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Indonesia: The Army grabs land after a brutal attack on farmers
Asian Human Rights Commission Urgent Appeal - May 20, 2015
The Asian Human Rights Commission has received information regarding a brutal attack on farmers by the Indonesian Army. The alleged attack in Ramunia Village, Pantai Labu Sub-district of North Sumatera Province, came with the intent of grabbing farmers' land. Army personnel of Regional Military Office, North Sumatera Province (Kodam I Bukit Barisan), along with Puskopad Kartika A Bukit Barisan, the Army's central cooperatives of Bukit Barisan, have grabbed 220 hectares of land from farmers after brutally attacking and intimidating them.
Case narrative:
In March 2015, residents of Ramunia Village, Pantai Labu Sub-district, North Sumatera Province, tried to reclaim 220 hecaters of their land forcibly acquired by the Puskopad Kartika A Bukit Barisan, Indonesian Army's central cooperatives of Bukit Barisan. The residents allege that the government has marked this land for food and agriculture, a claim substantiated by the construction of irrigation facilities. However, the Puskopad grabbed the land illegally, destroyed the irrigation facilities, and erected a 2.5 meters wall to prevent farmers from entering the area.
The farmers of Ramunia Village were trying to enter the land occupied by the Puskopad at around 11 a.m. on 31 March 2015, for planting corns and beans. The farmers were convinced that they could reclaim the land and manage their own food. They were, however, attacked by the soldiers of the Kodam I Bukit Barisan Unit, who were on duty guarding the land.
The soldiers kicked and beat the farmers working on the land; this resulted in injuries to Ms. Samsiah, Mr. Wagino, Mr. Ngadimin, Ms. Susilawati, Ms. Jumiah, Mrs. Marsinah, Ms. Ici, Mr. Deni, Ms, Isa, Ms. Murni, Ms. Jariah, Ms. Jariem, Mr. Open Manurung, Ms. Ramsiah, Ms. Aryani, Ms. Iis, and others. Furthermore one famer, namely Mr. Herman, was detained for five hours in the military post near the farmland.
The farmers were attacked again, at around 9:25 a.m. on April 17, 2015, when they were holding a peaceful protest against the land grabbing and assault. A contingent of soldiers led by Major General Edy Rahmayadi, the Chief Commander of Kodam 1 Bukit Barisan, descended on the protest site and physically assaulted the protestors. Major General Edy himself held two farmers, Mr. Open Manurung and Mr. Nadeak by their collars and beat them.
This incident occurred in front of many other state authorities, like the Governor of North Sumatera, Chief Police Officer of the regional police, the Mayor of Medan City, the Chairperson of the Regional Parliament Commission A of North Sumatera Province, many journalists, and other farmers who had gathered there in the tents for peaceful protest.
The army contingent later demolished the tents of the protestors and forcibly dispersed them. At the same time, Major General Edy Rahmayadi stated, "the farmers are devil." He also accused that one of the farmers named Samsiah had come from Aceh Province to North Sumatera Province to occupy the Army's land.
Samsiah, it turns out, is a victim of military operation, in Aceh. She had to leave her house and land due to civil war in Aceh and was relocated to Ramunia Village by the government itself.
The army assault on the farmers has enraged civil society, which planned another protest. On 7 May, approximately 50 farmers from Ramunia began their protest at their office in Jalan Setia Budi, and left for the protest site, in public buses and other vehicles, at 11 a.m. The farmers and members of the PMKRI reached the place of protest by noon and parked the buses and other vehicles in front of the Waskita office, about 200 meters from the Regional Military Office of North Sumatera Province.
Meanwhile, some uniformed soldiers in assault gear, along with others in civilian clothes, with their faces masked, began to gather in front of the Military Office. The soldiers stopped the protestors as they tried to march towards the Military Office and attacked them. The attack left several of the protesters injured and bloodied.
