Mining in protected forests rejected

Kurniawan Hari, The Jakarta Post, Jakarta

A group of environmental non-governmental organizations (NGO) lashed out on Friday at the government for permitting 13 mining companies to resume activities in protected forests through the issuance of a regulation in lieu of law, or perpu.

The 10 NGOs grouped under the NGO Coalition Against Mining in Protected Forests said the policy, issued as a government regulation in lieu of law, would only justify forest devastation.

The coalition said they would file for a judicial review of the regulation at the Constitutional Court.

Longgena Ginting, executive director of the Indonesian Forum for the Environment (Walhi), and Indro Sugianto, the executive director of the Indonesian Center for Environmental Law (ICEL) said the regulation proved the government's poor commitment to the environment.

"Our environment is in a terrible condition. The new regulation will only worsen it," Longgena said.

A perpu is as powerful as a law but, as it goes into effect immediately without requiring endorsement from the House of Representatives, it is usually issued in cases of emergency. However, the government must notify the House of the perpu.

The Megawati administration issued the first perpu on antiterrorism shortly after the Bali bombings in October 2002.

Longgena wondered why the government did not perceive the importance of environmental conversation after the series of recent natural disasters that had claimed hundreds of lives, and said the government had put investment and business interests ahead of forest conservation by issuing the new regulation.

Perpu No. 1/2004 addresses the issue of mining concessions that overlap protected forest areas and supersedes Law No. 41/1999 on forestry, which banned open-pit mining in protected forests.

Article 83(A) of Perpu No. 1/2004, a copy of which was made available to The Jakarta Post, stipulates that all licenses and contracts on mining affairs in forests made before the enactment of the Forestry Law are valid for the remainder of the original term of the license or contract.

Minister of Energy and Mineral Resources Purnomo Yusgiantoro had previously warned of legal repercussions if Indonesia failed to honor the mining contracts.

Siti Maimunah, coordinator of the Network for Mining Advocacy, concurred that there was no reasonable motive behind the new regulation.

She added that its issuance could offend the House because it had never been discussed with legislators.

Separately, legislator Muhammad Askin revealed that House Commission VIII for environmental affairs had told the government to carry out a study on the possibilities of opening mining activities in protected forests.

"The perpu was issued while the government has not yet finished its study. So I think the House will not approve it," he said.

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