Tue, 28 Sep 2004

If only Newmont

With extraordinary swiftness the National Police are pursuing the alleged pollution case in Buyat Bay, North Sulawesi. Unswayed by initial dismissals from government officials about the reported pollution, police have conducted their own investigation and within weeks of the final results which -- reportedly -- confirm the pollution, hastily declared five officials of Newmont Minahasa Raya as suspects in the case.

Five company officials are being held in custody, with a sixth -- company boss Richard Ness -- released for medical reasons.

Police thus far seem to have remained faithful to their jurisdiction. Their actions have been conducted in accordance with existing laws regulating the detention of suspects.

The expeditious response of police to this case should be commended. That said, something remains amiss if we compare their diligence in this case to other high-profile investigations.

If only police would pursue other cases with the same persistence they have with Newmont, then many accused of graft still on the loose would now be incarcerated.

If only detectives conducted investigations of crimes in the capital with similar zeal as they have ascertaining evidence of a case in a region more than 2,000 kilometers away, then there would probably be no erosion of confidence in the force.

If only Newmont, then there is something definitely wrong with the police force entrusted to oversee our civil society.

The development of the pollution case against Newmont Minahasa Raya borders on the bizarre. When NGOs initially claimed that residents of Buyat Bay were suffering from Minamata disease, many were shocked. The outbreak of the disease would have meant severe levels of mercury poisoning. There were claims that the mercury resulted from Newmont's tailings.

Several ministers dismissed these claims and Newmont repeatedly insisted it did not use mercury in its prospecting or disposal process.

Later tests from a leading university and police found that while residents did not suffer Minamata disease, there were traces of mercury found in the Bay which, allegedly, were above the standard level set by the government for seawater pollution.

One point of contention now is the exact baseline standard of mercury in the water in Buyat Bay and blood levels of victims allegedly suffering from poisoning. Newmont claims that samples tested by third-party laboratories met world standards.

This case is yet another test for our police. We do not wish to impinge or influence their investigations in any way other than to encourage them to conduct themselves in a proper manner. Neither should the police or government be swayed by remarks from high-ranking U.S. officials or suggestions by Newmont's home office that prosecution could deter foreign investment.

Guilty is guilty, foreign or local. Indonesia has a right to uphold its laws. But this must be conducted under the caveat that if there is evidence against Newmont Minahasa Raya it must be irrefutable and presented in the most transparent manner.

Even if Newmont is eventually exonerated, police must get down to who is exactly responsible for the contamination of Buyat Bay. We cannot afford to let the case linger and fade to become another tall-tale of conspiracy.

Failure to resolve the matter openly would only reinforce Indonesia's image as an unsafe country where the sanctity of contracts and the law are not respected, but a place where local officials may get away with attempted extortion.

Rumors of locals trying to extract money before the closure of Newmont Minahasa Raya's operations; illegal miners irresponsibly using mercury and arsenic; or political jostling over potential shares in Newmont's other major gold and copper operation in Nusa Tenggara, should be laid to rest.

Common sense should also prevail in the police's investigation. As noted earlier, police may very well be within their rights to seek the detention of senior Newmont Minahasa Raya officials named suspects, but we question the urgency of their incarceration.

Some of them are recognized individuals in society. It is questionable they would go so far as to flee investigation or attempt to impede investigations by destroying evidence -- the usual grounds for seeking the detention of a suspect.

A major company, Newmont would only do harm to its own reputation if it attempted to foil investigations. We know Newmont is here prospecting in Indonesia for the long haul, and trust management are aware that if criminal proceedings are needed they would cooperate as such.

We only hope the police have the same long-term vision and their investigations are conducted to abet the safety of the environment based on clear evidence, not short-term political gains.