The assault forced the protesters to retreat, even while some of them were arrested and attacked by the army. Those arrested include Mr. Ronggur, from the Islamic Student Association, Mr. Sabar Manalu, from the Indonesian Catholic Student Association (PMKRI), Mr. Rasman Nadeak and Mr. Ellen Marbun, both farmers from Ramunia Village. The attack on Mr. Ellen was particularly brutal as he was pushed to ground while attempting to ride his motorcycle and was then kicked and beaten mercilessly. The soldiers even hit him on his head. The soldiers chased other protesters as well and even the drivers of buses were arrested, brought to the Office of Kodam I Bukit Barisan, and interrogated for several hours, before finally being released.
Four protesters who arrested by the soldiers were kicked and beaten repeatedly until bloodied. Subsequently, they were transferred to the Office of the Military Police and the Police Resort of Medan City for further interrogation.
I therefore urge that:
1. The Chief of the Military to withdraws the soldiers from Ramunia Village;
2. The National Land Agency (BPN) should be more proactive to facilitate and lead the negotiation processes between the Military and the farmers, to avoid repetition of human rights violations;
3. President Widodo optimizes the rule of the Agrarian Minister to implement land reform and empowers the State's mechanisms to deal with such land conflicts.
Additional information:
Agrarian conflict has been a serious problem in Indonesia; conflicts have grown with the government failing to implement Law No. 5 of 1960, which mandates agrarian reform. In this regard, involvement of the Military in the land conflict remains a particular serious matter that has remained so for long. Under the Soeharto dictatorship, the Military became used to confiscating land from farmers and guarding their businesses in a heavy-handed manner.
Meanwhile, in the transitional democratic era, despite Law No. 34 of 2004 on the Indonesian Military, which prohibits Military involvement in business and politics, the Military still conducts land grabbing and forced eviction against civilians and still uses a violence approach to defend their claims towards such land.
In 2007, under former President Susilo Bambang Yudhoyono's administration, the government pledged to distribute 9 million hectares of land for farmers. The government never executed the policy; and agrarian conflicts continued to occur, widely. Under current President Joko Widodo's administration, the government has established the position of an Agrarian Minister. The Minister has a task force to solve agrarian conflicts and empower State mechanisms that can be used to deal with land conflict. However, six months of President Widodo in power, agrarian conflicts continue to flare up across Indonesia.
Indonesia is a State party to the International Covenant on Economic, Social and Cultural Rights, with the promulgation Law No. 11 of 2005, which guarantees adequate standard of living. Moreover, the Constitution of Republic of Indonesia 1945 guarantees land and natural resources for the benefit of the people. Article 33 clearly states, "Land, the waters, and the natural resources within shall be under the power of the state and shall be used to the greatest benefit of the people."
Suggested action:
Please write to the authorities listed below seeking asking them to ensure prompt and impartial investigation into the allegation and prosecution of those found guilty.
The AHRC is writing separate letter to the UN Special Rapporteur on the right to food, Special Rapporteur Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Special Rapporteur on the rights to freedom of peaceful and assembly and association calling for their intervention into this matter.
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Sample letter
Dear ....................,
Indonesia: The Army grabs land after a brutal attack on farmers
Name of victims:
The farmers who were attacked on March 31, 2015 are as follows:
1. Ms. Samsiah;
2. Mr. Wagino;
3. Mr. Ngadimin;
4. Ms. Susilawati;
5. Ms. Jumiah;
6. Mrs. Marsinah;
7. Ms. Ici;
8. Mr. Deni;
9. Ms, Isa;
10. Ms. Murni;
11. Ms. Jariah;
12. Ms. Jariem;
13. Mr. Open
Manurung;
14. Ms. Ramsiah;
15. Ms. Aryani;
16. Ms. Iis;
and other farmers.
The protesters who were assaulted on May 7, 2015 are as follows:
1. Mr. Ronggur;
2. Mr. Sabar
Manalu [the Indonesian Catholic Student Association (PMKRI);
3. Mr. Rasman
Nadeak [a farmer 52 years old];
4. Mr. Ellen
Marbun [a farmer 33 years old].
