Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from the Padang Legal Aid (LBH Padang) about a Geothermal project plan to be developed in the area of Talang Mountain, West Sumatera province. So far, Hitay Daya Energy Company (PT. Hitay Daya Energy) has not shown any goodwill in having a dialogue with the local community regarding the project. On the contrary, the Company has simply ignored the local community’s concerns regarding environmental damage. Furthermore, the West Sumatera police are harassing community leaders advocating environmental protection.
CASE NARRATIVE:
The local community in Salingka Talang Mountain, in particular local community in Batu Bajanjang and Kampuang Dalam, Solok regency, West Sumatera province, are concerned and upset after learning that the Regional Police office of West Sumatera province (Polda Sumatera Barat) will be deploying troops to Talang Mountain to confiscate customary land belonging to the local community. Currently, local communities there are struggling to defend their customary land and advocate conservation of Talang Mountain against the Geothermal project plan.
Talang Mountain is an active volcano, and the area around it is a community farming area, with the largest vegetable producer to supply people in West Sumatera, Riau and Jambi provinces. The area also produces rice paddies, known as Solok Rice, relying on water from Talang Mountain. The Ministry of Environment and Forestry has declared Talang Mountain as a protected forest area, which functions to support human life, support irrigation system, prevent floods, erosion control and maintains soil fertility.
According to Padang Legal Aid, in 2017, the Hitay Daya Energy Company (PT. Hitay Daya Energy) came to the area and announced that it will develop a Geothermal project there, as the Indonesian Investment Coordinating Board (BKPM) has issued 27,000 hectares to it for 37 years permit period. BKPM is an investment service agency of the Indonesian Government which aims to make Indonesia an attractive destination for investment.
While the Company claims that Geothermal energy is cleaner than coal energy, Padang Legal Aid and the local community in Talang Mountain believe that Geothermal energy will bring negative impact to the area. The community has learned about the negative impact of the Geothermal project from other communities who rejected the Geothermal energy project. In particular, locals visited and discussed with the South Solok community, which shared the experience of a significant reduction of water sources after the Geothermal energy project was developed in South Solok. After discussion and field studies, the Talang Mountain locals believe that the Geothermal project will endanger their environment and water sources, and will seriously impact towards the community’s future life.
The AHRC has been informed that the Company is going ahead with its project without proper communication and socialization with the local community. Despite the massive rejection from local community, the Company insisted to enter the area and develop the project. According to Padang Legal Aid, on 20 November 2017, the Company without permission entered the area accompanied by five navy personnel (TNI AL) and five army personnel (TNI AD) carrying weapons.
This angered the local community, and thousands of villagers came and surrounded the Company staff and military personnel. Although the Regent promised to come as well, he did not turn up even after a few hours. Finally, as the villagers got more angry, they burned down the Company’s vehicle.
When the police investigated the burning of the vehicle, Padang Legal Aid noted that the investigation was far from fair and objective. Instead of examining the alleged perpetrators who had burned down the Company’s car, the police investigators summoned and examined community leaders advocating for mountain conservation and rejecting the Geothermal project. On 29 December 2017, at 2 a.m., one of the community leaders was arrested by the police investigators of West Sumatera Regional Police office. On the same day, the police investigator examined another community leader and then decided to detain him; he is still in detention until today. So far, the police investigators have announced six community members as wanted, and also summoned other community members to attend examination process in the police office.
On 8 January 2018, the police summoned Mr. Jamilus as a witness, although he did not participate in the protest. Jamilus attended the examination accompanied by a public defender of Padang Legal Aid. He was examined from 1 p.m. to 9 p.m., and afterwards he was prohibited to leave the police office; he was detained for 24 hours.
Public defenders of Padang Legal Aid protested against his detention and urged the police to release him. Instead, the police issued an arrest warrant and named Jamilus as a suspect, and then the police investigators continued the examination process without the presence of public defenders. According to Jamilus, the substance of his examination had nothing to do with the car burning incident; rather, the police investigators asked why the community rejected the Geothermal project, and the names of those involved in meeting and protesting against the Geothermal project. Jamilus was released the next day.
