The statement on Newmont acquittal

It is increasingly clear that the attitude and actions of the SBY-JK government do not have a character of national sovereignty. The judge’s verdict in the judication of the case of environmental pollution in Buyat bay by the Newmont Minahasa Raya company was to exonerate this company. It was not proven that they committed environmental crimes on the basis of a limited investigation by CSIRO, WHO and the National Minamata Institute. The verdict was confirmed by the Judges’ council in the Manado state court without considering additional data that is more objective, despite the fact the Newmont has clearly committed environmental crimes in the process of mining.

Below is evidence that strengthens the conclusion drawn above:

* Based on the report by the ASEAN Marine Water Quality Criteria 2004 that lists arsenic and mercury as being present in the Buyat bay.

* The arsenic content in the drinking water has exceeded the acceptable level set by the minister for health.

* Based on the report by residents of Buyat Pante that found medical complaints of skin irritation, cramping and lumps and swelling on the residents of the area of Buyat. The same lumps have also been observed on the local fish that are caught by the Buyat fishermen.

* Based on Newmont’s own Environmental management plan and environmental monitoring plan: Before waste is emitted into the Bay of Buyat, the tailings waste from Newmont already exceeds the acceptable levels that have been set. These documents show that there have been at least 121 cases where it has occurred that arsenic, mercury, silver, iron, manganese and cyanide have exceeded the acceptable limits that have been determined by the environment ministerial decree LH no. 51/MENLH/10/1995 attachment C and acceptable limits for tailings that have been set by the state environmental minister’s decree

* Based on a company report, Newmont has also been proven to not have permission to dump tailings waste into the sea during the period 2001 until 2004.

* Based on the report of the investigation by Indonesian police headquarters and the findings of the integrated team that manage the pollution of Buyat bay, it has been proven that a variety species of phytoplankton and other microorganisms in the area of Newmont’s tailings removal in Buyat bay are experiencing significant disturbance such that they have been categorized as experiencing heavy pollution.

* Based on the government report on environmental monitoring (2004) and Evan and Edinger, from Memorial University, the concentration of iron, arsenic and antimony in front of the mouth of the pipe is extremely high compared to other research stations in other regional waters of Indonesia.

From the data we see above, there is adequate evidence to determine that PT Newmont has violated Government Regulation regarding management of B3 and also the multilateral agreement on investment.

Although various regulations have already placed the owners of the Newmonrt company in the position of being guilty of environmental destruction, the position of the government is precisely as if the opposite is the case. In this case the government is two faced. On one side the government announced that Buyat bay had been polluted by tailings from the Newmont company but on the other side the health department that is under the authority of the Minister of health simply allows Newmont’s claims to stand, based on the appearance of facts that are the result of limited studies by CSIRO, WHO and the National Minamata Institute. Worse again, the government is silent when the Newmont company makes public lies by building a campaign around the results of these limited studies that mention that the Buyat bay is not polluted by tailings waste.

In addition in the years 2001-2004 the government through the office of the minister for the environment did not express any position with regards to the Newmont company who were dumping waste into the ocean without government authorisation.

Enough is enough! The evidence is already complete. The Newmont company has been proven to have committed environmental crimes but the government does not care about these crimes. This means that the government is also involved in destroying the environment and robbery of a comfortable life for the people of Buyat. In light of this situation PAPERNAS states that:

The SBY-JK government is not a pro-people’s government but rather a pro-imperialist government.

Because of this we declare:

1. So that the citizens surrounding Buyat and the victims of the greed of the Newmont company organize themselves to continue their struggle to maintain the rights of the people.

2. So that all democratic elements the pro people elements at both national regional and international level give their support and solidarity to the people of Buyat,

3. The relocation of the citizens of Buyat Pante.

4. Free education and health for the people Buyat Pante.

5. Implement a public court hearing that is free from forein intervention.

6. Arrest, bring to justice and seize the wealth of the government and court bureaucracy who are involved in collusion and maipulation in the case of the Newmont company.

7. Take over the Newmont company for the prosperity of the people and the salvation of the environment.

8. Employment and cheap quality housing.

9. Abolish the foreign debt.

10. Build national industry.

Jakarta, 25 April 2007