Saturday, November 17, 2012

The Bloody Waters of Tiaka


The police are considered negligent in handling mass actions in the Medco-Pertamina oilfield. There was rights violation.

There wasn't much activity on the oil rig of Tiaka, Morowali, Central Sulawesi, on Saturday morning in the third week of August. In the oilfield owned by the joint operating body of PT Medco E&P Tomori Sulawesi and PT Pertamina (Persero) state oil company lay a large excavator right in front of an oil container in the form of a giant cylinder.

This oil well is linked with Kolo Bawah village by Tiaka island waters. The waters, also called Tomini Bay, are very clear. Fish and corals are clearly visible from boats. In the waters, Kolo Bawah villagers, mostly coming from the Bajo ethnic group of fishermen, used to fish for a living.

That morning, a number of technicians and several security guards in the oilfield performed their duties as usual. They didn't expect that from across the waters a boat carrying 30 villagers was approaching the island with one mission: questioning Medco's promise.

"Since 2007, the firm has promised us community empowerment," said Taslim, 28, one of the residents on the boat, to Tempo on Thursday last week.

Displaying a poster of the Youth and Student Alliance for North Bungku and Mamosalato People, the residents gave an oration at the entrance of the Tiaka field. They voiced their demand for the recruitment of local workers, the construction of infrastructure and the supply of funds for environmental development and education.

The protesters were greatly disappointed. Their hour-long sail was to no avail as none of the firm's executives showed up. Out of frustration, the residents returned home while damaging the security station, maltreating Amri and Wahab, both Medco employees, and taking away a speedboat.

The next morning a group of residents again met to prepare follow-up action. On Monday, August 22, at 11am Central Indonesia Time, around 100 people aboard six boats sailed back to Tiaka. As previously, the Monday action was led by field coordinator Andri Sondeng. "The coordinator asked us to ravage right away," said Taslim.

Reaching Tiaka, the protesters smashed glass, paper, helmets and cushions. "Whatever we found was shattered," added Taslim, now in detention at the Central Sulawesi Regional Police. Smoke billowed as the cushions burnt affected diesel oil in the oil mining area. With the high-rising smoke, the village residents panicked and rushed to the quay to sail away. Taslim also followed them. Along with them were three policemen, a soldier and two security men of Medco, aboard a 3-ton-capacity boat.

On their way, the six passengers wanted to move from the residents' boat. They shouted to attract the people on Medco's speedboat in front. As there was no response, a policeman on the residents' fired into the air to draw attention.

Unexpectedly, the skyward gunfire was countered by a shower of shots from the speedboat directed at another boat of the residents. Andri, the field coordinator, was on board. He was shot in the chest and was moved to yet another boat to be taken to Kolo Bawah village.

The engine of the boat Taslim boarded suddenly stopped due to a lack of fuel. The residents on board asked for fuel help from the village. Failing to get the fuel, the boat passengers asked the police sailing with them to call Tiaka in order to send fuel. "But on one condition: the fuel wasn't delivered by security forces," said Taslim.

After a while, a speedboat approached from Tiaka, bringing fuel. "It carried 12 Mobile Brigade members," noted Taslim. The six people who boarded the residents' boat moved to the speedboat. As they were leaving, one of the policemen previously joining the residents pointed at Yurifin on Taslim's boat. "They asked for their arms back," said Taslim, who had been selling ice for fish preservation.

After the shots at the boat that hit Andri, Yurifin a Gorontalo State University student asked the policemen, soldier and Medco security men to give up their arms. "We were worried in case they might shoot. So we seized their weapons," indicated Taslim. Two M-16s and a revolver were held by Yurifin and Zainudin, sharing the same boat with Taslim.

Asked to return the guns, Yurifin shouted at the police on the speedboat, only 5 meters from their boat. "Yurifin told them to collect the arms later at the [Mamosalato] sector police office," said Taslim.

But the police on the speedboat responded by ordering the residents on their boat to raise their hands and drop their arms. "Then, we were immediately shot with a spray of gunfire. It sounded like rain," revealed Taslim.

All on the boat promptly lay prone. It was 4:30pm Central Indonesia Time. "The sky was a bit cloudy that afternoon," recalled Taslim. But seven people were hit. Marten Datu Adam died on the spot. Yurifin died on his way to Luwuk Hospital. "Yurifin was on my lap. Before he died, he smiled twice," he related. Taslim and four peers were badly wounded.

After the shootings, the residents were taken to Tiaka and sent to Rata village. The five villagers hurt by gunshots were rushed to Luwuk Hospital. Taslim was also nursed there and later moved to Bhayangkara Hospital. Nine days after being treated at the hospital, Taslim was then detained at the Central Sulawesi Police HQ. Along with 22 other residents, he became a suspect.

