Walhi makes progress in Freeport lawsuit

JAKARTA (JP): The Indonesian Forum for the Environment (Walhi) moved one step ahead yesterday in its lawsuit against the government over the environmental protection measures granted to PT Freeport Indonesia, the giant American copper mining company.

Judge Benjamin Mangkoedilaga, who is trying the case at the Jakarta State Administrative Court, decided yesterday to proceed with the hearing, overruling objections from the lawyers representing the Ministry of Mines and Energy, one of the defendants.

Judge Benjamin, who has been associated with a number of controversial decisions against the government, decided that since the Ministry already began to discuss the substance of the case, instead of the legal points, the hearing would proceed.

He said that he would rule whether or not Walhi's case is valid after hearing the substance from both sides. At that time he said he would make a final ruling.

Normally a judge hears all the legal points from both parties and rules on whether to proceed or dismiss the case. If the judge rules to hear the case, then both parties can begin arguing the substance of the matter.

Walhi is petitioning the court to overrule the Ministry's decision to approve Freeport's environmental protection program, which Walhi says was done without consulting the ministry's own board of environmental impact.

Walhi, which has a non-permanent seat on the board, feels that the government-approved measures for Freeport's huge mining operation in Irian Jaya are not stringent enough.

Lawyers representing the government say that Walhi has no say in the matter because it only has a non-permanent seat on the board and have asked the court to dismiss the lawsuit.

The lawsuit should have named the minister of mines and energy who approved the license, rather than his secretary-general, as the defendant, the government lawyers said.

They also argue that the lawsuit is premature since there is no evidence that Freeport's activities harmed the environment.

The trial was adjourned until July 27, to give Walhi the opportunity to present its defense statement.(imn)