Ministry leaves open-pit mining decision to House

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approval to take effect, but it must be withdrawn if the House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.