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Newcrest Open cut gold mine violates ancestral forest, breaks forestry law
Wednesday 31 December 2003
Jakarta: This week it has been Jakarta's turn to hear the voice of thousands of indigenous landowners opposed to a gold mine in North Maluku owned by Australian company Newcrest Mining Ltd.Representatives of about 5,000 indigenous and local people from Kao and Malifut on Halmahera island in North Maluku have travelled to Jakarta to pass on demands that the Newcrest-owned PT Nusa Halmahera Minerals (NHM) immediately stop its illegal open-pit mining in the Toguraci traditional protected forest.
The Halmahera representatives held a meeting in Jakarta with senior Forestry Department officials on 17 December to demand PT NHM restore the dozens of hectares already destroyed in Toguraci forest, and its now-depleted 32-hectare Gosowong site. The Department of Forestry officials expressed regret that a temporary letter which was issued by the Department of Forestry in May 2003 had been used by Newcrest to justify clearing the Toguraci protected forest.
Forestry department officals explained the letter was only valid for a month, and was issued under duress after Newcrest met with them and threatened to withdraw from Indonesia, cancelling the contracts of all their staff. Forestry department officials clarified misleading statements that have been issued by Newcrest, assuring the Halmaherans that there has been no change in status of the Toguraci protected forest, and that open cut mining is still banned there, until the Indonesian House of Representatives decides otherwise.
WALHI-Friends of the Earth Indonesia followed up this meeting with an letter demanding the Forestry Department make an official statement regarding the company's violation of Toguraci Protected forest. The Halmahera islanders then held a media conference, supported by the Coalition against mining in Protected Areas, which includes indigenous and environmental NGOs such as AMAN- the Alliance of Indigenous Peoples of the Indo-Archipelago; WALHI- Friends of the Earth Indonesia, WWF Indonesia, the Indonesian Center for Environmental Law (ICEL), the Indonesian Biodiversity Foundation, the Mineral Policy Institute, the Mining Advocacy Network (Jatam), and others.
Introducing the media conference participants, Jatam's national coordinator Siti Maimunah explained "The company's mining operations violate not only Law No. 41/2003 on forestry which bans mining in protected forest areas, but also the ancestral rights of local tribespeople".
Jhon Djinimangele went on to explain, speaking on behalf of "Team 13" formed from the Soa Pagu, Madole, Boing dan Towiliko tribes of indigenous people living in the Kao and Malifut districts surrounding the gold mine site. He illustrated the ancestral significance of Toguraci and the surrounding forest - protected since time immemorial by adat traditional law. Since the year 1999, the adat forest is also protected by Indonesian Forestry Law no 41 (1999) which officially bans open pit mining in protected forests. Said Mr Djinimangele: "Mining activity has taken place all throughout Toguraci - we think it's affected about 60 ha - and we're worried exploration and mining will expand to take over more and more traditional land".
Next spoke Rhino Subagyo from the Indonesian Center for Enviromental Law (ICEL), stating "Since Newcrest Mining's local company PT NHM has violated Section 38 Point 4 of the Forestry Act No. 41/1999, its mining operations can be categorized as a criminal act according to Section 78 Points 6 and 13". "The prescribed punishment for such violations is imprisonment for a maximum of 10 years and/or payment of a fine up to 5 billion rupiah (approx AUD$790 000)," added Subagyo.
"We're looking to the Forestry Department for law enforcement - there must be action taken against any company that wilfully damages protected areas," demanded Nur Amalia from WWF Indonesia.
For more information, please contact:
Igor O'Neill
Workphone: +62 21 794 1672
Mobile: +62 81 286 12 286
Created: 01 Jan 1970 | Last updated: 31 Dec 2003
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