Revisiting the Newmont case<\/p>\n
Tony Hotland, Jakarta<\/p>\n
An out-of-court settlement that the government plans to seek with
\ngold miner PT Newmont Minahasa Raya proves to be another example
\nof a failure to serve the people, in this case the residents of
\nBuyat Bay in Minahasa, North Sulawesi, who have long been waiting
\nto see the light at the end of a long tunnel.<\/p>\n
The government would apparently also like to drop the criminal
\nsuit filed by the police against the U.S-controlled company in
\nthe Manado District Court, the trial of which is currently
\nstalled pending what we can only guess at given that the case
\nfiles were submitted nearly four months ago.<\/p>\n
Coordinating Minister for the Economy Aburizal Bakrie has
\nincessantly talked about securing more foreign investment for our
\ninvestment-hungry nation.<\/p>\n
Does this justify everything? Does it justify the previous
\nadministration's decision to once again allow 13 giant mining
\nfirms, partially or fully-owned by foreign companies, to operate
\nin protected forests?<\/p>\n
A recently-issued presidential decree allowing the government
\nto unilaterally bulldoze people's land and set the compensation
\nterms in the overrated name of the development of public
\ninfrastructure is another thing to ponder upon.<\/p>\n
Let's also talk about State Minister for the Environment
\nRachmat Witoelar.<\/p>\n
During hearings with the House of Representatives, he
\nimpressed them with his unshakable resolve to go all the way with
\nthe suit, as he proudly cited a report concluding that Buyat Bay,
\nthe main source for drinking water and food for the locals, is
\nhighly contaminated with toxic materials.<\/p>\n
The hearing of the civil suit kicked off early last month in
\nthe South Jakarta District Court. Later, despite protests,
\nRachmat extended the license for Newmont's operation in West Nusa
\nTenggara province to continue disposing of its tailings in the
\nocean.<\/p>\n
More recently, Newmont cofinanced an international seminar in
\nwhich the speakers concluded that the bay was not polluted. It is
\nthis conclusion that the economic ministers are using as a base
\nto drop the civil suit.<\/p>\n
This is not about seeing who wins or loses a trial. This is
\nabout keeping promises to the public and seeing that justice is
\nserved. This trial is an historical event that is too valuable to
\nlet slip away and so important for sustainable development in our
\nenvironmentally fragile nation.<\/p>\n
A trial serves to determine who has the strongest case. What
\nan out-of-court settlement does, especially in a case of such an
\nimmense scale and involving so many interests, is simply to give
\nrise to suspicions.<\/p>\n
A trial could also be helpful to Newmont, which has said that
\nit is being unfairly vilified, as its reputation would be
\nrestored if it won. But then again, Newmont has never shown much
\ninclination to go to court even as it continued proclaiming its
\ninnocence.<\/p>\n
The company tried for almost five years to keep an alleged
\nmercury spill in the Peruvian town of Choropampa at the talks
\nlevel. These collapsed recently after the residents gained a
\nrenewed determination to fight.<\/p>\n
Perhaps the government wants Newmont to carry out complete
\nenvironmental rehabilitation at its mines.<\/p>\n
Wait a minute, though, isn't that already Newmont's duty, and
\nthat of all mining firms, as stated in their contracts.<\/p>\n
Or perhaps the government wants to get Newmont to pay the
\nmedical bills of those Buyat people suffering from various
\ndiseases, high levels of metals in their blood, and even
\ndeformities?<\/p>\n
Err, remember Newmont saying it would not pay any compensation
\nas that would be the equivalent of admitting wrongdoing?<\/p>\n
Or, is it all really about the money? With so much hype from
\nthe government that its determined to take on Newmont, is it
\nreally maneuvering for deal for the interests of the state or
\njust for individual gain?<\/p>\n
It's clear that Newmont has a lot at stake if it loses. The
\ncompany operates two vast mines in West Nusa Tenggara and in
\nNorth Sumatra that have millions of tons in gold and copper
\nreserves.<\/p>\n
With the prices of these two minerals forecast to remain high,
\na slice of the big cake promised by the business sure is enough
\nto secure a well-off future.<\/p>\n
So, what's really going on here? Aburizal argued that the
\ngovernment was setting up a team -- gee, more teams and teams and
\nteams -- to draw up a settlement proposal.<\/p>\n
Hmm, so you decide to drop the case first, then discuss what
\nto propose later on? One short question: who do you think you're
\nfooling here?<\/p>\n
The writer is a journalist with The Jakarta Post.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/revisiting-the-newmont-case-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }