Palm | Kelapa Sawit

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This is an appeal program issued by AHRC. Anyone may join and send letter to Indonesia's Govt.
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Saurlin.

ASIAN HUMAN RIGHTS COMMISSION -URGENT APPEALS PROGRAMME
Urgent Appeal Case: AHRC-UAC-053-2012
29 March 2012
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INDONESIA: Land dispute led to indiscriminate shootingagainst villagers in Mesuji
ISSUES: Police violence; right to life; land rights;excessive use of force
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Dear friends,
The Asian Human Rights Commission (AHRC) hasreceived information regarding indiscriminate shooting bypolice officers against local villagers on 10 November 2011in Mesuji, Lampung. The shooting was triggered by a landdispute between local villagers in several villages inLampung and two palm companies. It resulted in the death ofJailani, 50-years-old, and the injury of eightothers.
CASE NARRATIVE:
A letter sent by the local villagers’representatives to WALHI (the Indonesian Forum forEnvironment), reported that there has been a long ongoingconflict between the villagers and PT Barat Selatan MakmurInvestindo (PT BSMI) as well as PT Lampung Interpertiwi (PTLIP) since 1994. The villagers claimed that 17.769 ha ofland which these companies hold the cultivation rights onwere not acquired in accordance with the law. Although theNational Land Agency office in Lampung granted PT BSMI thecultivation rights over 10.000 ha of land, the company hasonly paid half of the compensation amount it was supposed topay. Similarly, PT LIP was granted the cultivation rights inMarch 1997 over 6628 ha of land, but only paid compensationfor half of it, 3314 ha, to the villagers. PT BSMI also hasthe obligation to allocate 7000 ha of its land for plasmaplantation, which it has so far failed to do. In addition,villagers of Nipah Kuning, Sri Tanjung, Kagungan Dalam,Sungai Menang, Pagar Dewa and Sungai Sodong also claim thatthe companies managed to obtain the permit due to conspiracywith the local government. This allegation was based on thefact that there were nine people in the list of compensationgrantees who actually did not have any land.
As there was no settlement in this long, ongoingconflict, the local villagers occupied the disputed land. On6 September 2011, villagers from the six different villagescame to unilaterally delimit the land. Since thevillagers’ financial situation was negatively impactby the activities of PT BSMI and PT LIP, on September 9 and11 they harvested palms on the land.
On 10 November 2011, one of the villagers was arrested bythe Mobile Brigade (Brimob) for harvesting palms in thedisputed land. The other villagers later attempted torelease him but the police responded by shooting one of thevillagers. The shooting triggered the anger of thevillagers, who then burnt some area in Division II of theplantation. The police used rubber bullets to shoot thevillagers, one of whom was shot on his left hand. Anothersuffered a serious burn injury.
Knowing two of them were injured, the villagers came tothe factory which was located not far from Division II area.The police opened fire against them indiscriminately whichresulted in the death of a villager who was shot in thehead. Another villager had his leg broken as well as gotshot. Four others were injured from the rubber bullets. Therest of the villagers got really angry and burnt PT BSMI andPT LIP’s factory as well as other facilities.
Following are the details of the victims of theshooting:
Shooting in Division II
Name/Age/Injuries/Residence
Rano Karno 25, shot in his left hand, Sri Tanjungvillage
Jepi 21 Serious burn wound Sri Tanjung village

