Irian tribal chief files suit against Freeport again

JAKARTA (JP): An Indonesian tribal leader announced yesterday he had refiled his US$6 billion class action suit against Freeport-McMoRan Inc., charging the American mining company with environmental and cultural destruction.

"I have decided to refile the lawsuit against Freeport McMoRan Inc. after discussing the first lawsuit with my lawyer," Tom Beanal, leader of the Amungme Tribal Council (near the company's Irian Jaya mine), and outspoken critic of the company, said at a press conference yesterday.

His earlier decision to withdraw his lawsuit was made because of a "misunderstanding" between him and his lawyer, he added.

He told the press that he had not understood what the lawyer meant in the previous lawsuit.

Accompanying the tribal leader at the press conference were Tom's American lawyer, Martin E. Regan, Jr, and chairman of the local Institute for Policy Research and Advocacy (ELSAM) Abdul Hakim Garuda Nusantara.

The lawsuit, filed last month in the U.S. District Court in New Orleans, also lists Freeport's mining affiliate, Freeport- McMoRan Copper and Gold Inc. of New Orleans, as the defendant.

The suit claims Freeport engaged in "eco-terrorism," "cultural genocide" and corporate policies that led to human rights violations against tribal people, as well as environmental destruction of resources the tribe needs.

Tom withdrew the lawsuit early this month, on grounds that it was filed by his lawyer without his consent.

"We are not happy with the way in which it was rushed to court without a chance to consult fully with the Amungme people," he said at that time.

The Freeport mine, some 3,000 km (1,870 miles) east of Jakarta, sits on one of the largest known gold and copper reserves in the world.

The complaint was filed against Freeport under a federal law that allows foreigners to sue in U.S. courts for violations of international law.

"The lawsuit is in line with article 28 of the Alien Tort Claim Act and the Torture Victim Protection Act of 1991," Tom said.

The company's Indonesian operations have been plagued by allegations of wrongdoing after an Australian activist group accused the company of violating the rights of tribal people near the Irian Jaya mine a year ago.

According to the suit, Freeport's security guards "engaged in summary execution, arbitrary arrest and detention, torture, "disappearances", surveillance and the destruction of property."

"Violations have occurred on Freeport buses, in Freeport workshops, at Freeport security command centers and stations, and Freeport private roadways and containers," it said.

Freeport Indonesia is 82-percent owned by Freeport-McMoRan Cooper and Gold Inc., an affiliate of Freeport-McMoRan. The Indonesian government and a private company, PT Indocopper Investama, own nine percent each.(imn)