Update on the IMK - Aurora Gold case field and legal developments

Acting from their concerns towards the development of the mining industry and the impacts generated, a number of lawyers, advocates, and other humanitarian workers formed a working legal defense team called “Tim Advokasi Tambang Rakyat (Traditional Mining Advocacy Team) or TATR for short, on 7 October 1999 in JATAM ‘s Secretariat. The team members include ALPERUDI (Aliansi Pengacara untuk Demokrasi Indonesia/Lawyers Alliance for Democracy in Indonesia), YLBHI (Yayasan Lembaga Bantuan Hukum Indonesia/Indonesian Legal Aid Foundation), PBHI (Perkumpulan Bantuan Hukum Indonesia/Indonesian Legal Aid Group) ELSAM (Lembaga Studi Advokasi Masyarakat/The Institute for Policy Research and Advocacy), WALHI (Wahana Lingkungan Hidup Indonesia/Indonesian Forum for Environment) and JATAM (Jaringan Advokasi Tambang/Mining Advocacy Network).

As its first case, TATR is currently handling all legal matters on behalf of the Dayak Siang, Murung and Bekumpai people of North Barito District, Central Kalimantan on their case against PT Indo Muro Kencana/Aurora Gold. So far, the team has carried out meetings to discuss the plans for defense, carried out an investigation visit to the location of the Dayaks which were taken over by Aurora Gold. The visit was held from 2-7 November 1999 and the team visited the communities in 23 villages in order to exchange knowledge and information regarding the case between the team members and the impacted communities.

As a result of the visit, a legal opinion was put together as a foundation to put together a draft of the lawsuit against the company. The draft composition shall take three stages until a final draft is completed. Moreover, a workshop of discussion attended by experts will also be held in the efforts to put together the final draft. Also, as a preparation to the said suit the team’s plans include policy lobbying and advocacy in the form of hearing sessions with Peoples’ Representative Council, discussions with Minister of Mining and Energy, Minister of Environment, Minister of Human Rights, Minister of Security and Defense, the Vice President, and possibly other related parties. Meanwhile, the hearing session with the Peoples’ Representative Council was successfully carried out on Tuesday, February 8, 2000 on 1930 WIB, with the Council stating that they will summon the Minister of Environment for questioning regarding the environmental pollution case of PT IMK/Aurora Gold, summon PT IMK/Aurora Gold for questioning, study the Contract of Work of the company, review the Contract of Work of the company, and possibly even review other Contracts of Work. Thus, the next item in TATR agenda will be the expert discussion.

In the meantime, the latest news received on the situation on the field stated that more than 1500 community members from various indigenous tribes are still occupying three potential mine sites (Betmen, Halubai, and Kerikil) by putting up temporary settlement consisting of at least 200 houses. As a result, the company has not been able to resume its operations on the three sites. In fact, according to an employee who would like to remain anonymous, the company was forced to let go of more than 100 of its employees—from practical day workers up to field and technical operators. Its public relation officer, Gozali Lubis, stated that if the occupation continues, the company would have to close down its operations by May 2000. “Besides, the deposit in Kerikil mine site is estimated to run out in April 2000 ”, he added.

There has been news on the plans of the local government to clear the community out of the said mine sites. However, up to now, no actions have been taken to remove the community.

SOURCE “Dayak Menggugat Kasus Tambang Rakyat Vs PT. Indo Muro Kencana (IMK)/Aurora Gold Ltd.” by Icha Maryana (JATAM);
“IMK Dikabarkan PHK 100 Orang”, Kalteng Pos Daily (12 February 2000);
“Perkembangan TATR”, by Icha Maryana (JATAM).

For further information: Contact JATAM
(Indonesian Mining Advocacy Network)

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