarding Yani's attempt to by-pass collective decision making processes that had been in place at the bank since 2003 and instead appoint a friend to a newly created position at the bank.

Attempts made by the union to reach a settlement in the dispute backfired when Helder Barreto (also chair of the union) was also sacked for attempting to organise a meeting between bank management and the MBWU's larger affiliate, the General Workers Union of Timor-Leste (GWU).

In response to the seconding dismissal, staff led a protest and demanded that the bank reinstate both workers. This protest failed, and the vice-chair of the union, Leonardo Bele Bau Amaral, became the third casualty when he was also dumped by the bank for organising the staff protest.

According to the Constitution of Timor-Leste, "Dismissal without just cause or on political, religious and ideological grounds is prohibited." Furthermore, Section 51 stipulates that "every worker has the right to resort to strike, the exercise of which shall be regulated by law."

The MBWU has continued to engage in peaceful and legal industrial action to protest the decision made by Mandiri management, but still Joaquim, Helder, and Leonardo are still without their jobs.

It is essential that workers' rights are defended wherever they are attacked. Express your support and solidarity with the union movement of Timor-Leste and say to Mandiri Bank: NO to union busting, YES to workers' rights.

Sign this petition, and support Union Aid Abroad - APHEDA's partnerships with social justice and humanitarian development organisations by joining our Global Justice Partner program.


Information from APHEDA.

Freeport and MIFEE in West Papua

Recently published:


Strike at Freeport settled, even as mine’s scars linger- by ETAN's John M. Miller on the end of the strike at Freeport McMoRan's mine and its ongoing impact on West Papua



A few months ago, WIN Magazine published Food vs. Forests, Profits vs. People, by Octo Mote and John M. Miller. The article examines Jarkata's plans for the massive Merauke Integrated Food and Energy Estate (MIFEE) near the Papua New Guinea border. MIFEE's impact will be devastating for people's and environment of the region.

Say it ain't so, Mo! - Nike in Indonesia

Guest blog by Jeff Ballinger

Jeff Ballinger, global worker rights researcher/activist
Twitter: @press4change


My apologies for references to baseball, the U.S.A.'s "national pastime", but the exasperation expressed by the quote, "Can't anyone here play this game?" perfectly captures my reaction to the news last week that a Bangladesh factory run by Grameen (Nobel-laureate, Muhammad Yunus) was closed after attacks by rioting garment workers. [Given the toxic political atmosphere in Bangladesh and current bad relations between the  government & Grameen, there could be some behind-the-scenes (political or freelance-extortion) provocateurism.]

The foregoing is noted with more sadness than surprise, as it comes on the heels of a searing Associated Press report ten days ago, about how Converse/Nike shoes are made in Sukabumi, West Java. ("Nike says nearly two-thirds of the factories that make Converse products fail to meet standards for contract manufacturers...")

Converse shoes are displayed at a store in Jakarta, Indonesia. Irwin Fedriansyah | The Associated Press

I have been warning (whining?) -- and here -- about Nike's deployment of "codes of conduct", Corporate Social Responsibility (CSR) and business self-regulation schemes for more than a decade; here's the evidence that this noxious media manipulation has, for the most part, succeeded:  Almost all the comments about this AP story were either expressing surprise ("We thought that Nike had fixed that.") or, that this type of "gotcha" story was inevitable when a big brand sources from nearly a thousand factories. In other words, the Sukabumi story is a one-off (and what a great challenge it is to police the supply chain).  In fact, this story could have been written 15 -- or five -- years ago, and it could have described almost any Nike-producing factory in China, Vietnam, Malaysia, Thailand, etc.  The default position of virtually all garment production is something akin to what Frederick Douglass wrote in the 1850s: "Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them."


You may be thinking, "Oh, it is the 'race to the bottom,' then?"  Not so fast. Folks who remember the years-long strike wave in Indonesia during the early- to mid-90s will recall that the minimum wage rocketed from 86 cents to $2.46 per day.  Instead of running off to Sri Lanka or Bangladesh, Nike-supplier factories increased investment and the Nike contract-workforce went from 22,000 to 110,000.  It was still a very good deal in Indonesia at triple the price for labor!  [The 'Underground Economist' of the Financial Times cites a brilliant study by Berkeley economist on these latter two points...]