Names of alleged perpetrators:
1. Major General
Edy Rahmayadi, the Chief Commander of Regional Military Office of North
Sumatera Province [Kodam 1 Bukit Barisan]
2. The Army of
Kodam 1 Bukit Barisan
3. The Army's
central cooperatives of Bukit Barisan
Date of incident: March 31, 2015 and May 7, 2015
Place of incident: Ramunia village, Pantai Labu sub district, North Sumatera Province
I am writing to voice my serious concerns over the alleged assault on the farmers who were protesting land grabbing by the army. In March 2015, residents of Ramunia Village, Pantai Labu Sub-district, North Sumatera Province, tried to reclaim 220 hecaters of their land forcibly acquired by the Puskopad Kartika A Bukit Barisan, Indonesian Army's central cooperatives of Bukit Barisan. The residents allege that the government has marked this land for food and agriculture, a claim substantiated by the construction of irrigation facilities. However, the Puskopad grabbed the land illegally, destroyed the irrigation facilities, and erected a 2.5 meters wall to prevent farmers from entering the area.
The farmers of Ramunia Village were trying to enter the land occupied by the Puskopad at around 11 a.m. on 31 March 2015, for planting corns and beans. The farmers were convinced that they could reclaim the land and manage their own food. They were, however, attacked by the soldiers of the Kodam I Bukit Barisan Unit, who were on duty guarding the land.
The soldiers kicked and beat the farmers working on the land; this resulted in injuries to Ms. Samsiah, Mr. Wagino, Mr. Ngadimin, Ms. Susilawati, Ms. Jumiah, Mrs. Marsinah, Ms. Ici, Mr. Deni, Ms, Isa, Ms. Murni, Ms. Jariah, Ms. Jariem, Mr. Open Manurung, Ms. Ramsiah, Ms. Aryani, Ms. Iis, and others. Furthermore one famer, namely Mr. Herman, was detained for five hours in the military post near the farmland.
The farmers were attacked again, at around 9:25 a.m. on April 17, 2015, when they were holding a peaceful protest against the land grabbing and assault. A contingent of soldiers led by Major General Edy Rahmayadi, the Chief Commander of Kodam 1 Bukit Barisan, descended on the protest site and physically assaulted the protestors. Major General Edy himself held two farmers, Mr. Open Manurung and Mr. Nadeak by their collars and beat them.
This incident occurred in front of many other state authorities, like the Governor of North Sumatera, Chief Police Officer of the regional police, the Mayor of Medan City, the Chairperson of the Regional Parliament Commission A of North Sumatera Province, many journalists, and other farmers who had gathered there in the tents for peaceful protest.
The army contingent later demolished the tents of the protestors and forcibly dispersed them. At the same time, Major General Edy Rahmayadi stated, "the farmers are devil." He also accused that one of the farmers named Samsiah had come from Aceh Province to North Sumatera Province to occupy the Army's land.
Samsiah, it turns out, is a victim of military operation, in Aceh. She had to leave her house and land due to civil war in Aceh and was relocated to Ramunia Village by the government itself.
The army assault on the farmers has enraged civil society, which planned another protest. On 7 May, approximately 50 farmers from Ramunia began their protest at their office in Jalan Setia Budi, and left for the protest site, in public buses and other vehicles, at 11 a.m. The farmers and members of the PMKRI reached the place of protest by noon and parked the buses and other vehicles in front of the Waskita office, about 200 meters from the Regional Military Office of North Sumatera Province.
Meanwhile, some uniformed soldiers in assault gear, along with others in civilian clothes, with their faces masked, began to gather in front of the Military Office. The soldiers stopped the protestors as they tried to march towards the Military Office and attacked them. The attack left several of the protesters injured and bloodied.
