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Indonesian Human Rights Commission Extends Mudflow Investigation
Markus Junianto Sihaloho | January 10, 2010

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The National Commission on Human Rights has extended to April the working period of an ad hoc team tasked with investigating allegations of gross human rights violations in the 2006 mudflow disaster in Sidoarjo, East Java.

Hesti Armiwulan, a spokeswoman for the commission, also known as Komnas HAM, said on Sunday that the team was expected to report all its findings to the commission’s plenary meeting earlier this month.

“But we decided to extend the ad hoc team’s working period until April. They still need to summon some people to testify in the case,” she said.

Komnas HAM had earlier declared that the catastrophic mudflow disaster had been caused by human error allegedly committed by oil and gas company PT Lapindo Brantas, which is owned by Golkar Chairman Aburizal Bakrie, through its failure to use a safety sheath during drilling.

Its findings contradicted those of the National Police and House of Representatives, both of which concluded the disaster was caused by natural forces. Tens of thousands of people have been displaced and thousands of homes submerged by millions of tons of toxic mud.

Komnas HAM decided to move forward by establishing a special ad hoc team to investigate possible human rights violations committed by Lapindo.

Hesti said the decision was based on previous commission findings that there was strong evidence showing 13 violations of social, economic and cultural rights.

“If in April we find strong evidence of gross human rights violations in the mudflow case, we will recommend the Attorney General’s Office arrange the prosecution,” she said.

Separately, Paring Waluyo Utomo, a representative of the mudflow victims, said the commission’s efforts were appreciated.

“When a team from Komnas HAM came here [to Sidoarjo] to collect information, many of the victims welcomed them warmly,” he said.

However, rather than thinking about allegations of human rights abuses, it was more important for the victims to get their compensation from the government, Paring said.

He said about 70 families were still yet to receive any compensation as promised by Lapindo, while others only received payments in monthly installments, as was determined by Lapindo.

Paring said the original decree issued in 2007 had ordered Lapindo to pay the initial 20 percent of the value of lost property up front by last year.

Under the decree, PT Minarak Lapindo Jaya, a subsidiary of Lapindo, was appointed to handle compensation claims.

“There are currently two kinds of victims here. The first group is compensated directly by the government, while the other group’s compensation is handled by Lapindo,” Paring said.

“We demand the government pay all the compensation claims, which will then be reimbursed by Lapindo. The victims must move forward and rebuild their lives.”

Lapindo could not be reached for comment.




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