In this AP photo taken May 26, 2011, workers leave a factory that make Converse shoes, in Gunung Putri, West Java, Indonesia. Workers making Converse sneakers in Indonesia said supervisors throw shoes at them, slap them in the face and call them dogs and pigs.

The Douglass principle still held up, however; these brutal contractors would not pay a penny over what was required and - as Nike continued to assemble a team of phony "responsibility" operatives - the Korean and Taiwanese bosses devised new ways to cheat workers.  Tens of thousands were denied severance pay ($32 million in Indonesia alone, I calculate) in the early- to mid-2000s and work became more "precarious" with short-term contracts and outsourcing. Nike's feckless "responsibility" team (now numbering over 210!) could do little more than lament the fact (see transcript beginning @10:54) that Nike HQ is powerless.  By the way, the video clip that I have is devastating: Nike's CSR vice-president giving a condescending lecture on poverty-level wage to young CNBC reporter. [Any help I can get in uploading this to Youtube would be most appreciated!] Reminds me of the lesson I received on Wage Elasticity from a World Bank staffer in the parking lot of the American Club in Jakarta (1990). I could not tell him what I thought of this slavery/servitude justification because he was the only poker player in our group more inept than myself...


But, hold on a minute - don't tell the U.S. anti-sweatshop students' movement or some determined group of Vietnamese expats that you cannot force Nike to directly deal with contractors' depredations! The Vietnamese forced Nike to broker a million-dollar settlement... students' story - pls see below. 


[Fragment from what I wrote for the War Resisters League's WIN magazine some months ago]: 

How did university students achieve a string of victories for Latin American workers? United Students Against Sweatshops (USAS) has assisted more than 4,000 college-logo garment workers in Honduras and the Dominican Republic by deploying grassroots pressure tactics and carefully crafted appeals to university administrators. Even in the midst of a global economic downturn, diligent research combined with determined activism on the part of the wronged workers forced Russell Athletic to reopen a factory that was closed to thwart unionization. It produced an agreement between Nike and the CGT union of Honduras to pay restitution to 2,100 workers illegally denied severance benefits when two suppliers for the shoe giant closed abruptly last year. In addition, the students' persistence in seeking ethical alternatives has led the largest brand selling to bookstores, Knights Apparel, to pay more than triple the Dominican Republic's minimum wage to hundreds of workers. Merchandise from the Alta Gracia factory is already on 140 campuses. 

The research to monitor compliance with "codes of conduct" for factories was carried out by the Worker Rights Consortium (WRC; launched by the USAS in 1999) and funded by 123 universities, based on a percentage of university-licensed apparel sales. While the codes include language about "freedom of association" and collective bargaining -- specific trade union protections -- the Russell case was the first in nearly a decade of activism that delivered meaningful redress when the Jerzees de Honduras plant was shuttered as collective bargaining talks were under way. For 14 months starting in early 2008, USAS teams in North America and Great Britain convinced administrators at 110 schools to stop purchasing from Russell Athletic. College bookstores are the company's largest revenue source. In late 2009, the Jerzees de Honduras factory was reopened and Russell has pledged not to oppose unionization at seven other factories it owns and operates nearby.

In essence, these two inspiring stories are like the early days of the East Timor Action Network, when no one would believe that an activist group with almost no budget could win against the Pentagon, lobbyists of arms-makers, and diffident politicians. Our current struggle for justice in West Papua is facing the usual challenges, complicated by "conventional wisdom."  What do I mean by this?  See what PBS/Newshour reporter, Ray Suarez said about Indonesia just last week: "Indonesia hasn’t managed to do is root out the legendary levels of corruption that discourages foreign investment." Now, how could he say this immediately after saying, "...solid years of back to back to back high levels of economic growth"?  How can you say, on the one hand, that corruption inhibits growth, while the evidence of double-digit growth has been the reality for Asia's most corrupt countries for two decades?  Any ideas on how to fight this pervasive misperception?

