Wed, 18 Jun 2003

Subdistrict chiefs to be punished for complaining

Apriadi Gunawan, The Jakarta Post, Medan, North Sumatra

All 47 subdistrict chiefs in Toba Samosir regency are facing punishment, possibly dismissal, from Regent Sahala Tampubolon following their trip to Jakarta, to demand the closure of PT Toba Pulp Lestari (TPL) in the regency town of Porsea.

Tampubolon said on Tuesday that the subdistrict chiefs did not seek his permission, therefore their action was considered illegal.

"They have no manners. As subdistrict chiefs, they could have come to me as their superior in the regency. Do they think that by coming to Jakarta and staging a protest they can change the central government decision?" he told The Jakarta Post.

The subdistrict chiefs were not permitted to go to Jakarta as stated in a letter issued by Lumbanjulu district chief M. Sitompul on June 3. The letter stated that no subdistrict chiefs can leave without written permission from Tampubolon.

However, the subdistrict chiefs managed to arrive in Jakarta last week to bring their demands to the National Commission on Human Rights (Komnas HAM), the House of Representatives as well as other organizations including Nahdlatul Ulama, Muhammadiyah and the Indonesian Communion of Churches (PGI).

They demanded that the relevant authorities close down TPL, withdraw police officers from Porsea and that Komnas HAM set up an investigating team on human rights abuse in the town.

Tampubolon said he would penalize the subdistrict chiefs as soon as they arrived back in Medan.

He suggested local residents take legal action should they object to the central government's endorsement of the controversial pulp and paper mill TPL, previously known as PT Indorayon Inti Utama, instead of staging protests in Jakarta.

Responding to the regent's threat, Janji Matogu subdistrict head Sogar Manurung said that the subdistrict chiefs would take legal action. He also questioned the legal basis of their possible dismissal.

Manurung said that they had received a guarantee from Komnas HAM, signed by deputy chairwoman Zoemrotin, that they would not receive any administrative punishment from the regent nor intimidation from the police.

"Should the regent dismiss us, we will sue him through the State Administrative Court," he told the Post by telephone from Jakarta.

Executive director of the local branch of the Indonesian Forum for the Environment (Walhi) Herwin Nasution said that he was ready to help the subdistrict chiefs in taking legal action if they are dismissed by the regent.

"We (the subdistrict chiefs) don't need to get permission from the regent to go to Jakarta. We have delivered the objection to the operation of TPL based on the people's mandate," Manurung said.

TPL was allowed to reopen in March 2002 after the company agreed to comply with environmental laws and conduct social and community development programs to empower locals and small-scale companies. Under the agreement, the company performance will be audited annually.

The operation of the pulp mill, which first commenced in 1989, was suspended in October 1998 following protests from locals due to allegations of environmental damage and also rights violations.

Two people were shot dead when local residents rallied against TPL, a unit of the Radja Garuda Mas group, four years ago.