The assault forced the protesters to retreat, even while some of them were arrested and attacked by the army. Those arrested include Mr. Ronggur, from the Islamic Student Association, Mr. Sabar Manalu, from the Indonesian Catholic Student Association (PMKRI), Mr. Rasman Nadeak and Mr. Ellen Marbun, both farmers from Ramunia Village. The attack on Mr. Ellen was particularly brutal as he was pushed to ground while attempting to ride his motorcycle and was then kicked and beaten mercilessly. The soldiers even hit him on his head. The soldiers chased other protesters as well and even the drivers of buses were arrested, brought to the Office of Kodam I Bukit Barisan, and interrogated for several hours, before finally being released.
Four protesters who arrested by the soldiers were kicked and beaten repeatedly until bloodied. Subsequently, they were transferred to the Office of the Military Police and the Police Resort of Medan City for further interrogation.
I therefore urge that:
1. The Chief of the Military to withdraws the soldiers from Ramunia Village;
2. The National Land Agency (BPN) should be more proactive to facilitate and lead the negotiation processes between the Military and the farmers, to avoid repetition of human rights violations;
3. President Widodo optimizes the rule of the Agrarian Minister to implement land reform and empowers the State's mechanisms to deal with such land conflicts.
Sincerely,
Please send your letters to:
1. Mr. Joko Widodo
President of
the Republic of Indonesia
Jl. Veteran No.
16
Jakarta Pusat
INDONESIA
Tel: +62 21 3458
595
Fax: +62 21 3484
4759
E-mail: webmaster@setneg.go.id
2. Mr. Yasonna
Laoly
Minister of Law
and Human Rights; and
Ministry of Law
and Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 525
3006, 525 3889
Fax: +62 21 525
3095
3. Dr. Mualimin
Abdi SH., MH
Director General
of Human Rights
Office of the
Director General of Human Rights
Jl. HR Rasuna
Said Kav. 6 -- 7
Kuningan, Jakarta
12940
INDONESIA
Tel: +62 21 5253006
Fax: +62 21 5253095
4. General Moeldoko
Chief of Indonesian
Military
Mabes TNI Cilangkap
Jakarta Timur
INDONESIA
Tel: +62 21 84595576,
+62 21 8459-5326
Fax: + 62 21
84591193
Email: ppidtni@puspen.tni.mil.id
5. Major General
Edy Rahmayadi
Chief Commander
of Kodam 1 Bukit Barisan
Jalan Gatot Subroto
Km. 7,5 Medan 20122
INDONESIA
Tel +62 61 8451300
Fax. +62 61 8451626
6. Mr. Danang
Girindrawardana
Chairperson of
Ombudsman of Republic of Indonesia
Jl. HR. Rasuna
Said Kav. C-19 Kuningan (Gedung Pengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05
7. Mr. Mahfudz
Siddiq
Chairperson of
the Commission one of the House of Representative
Gedung Nusantara
II DPR Indonesia, Lt I
Jalan Jenderal
Gatot Subroto, Jakarta
INDONESIA
Tel: +62 21 5715.520,
+62 21 5715.518/581
Fax: +62 21 5715.
328/+62 21 571 5687
Email: bag_pengaduan@dpr.go.id
8. Commissioner
General Badroedin Haiti
Deputy National
Police Chief
Jl. Trunojoyo
No. 3
Kebayoran Baru,
Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384
8537, 726 0306
Fax: +62 21 7220
669
E-mail: info@polri.go.id
9. Mr. Tedjo Edhy
Purdijatno
Chairperson
National Police
Commission
Jl. Tirtayasa
VII No. 20
Kebayoran Baru,
Jakarta Selatan
INDONESIA
Tel: +62 21 739
2315
Fax: +62 21 739
2352
E-mail: secretariat@kompolnas.go.id,
skm@kompolnas.go.id
10. Mr. Nur Kholis
Chairperson
National Human
Rights Commission
Jl. Latuharhary
No. 4-B
Jakarta 10310
INDONESIA
Tel: +62 21 392
5227-30
Fax: +62 21 392
5227
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
Source: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-062-2015.
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