Residents from three villages in the Yapen Islands, Papua Province, have lodged a formal complaint with the Papua Representative Office of the National Human Rights Commission (Komnas HAM) against PT Sinar Purna Karya (PT SPK). The villagers allege the company’s quarrying activities have caused severe environmental damage threatening their homes and livelihoods.
On 18 March 2025, Markus Wayeni, representing the communities of Yapan, Mentembu, and Anotaurei villages in Anotaurei District, Yapen Islands Regency, reported that the company’s mining operations have continued for approximately two to three decades and remain ongoing. Due to these activities, we have lost residential land, he explained. The impact of the company’s quarrying operations has caused landslides and river erosion, affecting residential areas, including my house and certain regions that have been washed away. That’s why I’ve come here to report to Komnas HAM, hoping they can at least help us address this issue, Wayeni told Jubi after filing his complaint at the Papua Human Rights Commission Office in Jayapura (see photo: Reinhart Kmur and complainant Markus Wayeni after submitting a complaint at the National Human Rights Commission office in Jayapura, source Jubi)
Wayeni described the most visible impact as damage to a public cemetery used by two villages, Yapan and Mantembu, where nearly half has been washed away by water erosion, with human remains from graves carried away by the current. The distance between the water and residential areas is no more than 10 metres, with the closest being just 5 metres. Some house foundations are situated right at the edge of soil fractures, which can be 2-3 metres deep. If these areas continue to be washed away, as much of it already has been, what will happen to our lives? he continued.
Following the meeting with the Human Rights Commission on 18 March 2025, Wayeni said several notes were provided that need to be completed. He also appealed to the newly elected Yapen Islands Regency Government to pay attention to the survival of residents whose livelihoods are increasingly threatened by the company’s activities. I hope the government gives full attention to these threats to our right to life and housing, as we only have the Mantembu land—beyond that are just mountains. If our land is consumed by landslides or erosion, should we retreat to the mountains? My hope is that with this complaint, the government will also take notice, he added.
Wayeni fears his village will become merely a story—a place where people once lived but has been entirely washed away. He noted that locations that previously could accommodate three to four houses no longer exist, which is why he is also requesting that the company cease its quarrying operations. Our concern is that 10-20 years from now, our children will no longer be able to live in the village and will have to move elsewhere. If they relocate, they won’t be able to settle for free but will have to pay and purchase land, ultimately becoming like foreigners. That’s why we’re filing this complaint—enough is enough, said Markus.
Reinhart Kmur, a legal adviser from the Papua Legal Aid Institute (LBH Papua), stated on 18 March 2025 that he has been authorised by the Mantebu Village community. PT SPK’s activities have impacted the environment, land, and residents’ settlements. He is accompanying his clients who have filed complaints with the Human Rights Commission. The basis for the complaint is the right to a healthy environment as enshrined in Article 28H paragraph (1) of the 1945 Constitution. Every person has the right to live in physical and spiritual prosperity, to have a place to live, to enjoy a good and healthy environment, and to receive medical care. Article 9 of Law Number 39 of 1999 concerning Human Rights also addresses the right to environment. On this basis, we have filed a complaint alleging violations of environmental rights by a corporation or company engaged in quarrying, a company owned by Toni Tesar, former regent of the Yapen Islands, he explained.
Reinhart hopes that with this complaint, the Human Rights Commission will process and conduct further investigations. If there are findings of alleged violations of environmental rights, he expects recommendations for legal proceedings due to environmental crimes. He also hopes the Yapen Islands Regency government will listen to residents’ grievances, noting that these issues have persisted for a long time, with many residents having complained to previous legislators without any response. The government should also be proactive and share responsibility for the environmental damage that has occurred. It’s not just the company that bears responsibility but the government as well, as they granted the permits. The government has a responsibility and obligation to uphold the human rights of citizens—that’s the mandate of the law, he stated.
Melky Weruin, Chairman of the Human Rights Enforcement and Advancement Team, confirmed that the Commission received the complaint from Yapen on 18 March 2025, with the complainant accompanied by Legal Counsel from LBH Papua. The core issue concerned alleged violations and threats to the environment related to PT SPK’s quarrying activities in the Serui area, particularly in the Anatorei, Mentimbu regions and surrounding areas. The complainant essentially conveyed that the company’s presence and quarrying activities threaten the environmental comfort of communities living in the Anatorei, Mentimbu regions and surrounding areas, said Weruin.
To follow up on the complaint according to standard operating procedures, Weruin explained they will record the complaint in the human rights complaint system. Then we will follow up by conducting a summary and analysis, gathering initial information and materials, he said. This includes gathering information about how the company entered the region, which indigenous communities are affected, what permits were issued, and whether there are agreements between the company and local communities. This information needs to be collected, Weruin continued.
These aspects are important to assess the situation. After gathering these materials, we conduct a summary and analysis, which becomes part of the complaint report before determining next steps. For example, through monitoring to see the actual conditions in the field or by requesting information, as we’ve only received information from the complainant so far, he added.
The Chairman of the Human Rights Enforcement and Advancement Team said they also want to gather information from the company, government, or other relevant parties to maintain balanced information. They cannot rely on information from a single source without seeking clarification from the reported party. Certainly, after completing this entire process of requesting statements and information, an assessment will be made to determine whether there is a real threat to the environment. If there is a real threat, to what extent do human rights violations exist? The end product of the Human Rights Commission is a recommendation—if the assessment indicates that human rights violations have occurred, the Commission will submit recommendations to relevant parties, said Melky Weruin.
