National
Commission for Human Rights in Indonesia
Jakarta, 14 April 2009
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No : |
1.304/K/PMT/IV/2009 |
Attention to |
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Attached : |
1 (one) file |
The Director of |
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Subject : |
Request explanation related |
Address Jl. Terusan Margasatwa No. 26 Ragunan, Jakarta Selatan – |
National Commission
for Human Rights (Komnas HAM) on 23 March 2009 has received a letter
of complaint submitted by Mr. Prima Riantony, and his colleagues, as
employees of Oxfam GB Indonesia.
At its core
complainants submit that Oxfam GB in Indonesia, particularly in the
area office Oxfam GB Kupang has occurred alleged arbitrary action,
discrimination, and unfair treatment in PHK problems, restrictions on
rights to association. The complainant submitted that the description
is as follows:
1. Mr. Prima
Riantony, complained about the action Oxfam GB Indonesia assessed not
just in the handling of the alleged cheating related payments over
time (overtime) employees of Oxfam GB Kupang is not a breach of
procedure. Mr. Prima Riantony rate that Oxfam GB has to follow up the
allegations of discrimination in complaints submitted by local staff
(Indonesia) and Expatriate (foreign).
Mr. Prima Riantony
also object to the action on the Country HR Manager, Esther
Napitupulu to block the e-mail. Since 4 February 2009 his email
account and access the entire network information system organization
has been frozen. This is related to the complainant to call
co-workers to form unions. With regard to this matter has been
considered that His Right has been muzzled occurred against the
rights of association and to be organized.
2. Mr. Agustin
Michel said that Oxfam GB has an action of discrimination in the
handling of staff. In August 2008, Michel Agustin denounce the
violation of code of ethics made by Joseph Curtin and completed
through informal efforts. However, the Joseph Curtin then back with
the internet abuse article. Michel Agustin then penalized the final
formal warning letter (last letter of warning).
3. Mrs. Adelia Miret
dismissed by Oxfam GB Kupang without a clear reason. Dismissal occurs
after the turn of Admin & Finance Manager. Adelia Miret also be
arbitrary, namely, after the required Dismissal ,she has been forced
to leave the office at 12:00 WITA warned and not to come to the
office. Office staff and guards are also required not to divulge the
door when Adelia Miret came to office. In addition, feel humiliated
by superiors through direct action with the post-Dismissal
accusations of losing the transaction banking documents, though not
with the document found by the other colleagues.
4. Mrs. Apri Lia,
felt forced to be arbitrary and intimidation in the interests of Area
Program Manager, Joseph Curtin. Events occurred at the ATM BCA Joseph
Curtin property consumed in the ATM Store Cemara Indah, then ask APRI
Lia to finish with a call Hallo BCA staff and officers, but did not
find a bank ATM’s. In addition, APRI Lia lose rights her day leave
for 13 (thirteen) days as ordered to keep working.
With respect to this
matter, Komnas HAM urge you to give an explanation related to the
complaints presented, including allegations of discrimination and
tyranny. Komnas HAM that the lack of follow-up of complaints is the
occurrence of potential human rights violations, given the provisions
of Law no. 39 of 1999 on Human Rights:
a. Article 3
paragraph (2) states that “Everyone is entitled to the
protection of human rights and basic human freedoms, without
discrimination.”
b. Article 5
paragraph (1) states that “Each person is recognized as a
private man who demands and is entitled to obtain treatment and
protection in accordance with the same dignity kemanusiaannya in
front of the law”
c. Article 24
paragraph (1) states that “Everyone has the right to establish
trade unions and should not be dihambat become members in order to
protect and defend his interests and in accordance with the
provisions of the laws.”
d. Article 38
paragraph (2) states that “Everyone has the right to freely
choose a job of interest and also have the right over the terms of
employment.”
Mandate of
Article 8 and paragraph (1) of Law No. 40/2008 on Discrimination of
Race and Ethnic, Komnas HAM is an institution given the authority to
conduct supervision of the practice of racial and ethnic
discrimination, and paragraph (2): “Searching the facts and the
assessment of individuals, community groups, or the conduct alleged
racial discrimination and ethnicity. “
Relatives
clarification or explanation is required as to examine the problem
objectively, so within thirty (30 days), Komnas HAM has been referred
to obtain clarification.
Said to be
the top concern and the good cooperation, thank you pronounced.
National
Commission for Human Rights
Sub-Commission Monitoring
and Investigations
Johny
Nelson Simanjuntak, SH
Commissioner
Designation copies.
:
1. Chairman of
Komnas HAM (for reports)
2. Minister of
Manpower and Transmigration of Indonesia, in Jakarta
3. Mr. Martin
Hatfull, Ambassador of the United Kingdom, Jl. M.H. Thamrin No. 75
Jakarta
4. Head of
Department of Labor East Nusa Tenggara, in Kupang
5. Jeremy Hobbs,
Director of Oxfam International, Suite 20 266 Banbury Road Oxford OX2
7DL, United Kingdom
6. Barbara Stocking,
Director Oxfam GB, Oxfam House John Smith Drive Cowley Oxford OX4
2JY, United Kingdom
7. Sdr. Prima
Riantony, et al
Jl. Education III
RT. 007/06, Cijantung, Pasar Rebo, East Jakarta
8. Archive
(1-8 without
attachments)
Oxfam GB in Indonesia is A JOKE !!! 