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Open letter - Tangguh security agreement

Also TAPOL press release - BP denounced for security pact with East Timor crimes suspect

20 June 2005

David Clarkson
Executive Vice President Tangguh LNG project
Jakarta

Dear Mr Clarkson

Timbul Silaen
We are responding to your letter of 18 April to Richard Samuelson concerning BP's relationship with West Papua's former police chief, Timbul Silaen.

We appreciate that Silaen has now moved on, but we are dismayed that BP saw fit to enter into a security agreement with a person indicted on crimes against humanity charges by an internationally-recognised, UN-backed tribunal, the Special Panel for Serious Crimes in East Timor.

Timbul Silaen is charged with 'superior criminal responsibility' for acts or omissions undertaken as part of 'a widespread or systematic attack directed against the civilian population [of East Timor],...especially targeting those who were believed to be linked to or sympathetic to the independence cause in East Timor'. The specific offences alleged against him are the crimes against humanity of persecution, other inhumane acts, and deportation or forcible transfer of population.

The nature of his alleged crimes, against East Timorese independence supporters, is particularly relevant to the context of West Papua, where support for independence is equally strong.

Of course Timbul Silaen is innocent until proved guilty, but the Voluntary Principles on Security and Human Rights are quite clear and categoric. They state that 'individuals credibly implicated in human rights abuses should not provide security services for the Corporation'. There is no question that Timbul Silaen is such an individual.

You say that where an individual with credible allegations of human rights abuse made against them is appointed to a direct role with respect to Tangguh you would take careful considerations and actions. No person has a more direct role than the chief of police who, with BP, is responsible for the joint security measures within the Tangguh work area. We would therefore be interested to know what actions you took in this case. We wonder if you could kindly answer the following questions.

a) Were you aware in April 2004 of the Silaen indictment?

b) Had you at that time read the indictment?

c) Do you regard the indictment as credible?

d) What steps did you take to consider the allegations made against Silaen and what actions did you take as a result?

e) What discussions, if any, did you have with the Indonesian government about Silaen's role in providing joint security for Tangguh?

We note what you say about your commitment to the Voluntary Principles, but we are afraid your actions seem to speak much louder than your words. By entering into an agreement with a person accused of such grave crimes, you have endorsed impunity and created the impression that you are merely paying lip service to the human rights of the Papuans. Your actions are indicative of a persistent refusal to acknowledge the wider human rights context, in West Papua and Indonesia, within which you are operating.

We look forward to hearing from you.

Yours sincerely,

Paul Barber

On behalf of:
TAPOL, the Indonesia Human Rights Campaign
Down to Earth, International Campaign for Ecological Justice in Indonesia
Free West Papua Campaign

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