The local community is now traumatized, particularly the women and wives of those examined by the police without being involved in the car burning. They worry that the police could summon or even detain the community members at anytime, for rejecting the Geothermal project plan in Talang Mountain. Most recently, two such community members were summoned and examined by the police: Mr.Hendra alias Kacak and Mr. Ayu Dasril, both of whom are still in detention at the time of writing. The situation is worsening as the police are now conducting frequent sweeping operations in the area.
SUGGESTED ACTION:
Please write to the authorities listed below, asking them to ensure that the Geothermal project plan to be developed in the Talang Mountain area is legally audited. The government, both local and central, must pay serious attention to this matter. The government should seriously consider the demand and the voices of the local community, who are advocating environmental protection. In addition, we also request independent State commissions such as the National Commission on Human Rights (Komnas HAM) and the Witness and Victims Protection Agency (LPSK) to take important roles in ensuring a peaceful settlement upon this matter. Further, the police investigators of West Sumatera Regional Police Office must be more professional in conducting law enforcement related with the burning car incident belonging to the Company. The police should not randomly summon, examine and even detain community leaders and members; moreover, the examination process should merely focus on the case of burning car, not expand to the community advocacy effort to reject the project and protect the environment of Talang Mountain. The police should immediately release the community members who have nothing to do with the burning car case.
The AHRC will write a separate letter to the UN Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment and UN Working Group on Arbitrary Detention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDONESIA: Environment in Talang Mountain must be protected while law enforcement should be fair and objective
Name of victims: Local community in Talang Mountain, West Sumatera province, Indonesia
Names of alleged perpetrators:
– Hitay Daya Energy Company (PT. Hitay Daya Energy), police investigators;
– the head of sub-unit 1 Police General Crimes Investigation Directorate (Ditreskrimum), Alidison, SH., West Sumatera Police Office (Polda Sumatera Barat);
– Navy personnel and army personnel who protected the Company
Date of incident: Between December 2017 to January 2018
Place of incident: Salingka Talang mountain, in particular local community in Batu Bajanjang and Kampuang Dalam, Solok regency, West Sumatera province
I am writing to voice my deep concern regarding a Geothermal project plan to be developed in the area of Talang Mountain, West Sumatera province. So far, Hitay Daya Energy Company (PT. Hitay Daya Energy) has not shown any goodwill in having a dialogue with the local community regarding the project. On the contrary, the Company has simply ignored the local community’s concerns regarding environmental damage. Furthermore, the West Sumatera police are harassing community leaders advocating environmental protection.
The local community in Salingka Talang Mountain, in particular local community in Batu Bajanjang and Kampuang Dalam, Solok regency, West Sumatera province, are concerned and upset after learning that the Regional Police office of West Sumatera province (Polda Sumatera Barat) will be deploying troops to Talang Mountain to confiscate customary land belonging to the local community. Currently, local communities there are struggling to defend their customary land and advocate conservation of Talang Mountain against the Geothermal project plan.
Talang Mountain is an active volcano, and the area around it is a community farming area, with the largest vegetable producer to supply people in West Sumatera, Riau and Jambi provinces. The area also produces rice paddies, known as Solok Rice, relying on water from Talang Mountain. The Ministry of Environment and Forestry has declared Talang Mountain as a protected forest area, which functions to support human life, support irrigation system, prevent floods, erosion control and maintains soil fertility.
According to Padang Legal Aid, in 2017, the Hitay Daya Energy Company (PT. Hitay Daya Energy) came to the area and announced that it will develop a Geothermal project there, as the Indonesian Investment Coordinating Board (BKPM) has issued 27,000 hectares to it for 37 years permit period. BKPM is an investment service agency of the Indonesian Government which aims to make Indonesia an attractive destination for investment.
While the Company claims that Geothermal energy is cleaner than coal energy, Padang Legal Aid and the local community in Talang Mountain believe that Geothermal energy will bring negative impact to the area. The community has learned about the negative impact of the Geothermal project from other communities who rejected the Geothermal energy project. In particular, locals visited and discussed with the South Solok community, which shared the experience of a significant reduction of water sources after the Geothermal energy project was developed in South Solok. After discussion and field studies, the Talang Mountain locals believe that the Geothermal project will endanger their environment and water sources, and will seriously impact towards the community’s future life.
