Ministry leaves open-pit mining decision to House

Tony Hotland, The Jakarta Post, Jakarta

Despite mounting public criticism, the Ministry of Forestry will not push the House of Representatives to reject regulation in lieu of law No. 1/2004 that allows open-pit mining in protected forests.

Ministry spokesman Bambang Soepijanto told The Jakarta Post on Monday the ministry, as part of the government, could do nothing because the regulation was issued by President Megawati Soekarnoputri, who is the head of the government.

"A minister is the President's aide. We must stand by the decision although we initially opposed the idea during early discussions and still do," said Bambang.

He said the ministry had been involved in a heated debate with the Ministry of Energy and Mineral Resources, which proposed the regulation, during preliminary discussions with the President.

Megawati issued the government regulation last month, which allows 13 mining firms to resume open-pit mining in protected forests, citing the need to protect foreign investment in the country. The mining firms had to freeze their operations after the government enacted Law No. 14/1999 banning open-pit mining.

Bambang said the energy ministry exploited Article 19 of the law, which deals with changes in the use of protected forests, as the basis for the resumption of mining activities.

"But the article says the changes are made only to support the forests. The matter of mining is stipulated in Article 38, which clearly forbids open-pit mining," Bambang said.

A regulation in lieu of law does not require the House's approval to take effect, but it must be withdrawn if the House rejects it within 30 days. The House is currently in recess.

Bambang expects the House will deliberate the regulation when it returns from recess next week.

"Pak Awal told me his commission would initiate a discussion with the President, involving Commission VIII for energy and environmental affairs and both ministries," he said, referring to Awal Kusumah, the chairman of House Commission III for forestry, agriculture and fisheries.

Bambang expressed hope the House would reject the regulation in response to the public outcry and media reports about possible losses the country could suffer from the regulation.

He urged forestry experts and non-governmental organizations, to release findings, studies and analyses that could help sway House members.

Non-governmental organizations and forestry observers oppose the regulation, warning it will devastate the country's forests and result in losses much greater than the revenue derived from the mining sector.