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Indonesia: Medical workers criminally charged for protests over their income
Asian Human Rights Commission Urgent Appeal - August 30, 2011 (see sample letter below)
Dear friends,
The Jayapura regional police in West Papua have charged eight medical workers with incitement and objectionable acts following their peaceful protest against regulation 141/2010 by the provincial governor. The regulation deprives the Jayapura hospital's medical workers of certain payments. An earlier request to meet and discuss the situation was ignored by the governor. Moreover, the medical workers were reported to the Jayapura regional police for violating criminal law with their protest. The AHRC sees the fabrication of these charges as a violation of the workers freedom of expression. Peaceful protesters have frequently been criminally charged for incitement or disobedience in West Papua and other parts of Indonesia. (photo: workers in front of the house of representatives in Papua, source: ALDP)
Case narrative:
The AHRC has received information from KontraS, the Commission for the Disappeared and Victims of Violence, regarding the fabrication of charges against workers who had conducted a peaceful protest. The medical workers serving in the Jayapura District Hospital have been receiving an incentive bonus since 2005. In 2010, the governor of Papua decided to alter this incentive.
When news reached them of the possible change the workers feared that they would lose this payment and made requests for a meeting with the governor which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue take place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua's health agency representative and a representative of the Jayapura hospital.
AHRC-UAC-150-2011-02.jpgThis meeting resulted in an agreement regarding the amount of the incentive payment. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, in an abrupt about face, on 30 December 2010, the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. (photo: workers at the regional police correctional facility, source: ALDP)
The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 -- 14 March 2011.
AHRC-UAC-150-03-2011.jpgOn 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients. (photo: workers receive letter regarding leave on bail from a lawyer, source: ALDP)
On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.
The AHRC is concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest. Criminal charges against peaceful protesters have increased in Papua and West Papua in recent years and several political protesters were convicted with prison sentences.
Suggested action:
Please write letters to the authorities listed below urging them to drop the charges against the eight medical workers of the Jayapura hospital.
Please be informed that the AHRC is sending letters on this case to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, calling for strong interventions.
Dear _____,
Indonesia: Medical workers criminally charged for protests over their wages
According to reports from KontraS, the Commission for the Disappeared and Victims of Violence, the medical workers serving in the Jayapura District Hospital have been criminally charged for their participation in a peaceful protest against a new regulation of the governor of Papua depriving them of some payments.
Fearing that they would lose this payment when news reached them of the possible change the workers made requests for a meeting with the governor, which were initially ignored. Only after the medical workers conducted a peaceful protest in front of the local parliament building in Jayapura on 2 December 2010 did a dialogue took place the following day. The workers met with several commissioners including the Regional Secretary of the province, the head of the Legal Division, Papua's health agency representative and a representative of the Jayapura hospital. This meeting resulted in an agreement regarding the amount of the incentive. On 6 December 2010, the governor of Papua issued resolution no. 125 of 2010 implementing the agreement. However, on 30 December 2010, in an abrupt about face the governor revoked the earlier resolution with another one (no. 141 of 2010) and thus deprived the medical workers of the respective payments. The reasoning given for this new resolution was that the payment of the incentive would create duplication of budget.
The medical workers again requested a dialogue with the governor asking the reinstatement of resolution no. 125 of 2010 which was once again ignored. They then held a peaceful demonstration from 1 -- 14 March 2011.
On 12 March, 2011 a report was made to the Papua regional police that the protestors were alleged to have carried out acts of incitement and objectionable acts as mentioned in article 160 and article 335 point 1 respectively in the criminal code. The report deplored the medical workers absence from their health service duties while participating in the protest. Leni Ebe, the coordinator of the protest pointed out that not all staff attended the protest and that they had arranged to ensure that health care was sufficiently provided to patients.
On 15 March 2011, at 10.00 am, Leni Ebe and Popi Mauri were examined as witnesses in the criminal case against them at the Papua regional police headquarter. At 03.00 pm, the police declared eight persons including Leni Ebe and Popi Mauri as suspects in the case.
I am concerned about the ongoing criminal procedures conducted against the workers for organising a peaceful protest and urge you to ensure that the charges against the eight members of the medical staff be dropped. I hope that the provincial administration could show more openness to dialogue and would commit to ensure that no person will be criminally charged for participating in a peaceful protest as such charges present a violation of every person's right to freedom of expression as enshrined in Indonesian and international law.
I am kindly urging for your intervention into this case.
Yours sincerely,
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. Minister of
Home Affair of Republic of Indonesia
Jl. Merdeka Utara
No. 7 Jakarta 10110
INDONESIA
Tel: +62 21 3450058,
3842222
Fax: +62 21 3831193
3. Chairman of
the National Police Commission (Kompolnas)
Jl. Tirtayasa
VII No. 20
Komplek PTIK
South Jakarta
INDONESIA
Tel: +62 21 739
2352
Fax: +62 21 739
2317
4. Head of Indonesian
Police
Markas Besar
Kepolisian INDONESIA
Jl. Trunojoyo
No. 3
Kebayoran Baru
Jakarta 12110
INDONESIA
Tel:+62 21 3848537,
7260306, 7218010
Fax:+62 21 7220669
Email: info@polri.go.id
5. The Head of
House of Representative of Papua
(Ketua Dewan
Perwakilan Rakyat Papua)
Jl. Dr. Sam Ratulangi
No.2
Jayapura, Papua
INDONESIA
Tel: +62 967 533580
Fax:: +62 967
533691
6. Barnabas Suebu
The Governor
of Papua
Jl. Soa Siu Dok
Jayapura, Papua
INDONESIA
Tel: +62 967 537523
Fax: +62 967
531847, 531853
7. Head of Police
Area Headquarters Jayapura, Papua province
Polda Papua
Jl. Samratulangi
No. 8 Jayapura
INDONESIA
Tel: + 62 967
531014
Fax: +62 967
533763
8. 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
E-mail: info@komnas.go.id
Thank you.
Urgent Appeals
Programme
Asian Human Rights
Commission (ua@ahrc.asia)
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