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Indonesia: Environmental activist reported to the police and charged for rejection of Benoa Bay Reclamation Plan

Asian Human Rights Commission Urgent Appeal - September 20, 2016

Urgent Appeal Case: AHRC-UAC-112-2016

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding an environmental activist, Mr. I Wayan Suardana (alias Gendo.) His critics reported him to the police for his rejection of the Benoa Bay Reclamation Plan in Bali. Mr. Gendo, who is part of the For-Bali coalition, has consistently refused to affirm the plan of the developer. They want to develop a luxury resort and apartments as well as a business center in Benoa Bay. For-Bali activists claim that the reclamation will cause serious environmental damage.

Case narrative:

On 15 August 2016, Mr. I Wayan Suardana (alias Gendo), a prominent environmental activist from Bali, was reported to the Criminal Investigation Department (Bareskrim) of Police headquarters (Mabes Polri). Mr. Gendo was reported by Pospera (Posko Perjuangan Rakyat/People's Struggle Post), an organization affiliated with the government.

In the past two years, Mr. Gendo has taken a very active part in the Balinese indigenous people's movement against the reclamation of Benoa Bay in Bali. Gendo and many local activists established a coalition, For-Bali (Forum Rakyat Bali/the Bali Forum against Reclamation), to refute the Benoa Bay Reclamation Plan. For-Bali activists called upon the government to stop the reclamation work because it will cause serious environmental damage.

Mr. Gendo's criticism was taken up by the social media. Pospera activists claimed that Mr. Gendo had made defamatory comments against Pospera and its chairman, Mr. Adian Napitulu. He is a parliamentary member from the Indonesian Democratic Party of Struggle (PDIP). The Pospera activists filed a police report under two articles. They are article 28, paragraph 2 of Law No 11 of 2008 on the Electronic and Information Transaction (ITE) and article 16 of Law No 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Under these articles, Mr. Gendo faces a minimum prison term of six years and a penalty of IDR 1.000.000.000 (One Billion Rupiah).

Pospera claimed that the written statement published by Mr. Gendo in the social media fell within the parameters of the ITE and Racial/Ethnic Discrimination Laws. Mr. Gendo wrote Pospera as "Pos Pemeras Rakyat" (the People's Extortion Post) and the name of Mr. Adian Napitupulu as "Nafitufulus" meaning money.

Additional information:

So far, fabricated charges against human rights activists have followed a trend. It is to silence their critics and advocacy efforts for a healthy environment. Criminal charges against activists are also caused by the lack of a governmental policy on the environment. Mr. Walhi, from the Friend of the Earth, a national human rights organization advocating environmental issues, surfaced the following statistics. In the past five years, 773 environmental activists were reported to the police, 223 activists were subjected to violence, and 28 were killed.

Suggested action:

Please write to the authorities listed below. Ask them to ensure that a legal audit on the Benoa Bay Reclamation Plan be conducted. See that the security forces, in particular the police, act professionally, in a neutral manner with proportionality. The government has a duty of care to protect all environmental activists. Any criminal charges, laid against the activists who fought for a healthy environment, must be ended.

The AHRC will write a separate letter to the UN Special Rapporteur on the situation of human rights defenders, and the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for their intervention in this matter.

To support this case, please click here: http://www.urgentappeals.net/support.php?ua=AHRC-UAC-112-2016

Sample letter:

Dear....................,

Indonesia: Environmental activist reported to the police and charged for rejection of Benoa Bay Reclamation Plan

I am writing to voice my deep concern regarding an environmental activist, Mr. I Wayan Suardana (alias Gendo.) His critics reported him to the police for his rejection of the Benoa Bay Reclamation Plan in Bali. Mr. Gendo, who is part of the For-Bali coalition, has consistently refused to affirm the plan of the developer. They want to develop a luxury resort and apartments as well as a business center in Benoa Bay. For-Bali activists claim that the reclamation will cause serious environmental damage.

On 15 August 2016, Mr. I Wayan Suardana (alias Gendo), a prominent environmental activist from Bali, was reported to the Criminal Investigation Department (Bareskrim) of Police headquarters (Mabes Polri). Mr. Gendo was reported by Pospera (Posko Perjuangan Rakyat/People's Struggle Post), an organization affiliated with the government.

In the past two years, Mr. Gendo has taken a very active part in the Balinese indigenous people's movement against the reclamation of Benoa Bay in Bali. Gendo and many local activists established a coalition, For-Bali (Forum Rakyat Bali/the Bali Forum against Reclamation), to refute the Benoa Bay Reclamation Plan. For-Bali activists called upon the government to stop the reclamation work because it will cause serious environmental damage.

Mr. Gendo's criticism was taken up by the social media. Pospera activists claimed that Mr. Gendo had made defamatory comments against Pospera and its chairman, Mr. Adian Napitulu. He is a parliamentary member from the Indonesian Democratic Party of Struggle (PDIP). The Pospera activists filed a police report under two articles. They are article 28, paragraph 2 of Law No 11 of 2008 on the Electronic and Information Transaction (ITE) and article 16 of Law No 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Under these articles, Mr. Gendo faces a minimum prison term of six years and a penalty of IDR 1.000.000.000 (One Billion Rupiah).

Pospera claimed that the written statement published by Mr. Gendo in the social media fell within the parameters of the ITE and Racial/Ethnic Discrimination Laws. Mr. Gendo wrote Pospera as "Pos Pemeras Rakyat" (the People's Extortion Post) and the name of Mr. Adian Napitupulu as "Nafitufulus" meaning money.

I respectfully request that you ensure a legal audit is conducted on the Benoa Bay Reclamation Plan. You must hold security forces, in particular the police, to a standard that is professional, neutral in manner and proportional.

Furthermore, the Government has a duty of care to protect all environmental activists. Any criminal charges laid against the activists, who fought for a healthy environment, must be ended.

I look forward to your prompt action on this matter.

Yours 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
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 Pol. Drs. H.M. Tito Karnavian, M.A., Ph.D
Chief of National Police (KAPOLRI)
Jl. Trunojoyo No. 3 KebayoranBaru, Jakarta Selatan 12110
INDONESIA
Tel: +62 21 384 8537, 726 0306
Fax: +62 21 7220 669
E-mail: info@polri.go.id

5. Ms. Poengky Indarti
Commissioner of the National Police Commission
Jl. Tirtayasa VII No. 20
KebayoranBaru, Jakarta Selatan
INDONESIA
Tel: +62 21 739 2315
Fax: +62 21 739 2352
E-mail: secretariat@kompolnas.go.id, skm@kompolnas.go.id

6. Professor. Amzulian Rifai S.H, LL.M, PhD
Chairperson of Ombudsman of Republic of Indonesia
Jl. HR. Rasuna Said Kav. C-19 Kuningan (GedungPengadilan TIPIKOR) Jakarta Selatan
INDONESIA
Tel: +62 21 52960894/95
Fax: +62 21-52960904/05

7. Dr. HM. Azis Syamsuddin, SH
Chairperson of the Commission III of The House of Representative
KetuaKomisi III DPR RI
Gedung Nusantara II DPR RI, Lt I
JalanJenderalGatotSubroto, Jakarta,
INDONESIA
Telp: +62 21 -5715566, +62 21-5715569, +62 21-5715864
Fax: +62 21 5715566

8. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
JL. Proklamasi No 56 Jakarta Pusat 10320
Tel: +62 21 31907021
Fax: +62 21 29681551/+62 21 29681557

9. M. Imdadun Rahmat
Chairperson of the National Commission on Human Rights (Komnas HAM)
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-112-2016.

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