Activists ask Megawati to revoke mining decree

Activists ask Megawati to revoke mining decree

Kurniawan Hari, The Jakarta Post, Jakarta

A group of environmental activists and economists called on the
government on Monday to revoke the regulation in lieu of law
(perpu) that allows 13 mining companies to resume activities in
protected forests, saying their operations would cause more
economic losses and environmental damage.

They also called on the House of Representatives, which is now
in recess, to reject the regulation President Megawati
Soekarnoputri issued two weeks ago.

Article 22 of the newly amended Constitution stipulates that
the president may issue such a regulation in an emergency
situation.

It must, however, win the approval of a House plenary meeting,
otherwise it must be revoked.

"The perpu contains procedural and substantial flaws and
should be revoked," Indonesian Biodiversity Foundation (Kehati)
director Ismid Hadad told The Jakarta Post here on Monday.

Megawati issued two weeks ago Perpu No. 1/2004, which allows
13 mining companies in protected forests to resume their
activities.

The 13 mining companies were part of some two dozen mining
firms operating in protected forests that froze their operations
following enactment of new forestry legislation in 1999.

The law, which banned opencast mining in protected forests,
made no mention of contracts signed before it was enacted,
creating uncertainty for mining companies already operating in
protected forests.

The legal uncertainty forced the companies to either freeze or
scale down their operations.

Article 38(A) of Perpu No.1/2004 stipulates that all licenses
and contracts for mining business in forests signed before the
enactment of the Forestry Law were valid for the remainder of the
original term of the license or contract.

Coordinating Minister for the Economy Dorodjatun Kuntjoro-
Jakti said the 13 mining companies would be allowed to resume
their activities because they had proven reserves that were
economically viable.

Also on Monday, a group of nongovernmental organization (NGOs)
activists and economists criticized the issuance of the new
regulation, which they said would only worsen environmental
destruction.

They included economist Dradjad H. Wibowo, Indonesian Forum
for the Environment (Walhi) director Longgena Ginting, Worldwide
Fund for Nature (WWF) official Mubariq Achmad and Advocacy
Network for Mining (JATAM) coordinator Siti Maimunah.

They said in a statement that Megawati had issued the
regulation without providing proper information and justification
to the public.

They added that issuance of the regulation clearly showed that
the President had no commitment to conserving the depleting
forest.

They alleged that Indonesia's forests had been decreasing by
about 3.8 million hectares per year, causing the state to lose
some Rp 30 trillion annually.

Legislator M. Askin revealed that House Commission VIII for
environmental issues had told the government to study the
possibility of allowing mining activities in protected forests.

"The perpu was issued before the government completed its
study, so I think the House will not approve it," he said.