Medco Field Manager Sugeng Sutiyoso said the gunfire aimed at the boat was due to the demonstrators' holding the soldier, policemen and Medco staff hostage. "They ran out of fuel so the protesters asked the hostages to be bartered for fuel," added Sugeng. According to him, the police must have fired shots to paralyze the demonstrators holding the men hostage.

Two days after the bloody incident, the National Human Rights Commission visited the scene. An investigating team comprising the commission's four representatives in Palu was led by Dedi Askari. Commission member Ridha Saleh also flew there.

Provisional findings, said Ridha, were different from the information given by the Medco official. "Shootings of residents occurred," he pointed out. "The action belongs to the category of rights violation."

Ridha regretted the police action. "The attitude of the police indicated partiality for Medco," he said.

Central Sulawesi Police Chief, Brig. Gen. Dewa Parsana, denied his personnel's leaning. In his view, the police already took persuasive moves and appealed that mass anarchy should be avoided. "There were also warning shots," he noted. "But the masses kept raging, hurling Molotov cocktails at the rig and guards."

However, Dewa said the police are still probing any alleged procedural deviations. At present Morowali Police Chief, Adj. Sr. Comr. Suhirman, and 19 Mobile Brigade members have been named to be examined.

The clashes stemmed from the absence of agreement between residents and JOB Pertamina-Medco E & P for the well-being in three districts. Then added another from the land acquisition process is not fair according to their divisions. The price of land per square meter only in nominal right around Rp. 9000 to Rp. 12,500. But the pretext of capital owners to pay Rp. 150,000 per square meter. It is estimated that the land area of 20,000 square meters in 2011 but until now, the land is only about 1,000 acres of land granted to the citizens. Environmental damage from oil processing Pertamina is also an indicator, some of the natural wealth of the ocean under the damaged and destroyed by oil wastes that pollute the area. With some problems starting from the absence of welfare among the citizens, land seizure, destruction, and the other part, people do eventually forms of opposition to the mass action.

Legal Structure :
The Police Department seek the provocateurs behind the demonstration. And then invited the Commission form a fact-finding team (TPF) to investigate alleged human rights violations in the case of The Bloody Waters of Tiaka, the island where oil drilling JOB Pertamina-Medco E & P Tomori, Morowali District, Central Sulawesi, which left two civilians were shot dead by police. The last, The Police Department do an evaluation of its members are suspected of committing offenses in the shooting. Even the Central Sulawesi Police Propam has come down to the field to investigate.

Legal Substance :
20 villagers was arrested & made suspect by police in Central Sulawesi, 4 (four) of them are children under the age. Police action is arbitrarily set to 4 people suspect under the age has given rise to stigmatization of evil and cause severe psychological trauma course. Against such children, police are required to provide special treatment and ensure the fulfillment of their rights as children in accordance with Law No. 23 of 2002 on Child Protection.

Almost all the suspects snared the Articles of violence (destruction) of objects (Article 170 of the Criminal Code jo. Article 55-56 of the Criminal Code) that the penalties are a maximum of 7 years in prison. In addition there is a man named Mohammed Sondeng Andri considered provocation, incitement and confiscated firearms. Andri was regarded as an intellectual actor in the action which took place on Monday, August 22, 2011.

Legal Culture :
1. Practices used by the owners of this capital has been clearly shown that deprivation, discrimination, exploitation which they use constantly oppress all of any existing community sector. The unit functions as a protector of security forces is the community, now a "pet dog" capitalism where when people want to convey the aspirations of the people there he was arrested, beaten, on interrogation, and even killed as the shooting of this kind. Interests of capital owners are ultimately only be devastating to the people of Indonesia and beneficial owners of capital and his minions. Then it has become imperative for students and people oppressed to continue to take the fight against the interests of the financiers and political elites who continue to inflame the promises of their imitation.
2. According to People's Advocacy Team Unity Morowali :
The Bloody waters of Tiaka happened due to PT. Medco broken the promises since 2007. PT. Medco itself has done the extraction of oil since 2005, but the fact is not at all benefit the surrounding community or even welfare. They just have injustice and criminalization when demanding their rights. All parties should re-look at the chronological version is not affected citizens and lie to the chronological order that had been submitted the police. It is important to prevent the justification for the police doing the shooting and other violence against citizens. This incident once again adds to the poor record and shows how the police have lost their professionalism because the demands of citizens responded with repressive and inhumane acts.

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