The AHRC has been informed that the Company is going ahead with its project without proper communication and socialization with the local community. Despite the massive rejection from local community, the Company insisted to enter the area and develop the project. According to Padang Legal Aid, on 20 November 2017, the Company without permission entered the area accompanied by five navy personnel (TNI AL) and five army personnel (TNI AD) carrying weapons.
This angered the local community, and thousands of villagers came and surrounded the Company staff and military personnel. Although the Regent promised to come as well, he did not turn up even after a few hours. Finally, as the villagers got more angry, they burned down the Company’s vehicle.
When the police investigated the burning of the vehicle, Padang Legal Aid noted that the investigation was far from fair and objective. Instead of examining the alleged perpetrators who had burned down the Company’s car, the police investigators summoned and examined community leaders advocating for mountain conservation and rejecting the Geothermal project. On 29 December 2017, at 2 a.m., one of the community leaders was arrested by the police investigators of West Sumatera Regional Police office. On the same day, the police investigator examined another community leader and then decided to detain him; he is still in detention until today. So far, the police investigators have announced six community members as wanted, and also summoned other community members to attend examination process in the police office.
On 8 January 2018, the police summoned Mr. Jamilus as a witness, although he did not participate in the protest. Jamilus attended the examination accompanied by a public defender of Padang Legal Aid. He was examined from 1 p.m. to 9 p.m., and afterwards he was prohibited to leave the police office; he was detained for 24 hours.
Public defenders of Padang Legal Aid protested against his detention and urged the police to release him. Instead, the police issued an arrest warrant and named Jamilus as a suspect, and then the police investigators continued the examination process without the presence of public defenders. According to Jamilus, the substance of his examination had nothing to do with the car burning incident; rather, the police investigators asked why the community rejected the Geothermal project, and the names of those involved in meeting and protesting against the Geothermal project. Jamilus was released the next day.
The local community is now traumatized, particularly the women and wives of those examined by the police without being involved in the car burning. They worry that the police could summon or even detain the community members at anytime, for rejecting the Geothermal project plan in Talang Mountain. Most recently, two such community members were summoned and examined by the police: Mr.Hendra alias Kacak and Mr. Ayu Dasril, both of whom are still in detention at the time of writing. The situation is worsening as the police are now conducting frequent sweeping operations in the area.
Therefore, I respectfully request you to ensure that the Geothermal project plan to be developed in the Talang Mountain area is legally audited. The government, both local and central, must pay serious attention to this matter. The government should seriously consider the demand and the voices of the local community, who are advocating environmental protection.
In addition, please ensure that independent State commissions such as the National Commission on Human Rights (Komnas HAM) and the Witness and Victims Protection Agency (LPSK) take important roles in ensuring a peaceful settlement upon this matter. Further, the police investigators of West Sumatera Regional Police Office must be more professional in conducting law enforcement related with the burning car incident belonging to the Company. The police should not randomly summon, examine and even detain community leaders and members; moreover, the examination process should merely focus on the case of burning car, not expand to the community advocacy effort to reject the project and protect the environment of Talang Mountain. The police should immediately release the community members who have nothing to do with the burning car case.
I look forward to your prompt action in 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. Air Chief Marshal Hadi Tjahjanto
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. 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
6. 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
7. 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
8. Mr. Kahar Muzakir
Chairperson of the Commission III of The House of Representative
Ketua Komisi 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
9. Mr. Abdul Haris Semendawai
Chairperson of the Agency for Victims and Witness Protection
Lembaga Perlindungan Saksi dan Korban (LPSK)
Jalan Raya Bogor KM. 24 No. 47-49, Susukan, Ciracas, RT.6/RW.1, Susukan, Ciracas, Kota Jakarta Timur, Daerah Khusus Ibukota Jakarta 13750
Tel: +62 21 29681560
Fax: +62 21 29681551 / +62 21 29681557
10. Mr. Ahmad Taufan Damanik
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)
