Tracing the roots of human rights violations<\/p>\n
Merana di Tengah Kelimpahan (Sufferings amidst Affluence);
\nBy Dianto Bachriadi;
\nInstitute for Advocacy and Community Studies
\n(ELSAM), Jakarta, 1998;
\nxxiv + 268 pp<\/p>\n
YOGYAKARTA (JP): Large-scale mining firms have often been in
\nthe spotlight for alleged human rights violations, regardless of
\nwhether these violations are committed by the firms concerned or
\nother parties in the country where mining activities are carried
\nout.<\/p>\n
This likelihood stems from the two features inherent in large-
\nscale mining businesses. First, these undertakings are closely
\nlinked with the exploitation of natural wealth in huge
\nquantities. Such activities will always be related to the
\ndetermination of the rights over the resources of this wealth.<\/p>\n
Second, to ensure that its activities run smoothly, a large-
\nscale modern mining company needs stability in the political,
\neconomic and security sectors in its host country.<\/p>\n
The first feature relates with efforts to win over natural
\nresources and the wealth they contain, while the second is
\nconcerned with how to safeguard the capital invested for the
\nentire activity to win over the resources.<\/p>\n
It is in this context of keeping control over natural
\nresources that the state is very likely to get involved in a
\nnumber of human rights violations. This is because during the
\nprocess of winning over these resources relevant political and
\nlegal forces, or elements of power, will have a say in
\ndetermining the claim over the rights on the resources being
\nfought for.<\/p>\n
In other words, certain economic interests have \"bought\" a
\nnumber of claims and their justification so that they have been
\nwrested from the interests of people's welfare. The people's
\nwelfare actually should be prioritized by the ruling government
\nas required by the mandate it acquires in the political power it
\nholds.<\/p>\n
The book, which is a case study of PT Freeport Indonesia in
\nIrian Jaya and PT Kelian Equatorial Mining (PT KEM) in East
\nKalimantan, reveals details of human rights violations, which the
\nwriter links to these international companies.<\/p>\n
Dianto Bachriadi writes that these violations encompass civil,
\npolitical rights as well as economic, social and cultural rights.<\/p>\n
The outcome of the study reveals that the profits reaped by
\nmultinational corporations in their operations in Indonesia have
\nincurred a terribly huge human cost.<\/p>\n
Dianto is an anthropologist from the Bandung-based Padjadjaran
\nUniversity who is now active in a non-governmental organization,
\nKonsorsium Pembaruan Agraria (Consortium for Agrarian Reform).<\/p>\n
What the book reveals has further shaken the foundation of a
\ntheoretical view which, for close to five decades, has dominated
\nhuman rights discourses. The view in question is one that gives
\nplace to the state as the main agent assuming the responsibility
\nto guarantee and protect human rights, the so-called state
\nobligations.<\/p>\n
The theoretical foundation of this view, which explains why
\nhuman rights advocacy conducted by human rights activists is
\nusually centered on the state, has now been questioned in
\nconnection with the presence of parties in the international
\narena such as multinational\/transnational corporations
\n(MNCs\/TNCs), international financial institutions (International
\nMonetary Fund, the World Bank) and world institutions like the
\nWorld Trade Organization and the Asia Pacific Economic
\nCooperation forum.<\/p>\n
These new agents must be considered as parties which may be
\nrequired to perform their legal responsibility in guaranteeing
\nand protecting human rights, especially now that world economic
\nand political power seems to be shifting from the state to these
\nnew agents.<\/p>\n
There are at least four factors with which one may argue for
\nconsidering MNC\/TNC agents assuming the responsibility to
\nguarantee and protect human rights, as set forth in various
\nconventions and covenants.<\/p>\n
According to the writer these four interlinked factors are:
\n(i) the economic power of an MNC; (ii) the international nature
\nof an MNC; (iii) the impact exerted by the operation of an MNC
\nand (iv) a limited capacity on the part of developing countries
\nin regulating the conduct of an MNC.<\/p>\n
Therefore, it is now time to review the opinion which has been
\ndominant all these years about the concept of liability in human
\nrights violations. It seems that this liability cannot be
\nexclusively shouldered by the state. The international law on
\nhuman rights includes these parties as responsible for such
\nviolations.<\/p>\n
The results of this study are obviously not meant to give a
\nbad image of the business world or to arouse anti-MNC\/TNC
\nsentiments. Rather, it is aimed at encouraging businesspeople,
\nthe government, legislators and other community members to
\nformulate corporate responsibility. This responsibility is not
\nconfined only to environmental damage, labor and social affairs,
\nbut also covers responsibility for human rights violations.<\/p>\n
The study shows that it is now time for MNCs\/TNCs dealing in
\nmining to make a sort of human rights impact assessment so that
\nthey may minimize the likelihood of human rights violations.<\/p>\n
-- Eni Nur Husniyati<\/p>\n
The reviewer is an alumni of the Sunan Kalijaga State Islamic
\nInstitute in Yogyakarta.<\/p>",
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