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Number INV/2023/NW/1
Subject: Application for Administrative Objection to the action of disseminating disease-causing biological agents that have the potential to cause outbreaks and epidemics (Wolbachia Mosquitoes)
Dear.
Mr. Budi Gunadi Sadikin,
Minister of Health of the Republic of Indonesia on site
Yours faithfully,
Those who sign the attachment "petition participants", hereinafter referred to as "the applicants", in this case request the Honorable Mr. Budi Gunadi Sadikin, as Minister of Health of the Republic of Indonesia, to immediately revoke the Decree of the Minister of Health Number HK.01.07/ MENKES/1341/ 2022 and stop (temporarily) all actions to disseminate disease-causing biological agents that have the potential to cause outbreaks and epidemics, especially mosquitoes modified with Wolbachia bacteria (hereinafter referred to as "Wolbachia Mosquitoes") or other modified/ engineered living creatures.
1. Factual Basis
Specifically regarding the Wolbachia Mosquito program, the applicants have identified the following factual problems and deficiencies:
- There is no AMDAL (Environmental Impact Analysis) and related permits for the Wolbachia Mosquito program, while AMDAL and related permits are legally required for "activities whose results can affect the natural environment, the built environment, as well as the social and cultural environment;" and/or “introduction of types of plants, animals and microorganisms;”
- The Minister of Health does not have the authority to permit or order activities that impact the environment/ecosystem - Local research in a small area in Yogyakarta
has become the basis for the national Wolbachia Mosquito program. Research conducted by the University of Jember (Genetic Variation of Aedes Aegypti (Diptera: Culicidae)
based on DNA Polymorphism) for example shows the high level of genetic diversity in the Aedes Aegypti population, meaning that the results of research in one small area cannot necessarily be compared to the results in other areas, research results in Yogyakarta, its validity must first be proven in Aedes aegypti populations in other target areas.
- Manipulated and incomplete Risk Assessments, potential negative impacts on health and the environment were insufficiently researched and excluded -
Various studies that have formed the basis for the Wolbachia Mosquito program were published in Journals that were not recognized (even banned) by BRIN
Jakarta, December 8 2023
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- The Ministry of Health sides with groups with an interest in the Wolbachia Mosquito program rather than being neutral -
Unilateral invitation from Commission IX of the DPR to the Minister of Health which includes Scott O'Neill, Director of WMP who plans to spread 200 million Wolbachia infected mosquitoes, in Bali
- Correlation is not causation, dengue fever decreases in Yogyakarta (77%) which claimed to be "due to" the Wolbachia Mosquito program could have occurred due to other causes such as conventional mosquito control methods, climate or other natural cycles. For example, in Bali dengue fever has also decreased/varied drastically, similar to Yogyakarta, without the presence of Wolbachia mosquitoes:
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- Results abroad are not clear, for example in Sri Lanka the dengue fever rate has tripled since the Wolbachia Mosquito program was introduced, in Singapore (a very extensive Wolbachia mosquito program) the dengue fever rate has also increased and the NEA (National Environment Agency) admits that the program is still in progress. the experimental phase with many challenges although it started in 2016. NEA Singapore has also noticed changes in the phenotype of the dengue virus during trials which may be caused by the presence of the Wolbachia mosquito - A comprehensive study on the
issue of evolution (Wolbachia versus dengue: Evolutionary predictions) came to the conclusion that the short-term benefits of the wolbachia method are promising, but the long- term impacts and risks are unknown: “our analysis suggests that the possible benefits of this technology outweigh the negative impacts, but the true risks are largely unknown”
- A study (Reduced competitiveness of Wolbachia infected Aedes aegypti larvae in intra- and inter-specific immature interactions) has found that Aedes aegypti infected with Wolbachia is weakened thereby reducing their competition with other species, such as Aedes albopictus which is also a vector for dengue fever and various viruses others, which can lead to an increase in other mosquito populations.
- A study (Wolbachia Enhances West Nile Virus (WNV) Infection in the Mosquito Culex tarsalis) has found that infection with Wolbachia bacteria increases the level of West Nile virus infection in Culex tarsalis mosquitoes. The same/similar risks have not been studied enough in the Wolbachia-borne Aedes aegypti mosquito program in Indonesia
- The Ministry of Health ignores the community's substantial and well-founded objections and concerns
- Undue and unreasonable foreign influence, for example World Mosquito
Programs funded by various controversial entities such as Bill & Melinda Gates Foundation
- Import of Wolbachia mosquito eggs from Australia is suspected without permits and procedures applicable biosecurity (LARTAS)
- Violation of the basic principles of informed consent (consent based on complete information), risks are hidden by the Ministry of Health and only benefits are promoted to the public
- There is no clear responsibility and provisions regarding compensation for damage/losses caused by the Wolbachia Mosquito program - Violation of regional autonomy
for the environment and tourism, negative impact on tourism - Many or even most people reject the Wolbachia Mosquito program or feel unsafe and/or comfortable with the presence of the Wolbachia Mosquito, this fact has become clear from the national and international reaction to the Wolbachia Mosquito program. Local residents have no choice if the Wolbachia Mosquito is released without their consent in their area, however national and international tourists can and will choose to avoid the area which will cause (significant) harm to the tourism industry in the area.
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2. Legal Basis
Based on the entire description in Number 1. above, the release of Wolbachia mosquitoes violates the law, legal principles and conventions, including the following:
A. Law no. 17 of 2023 concerning Health
Article 399: “Every person is
prohibited from: a. carry out activities to disseminate materials that contain causes of disease and health problems that have the potential to cause outbreaks; and/or
b. carry out activities to disseminate disease-causing biological agents that have the potential to cause outbreaks and epidemics."
Article 445: "Every person who carries out activities to disseminate materials that contain disease- causing and/or biological agents that cause disease and health problems that have the potential to cause outbreaks and epidemics as intended in Article 399 shall be punished by imprisonment for a maximum of 12 (twelve) years or criminal a maximum fine of IDR 5,000,000,000 (five billion rupiah).”
B. Law no. 32 of 2009 concerning Environmental Protection and Management
The entirety of Paragraph 5 concerning AMDAL and Paragraph 7 concerning Licensing and amendments to the Job Creation Law (especially regarding participation of affected communities)
C. Law no. 14 of 2008 concerning Openness of Public Information
Article 11 paragraph (1): "Public Bodies are obliged to provide Public Information at any time
which includes:
b. the results of Public Body decisions and their considerations; c. all existing policies and supporting documents;”
D. General Principles of Good Government (AAUPB) (Algemene Beginzedvan Behoulijk Bestures/ General Principles Of Good Administration):
The Principle of Benefit , namely: In publishing/conducting the object of the dispute, there is a balanced benefit between the interests of one individual and the interests of other individuals, the interests of individuals and the interests of society, the interests of citizens and foreigners, the interests of one community group and another community group, the interests of the government with citizens, the interests of the present generation with the interests of future generations.
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The Principle of Impartiality , namely: the principle that requires Government Agencies and/ or Officials to determine and/or carry out decisions and/or Actions by considering the interests of the parties as a whole and not being discriminatory.
The Principle of Accuracy , namely; that a Decision and/or Action must be based on complete information and documents to support the legality of the determination and/or implementation of the Decision and/or Action so that the Decision and/or Action in question is prepared carefully before the decision and/or Action is determined and/or done.
The principle of not abusing authority is; the principle that requires every Government Agency and/or Official not to use their authority for personal or other interests and not in accordance with the purpose of granting said authority, not to exceed, not abuse, and/or not mix up the authority.
The Principle of Openness, namely: When publishing/conducting an a quo dispute object, do not openly receive any information related to the applicable laws and regulations.
Principle of Public Interest, namely: Prioritizing public welfare and benefits in an aspirational, accommodating, selective and non-discriminatory manner
The principle of legal certainty , namely: When issuing/conducting the object of a dispute, prioritizing the basis of statutory regulations, propriety and justice in every policy and so that the resulting decision meets the elements of legal certainty.
E. 1945 Constitution:
Article 28A paragraph (1): "Everyone has the right to live and the right to defend his life
and life"
Article 28G paragraph (1): "Every person has the right to protection of himself,
his family, honor, dignity and property under his control, and has the right to a sense of security and protection from the threat of fear of doing or not doing something which is a human right ”
Article 28H paragraph (1): Every person has the right to live in physical and spiritual prosperity, to have a place to live, and to have a good and healthy living environment and the right to receive
health services.
F. Pancasila, in particular:
2. Just and civilized humanity 3. Indonesian Unity 4.
Democracy led by wisdom in deliberation and representation
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5. Social justice for all Indonesian people
G. Salus Populis Suprema Lex Esto (The safety of the people is the highest law)
3. Provisions for continuing the release of Wolbachia mosquitoes in open environments and/or other activities that disseminate biological agents in open environments, hereinafter referred to as the Program.
- Independent research/research, at least to replicate and validate research that has become the basis for the Program
- Complete, precise and independent risk assessment and risk-benefit analysis - Only research published in journals recognized by BRIN can be used
in the evaluation, approval and implementation of the Program
- AMDAL and Permits for Programs in accordance with Law no. 32 of 2009 concerning
Environmental Protection and Management and its amendments to the Job Creation Law
- Obtain informed consent / community approval for the Program
- Without obligation, respecting the autonomy of regions that refuse to participate in
Program
- Without commercial interests by national or foreign parties; total transparency
Program funding
- Regulations that provide compensation to parties who suffer losses as a result
Programs, for example tourism operators who experience a decline in the number
of visitors
- Clear and enforceable regulations that explain responsibility for damage/loss caused by, or
alleged to be caused by the Program, with a simple and fast compensation process that does not require legal action
- Complete and comprehensive transparency regarding all aspects of the Program, especially risks and uncertainties, including regulations prohibiting public communication of benefits without mentioning risks and uncertainties
- Formation of a committee involving all parties (stakeholders), including applicants, as advisors and supervisors of the Program
Based on all the descriptions above, it is hoped that this objection request can be immediately followed up by Mr. Budi Gunadi Sadikin, as Minister of Health of the Republic of Indonesia, and grant
this request by stopping (temporarily) all actions to disseminate disease-causing biological agents
that have the potential to cause outbreaks and epidemics, especially mosquitoes modified with Wolbachia bacteria or other modified/engineered living creatures.
However, if this application does not receive a response according to the applicant's request within 10 working days, then without prejudice to respect, the applicant will take legal action to the State Administrative Court as per the legal channels regulated in Law 30/2014 concerning Government Administration / Law 6/2023 concerning Stipulation of Government Regulations in Lieu of Law Number 2
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In 2022 concerning Job Creation it becomes Law and Supreme Court Regulation no. 2 of 2019, and/or Citizen Lawsuit in the District Court.
If there are questions regarding this application or the respondent wishes to discuss, the applicants can be contacted using the contact information provided below.
Thus, we submit this Administrative Objection Letter to the Honorable Mr. Budi Gunadi Sadikin, as Minister of Health of the Republic of Indonesia.
Thank You.
Best regards, Petitioners Contact:
Investigates.org
Jalan Kalasan no. 15, Cimanggu Permai 1, Kec. Sareal Land, Kel. Kedung Badak, 16164 Bogor City
Tel. & WhatsApp: 0812 94055 112 Email: investigatedotorg@gmail.com Attachment: List of Applicants
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