West Papua Report July 2011 now out!

Read it here


Summary


U.S. Congressmember Eni Faleomavaega has been named the 2011 winner of the John Rumbiak Human Rights Defenders Award. The award is given annually by the West Papua Advocacy Team (WPAT) to an individual or organization who has made significant contributions to the defense of human rights in West Papua. Congressmember Faleomavaega has long been active in the defense of human rights in West Papua, using his influential position in the U.S. House of Representatives to advance justice, good governance and development in West Papua. Thousands of workers at the Freeport McMoran mining complex in West Papua have gone on strike over wages, the firing of the union's leaders, and other Freeport union-busting efforts. The strike takes place at a time of continued security concerns arising in part from the recent murder of two senior Papuan Freeport officials, possibly with military involvement. 

Papuan human rights organizations and religious groups have called on the Government of Indonesia to address issues of injustice arising from security force assaults on Papuans and also to protect human rights defenders and journalists from attacks by security forces. An Indonesian government minister's visit to West Papua signals that a widely criticized development plan in the Merauke area is moving forward. Tapol notes that there has been no indication that Papuans whose lands will be seized for the project will be compensated. Amnesty International has appealed on behalf of a Papuan who was beaten by military personnel. Melanesian human rights and youth groups have issued an appeal on behalf of five Papuan youths detained since December 2010 for their roles in a peaceful protest. The Australian West Papua Association (AWPA) has called for Pacific Island Forum leaders to include the plight of West Papua on the agenda for their September 2011 meeting. The AWPA message also offers a harsh critique of Jakarta's "special autonomy" policy.


http://www.etan.org/issues/wpapua/2011/1107wpap.htm 

West Papua Report April 2011: VP rejects dialogue, MSG, more

Full issue of April 2011 West Papua Report is here


Summary:

Indonesia's Vice President Boediono has begun implementation of a Presidential decree calling for the establishment of an inter-governmental agency to examine problems in West Papua. The initiative falls far short of widespread Papuan calls for a senior-level, internationally mediated dialogue between Indonesian officials and Papuans. A senior Papuan civil society leader has spoken out against this continued failure of Jakarta to engage in serious dialogue. Papuan church leaders have charged the Indonesian government with "genocide" in West Papua. The Melanesian Spearhead Group again failed to invite representatives from West Papua to its annual summit, instead inviting the Indonesian government to send observers. Indonesian officials violated the labor rights of Papuans by jailing nurses who called a peaceful, legal strike. A leading Papuan NGO chief has called for elimination of provisions in the Indonesian criminal code that violate Indonesia's obligations under international conventions to which it is party.

US Embassy in Dili admits mistake about worker's rights

The General Workers Union of Timor-Leste tells ETAN that they met with the US Embassy in Dili on 3 February 2011 and successfully settled the dispute about the unfair dismissal of Mario Baretto and their subsequent claim that their national staff cannot join a union. ETAN had written the embassy about the dispute.

From the union: 

The Embassy advised that they had mistakenly stated their policy and affirmed their staff’s right to join a union:

The US Embassy seeks to be a model employer and respects workers and the role of unions in representing workers. The Administration has been a strong international supporter of labour rights and we want to maintain an open relationship with the unions and labor rights advocates here in Timor-Leste.

The Embassy also confirmed that they seek to be fully compliant with local labour laws and resolved Mr Baretto’s dismissal consistent with the Labour Code of Timor-Leste.

The General Workers Union of Timor-Leste and the Trade Union Confederation of Timor-Leste would like to thank all those individuals and organisations that supported Mr Baretto and Timorese workers by writing to the Ambassador.

Please direct any media enquiries to:

Almerio Vila Nova
General Secretary
General Workers Union
+670 724 8482

ETAN letter on labor dispute at US Embassy in Dili

Campaign updates from APHEDA are here.