Shooting in the factory of PT BSMI and PTLIP
Jailani 50, shot in head, died Kagungan Dalam village
Muslim 16, broken leg, shot Sri Tanjung village
Robinsa 15, shot in his right ankle Sri Tanjung
Reli 27, shot in his right shoulder Sri Tanjung
Harun 15, shot in his left shoulder Sri Tanjung
Lukman 27, shot in his ankle Sri Tanjung
Mat Tahan 40, wounded Sri Tanjung
ADDITIONAL INFORMATION:
According to the Indonesian National Police Regulation No. 1Year 2009 on The Use of Force, live ammunition should beused only to stop activities which may cause severe injuryor death, threaten the decency of the police officers orthreaten public safety. The Regulation also establishes thatthe use of lethal weapons including live ammunitions shouldbe used as a last resort, in accordance with internationalhuman rights law which upholds that law enforcementofficials may use force and firearms only in a situationwhere it is strictly necessary.
Indonesia is a state party to the International Covenanton Civil and Political Rights (ICCPR), article 6 of whichguarantees the right to life of everyone. The right to lifeas stipulated in the ICCPR does not merely mandate the stateparties to refrain from any unlawful or arbitrarydeprivation of life, but also to conduct effectiveinvestigations into situations where state officials havebeen responsible for the taking of life. Therefore, in thiscase, an investigation concerning the shooting is needed inorder to find out if the use of force and firearms towardsthe villagers met the necessity and proportionalityrequirement. The failure to do so constitutes a violation ofthe right to life.
SUGGESTED ACTION:
Please write to the following authorities requesting animpartial and effective investigation into the shooting thattook place on 10 November 2010. As this case was triggeredby the land conflict between PT BSMI as well as PT LIP andthe villagers, please also urge the authorities to ensurethat measures needed to settle the conflict be ensured.
SAMPLE LETTER:
Dear ___________,
INDONESIA: Land dispute led to indiscriminateshooting against villagers in Mesuji
Name of victims:
Rano Karno (25-years-old), Jepi (21-years-old), Jailani(50-years- old), Muslim (16-years-old), Robinsa(15-years-old), Reli (27-years-old), Harun (15-years-old),Lukman (27-years-old), Mat Tahan (40-years-old)
Names of alleged perpetrators:
Lampung Brimob officers
Date of incident: 10 November 2011
Place of incident: Mesuji village
I am writing to voice my deep concern regarding theshooting at villagers took place in Mesuji village, Lampung,on 10 November 2011. I was informed that on that day avillager was arrested by the Mobile Brigader (Brimob) forharvesting palms in the plantation area of PT Barat SelatanMakmur Investindo (PT BSMI) as well as PT LampungInterpertiwi (PT LIP). When other villagers attempted torelease him, the police responded by firing rubber bullets,provoking the villagers. In this clash, one person was shoton his left hand while another suffered a serious burninjury. The angry villagers then went to Division II areaand burnt some parts of the plantation, which resulted infurther shooting. At this time a villager died from beingshot in the head, and another villager had his leg shot andbroken. The police also used rubber bullets to shoot fourvillagers.
I am aware that under international human rights law aswell as Indonesian law, in certain circumstances the policeare authorized to use force and firearms towards individualsor groups of individuals who conduct activities threateningpublic safety. I am also aware that what the villagers didin PT BSMI and PT LIP’s plantation area on 10 November2011 might amount to activities threatening public safety.However, since there were individuals who died and wereinjured due to police force, an effective and independentinvestigation is needed to ensure that the measures taken bythe police met the necessity and proportionalityrequirements.
A well established jurisprudence in international humanrights law upheld that the obligation of states inprotecting the right to life includes the obligation toconduct an effective investigation where state officialshave been responsible for the taking of life. Thisobligation is needed to secure the accountability ofofficials and ensure that they cannot act without impunity.The failure to conduct an effective and independentinvestigation in this case therefore constitutes theviolation of the right to life as stipulated in article 6 ofthe International Covenant on Civil and Political Rights, towhich Indonesia is a state party.
I would also like to bring your attention to the factthat the clash between police and villagers in this case wastriggered by a long ongoing land conflict between the localvillagers and PT BSMI and PT LIP. The villagers claimed thatthe two companies illegally hold the Cultivation Right onLand (Hak Guna Usaha, HGU) over a 17.769 ha of land. This isbecause PT BSMI and PT LIP did not pay compensation to thevillagers over the 8314 ha of land they both acquired; PTBSMI failed to convert 7000 ha of its land into a plasmaplantation as well as illegally expanded its plantationarea, making it 2455 ha bigger. The villagers also suspectthat the companies managed to obtain HGU from the governmentdue to a conspiracy with several government officials. Thevillagers resorted to harvesting the palms in the disputedland due to the lack of resolution in this long conflict, aswell as their poor economic situation since the coming ofthe two companies into their village.
Since this conflict is the main cause of the clash thattook place in Mesuji on 10 November 2011, I would like tourge you to ensure that necessary measures are taken tosettle the land conflict between the companies and thevillagers, in addition to my request for an independentinvestigation concerning the shooting. Adequate compensationshould be given to the villagers whose land had been takenaway and PT BSMI has to convert some of its land into plasmaplantation as required by the law. Any allegations regardingconspiracy between the company and the government officialsshould also be investigated.

Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Susilo Bambang Yudoyono
President of the Republic of Indonesia
Jl. Veteran No. 16
Jakarta Pusat
INDONESIA
Tel: +62 21 386 3777, 350 3088
Fax: +62 21 344 2223
2. Prof. Harkristuti Harkrisnowo
Human Rights General Director
Ministry of Law and Human Rights
Jl. HR Rasuna Said Kav. C-1 Kuningan
Jakarta Selatan 12920
INDONESIA
Tel: +62 21 252 1344
Fax: +62 21 45555 5676
E-mail: info@ham.go.id
3. Mr. Ifdhal Kasim
Chairperson
KOMNAS HAM (National Human Rights Commission)
Jl. Latuharhary No. 4B Menteng
Jakarta Pusat 10310
INDONESIA
Tel:+62 21 3925 230
Fax: +62 21 3151042/3925227
E-mail: info@komnasham.or.id
4. Mr. Joyo Winoto
Head of National Land Agency
Gedung Badan Pertanahan Nasional Lt. 1
Jl. Sisingamangaraja No. 2, Kebayoran Baru
Jakarta 12110
INDONESIA
Tel: +62 21 739 3939
Fax: +62 21 725 4725
5. Mr. Sjachroedin ZP
Governor of Lampung
Jl. Walter Monginsidi No. 56 Lampung
INDONESIA
Tel: +62 721 4811166, 482688
Fax: +62 721 485311
6. Mr. H. Alex Noerdin
Governor of South Sumatra
Jl. Kapten A. Rivai, Palembang
INDONESIA
Tel: +62 711 410 838
Fax: +62 711 357 405, 363 789
7. Brig. Gen. Pol. Jodie Roseto
Head of Lampung Regional Police
Jl. WR Supratman 1, Lampung
Tel: +62 721 471487
Fax: +62 721 488 222

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