Ambassador Judith Fergin
US Embassy
Dili, Timor-Leste

December 22, 2010

Dear Ambassador,

We are writing regarding the dismissal of Mario Baretto and the subsequent refusal of the US Embassy in Timor-Leste to meet with his union.

We understand that the embassy will not meet with Mr Baretto's trade union, the General Workers Union of Timor-Leste (SJTL), about the dismissal arguing that "as part of the terms of his employment, Mr Baretto was/is not allowed to be a member of any organized union and therefore we will not meet with any representative acting on his behalf."

This position is contrary to international human rights law, and we urge you to quickly meet with his union representatives as called for in the Timor-Leste's Labor Code. If needed, we urge the Embassy to accept mediation before Timor-Leste's labor board to resolve the dispute about Mr. Baretto's dismissal.

The right to form and to join trade unions is a fundamental human right, included in the Universal Declaration of Human Rights. The International Labor Organization Convention on the Freedom of Association and Protection of the Right to Organize, which Timor-Leste ratified on June 16 2009, also protects the right to unionize.

As you know, the U.S. Department of State each year publishes an annual report on human rights in countries around the world. The chapter on Timor-Leste in this year's report observes that "The country has a labor code based on the International Labor Organization's standards. The law permits workers to form and join worker organizations without prior authorization." The report notes a number of the practical obstacles to the effective exercise of labor rights, to which we would now add the U.S. government.

The U.S. speaks regularly about the need to strengthen the rule of law in Timor-Leste. It has funded a number of programs over the last decade aimed at that goal. Howerver, its words would carry more weight and its actions more credibility, if the embassy were in compliance with Timor-Leste's labor law.

We urge the United States government and your embassy to honor its obligations under national and international law by meeting with Mr. Baretto's representatives and accepting mediation before Timor-Leste's labor board.

We look forward to your response.

Yours sincerely

John M. Miller
National Coordinator
East Timor and Indonesia Action Network

cc: Secretary of State Hillary Clinton
Michael Posner, Assistant Secretary of State for Democracy, Human Rights, and Labor

Timor Pictures - Then and Now

Timor Archives draws attention to a set of rarely-seen photos taken in December 1975 during Indonesia's invasion of East Timor. The blog says that the 52 images were posted on Facebook in mid-2009 by an East Timorese. There is discussion of the images on the blog here. The complete set of photos is here.

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Notes from Abroad posted photos of today's May Day parade in Dili. Red flags, a marching band!

UPDATE: Xinhua reports that 

In Timor-Leste, its Labor Union (KSTL) Saturday demanded the government to amend the labor regulation set by United Nations Transitional Administration in East Timor (UNTAET), saying its minimum wage regulation cannot afford to finance the life of labors.

The demand was conveyed by KSTL spokesperson Carolino Marques at a press conference to commemorate the International Labor Day held in Lesidera.

The labors demanded the government to replace the existing labor regulation with the one drafted by the Timor-Leste government itself.

"We want the government to amend the regulation No. 5/2002 on minimum labor wages set by UNTAET since it is no longer afford to finance our families," Carolino said.

Carolino said that the regulation set minimum labor wage at 85 U.S. dollars per month, an amount that is hardly able to cover the monthly needs of a labor's family.

The KSTL spokesperson said that the government also needs to issue regulation on overtime payment as many companies operating in the country were yet to pay the overtime payment for workers who work more than 8 hours in a day.

The KSTL also demanded the government to open more jobs for the youths, many of whom were still left unemployed.

Responding to the labors' demand, Timor-Leste secretary for labor affairs, Benditu Dos Santos Freitas, said that the government is drafting a labor law that would provide minimum wage of 200 U.S. dollars per month.

The draft law is being discussed in the parliament at the moment, Benditu said. He added that after the draft law is enacted by the parliament, each firm operating in the country will be obliged to abide by the law immediately.

Any company found of violating the law will be fined ranging from 100-1,000 U.S. dollars, depending on the company's size."