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Article

16 Jun 2023

Author:
Richaldo Hariandja, Mongabay

Indonesia: Local residents challenge zinc & lead mine's environmental permit with administrative lawsuit against Ministry of Environment and Forestry

[unofficial translation provided by BHRRC]

When Dairi residents challenge PT DPM's environmental permit, coalition asks judicial commission to monitor trial, 16 June 2023

… The practice of issuing permits with minimal community involvement still occurs, as experienced by the people of Dairi, North Sumatra… an environmental permit was issued to mining company PT Dairi Prima Mineral (DPM) by the Ministry of Environment and Forestry (KLHK). The residents sued the Ministry to the State Administrative Court (PTUN) in Jakarta on 22 February... The civil society coalition asked the Judicial Commission and the Supreme Court Supervisory Board to monitor the trial process…

The environmental permit was born through the Decree of the Minister of Environment and Forestry on the environmental feasibility of DPM zinc and lead mining in Silima Pungga Pungga District, Dairi, dated 11 August 2022. In fact, residents had a hearing with KLHK on 24 August 2022 and received information that no permit had been issued.

Residents consider that the Government's lack of transparency (KLHK) in the issuance of the Environmental Feasibility Decree on DPM is a substantial and procedural violation committed by the Government.

“This is an administrative lawsuit to the PTUN regarding the environmental approval issued by the KLHK to DPM. The point is that there is no community participation at all”…

DPM is a joint venture between Bumi Resources and China Nonferrous Metal industry’s Foreign Engineering and Construction Co., Ltd (NFC), a Chinese state-owned company established in 1983 and listed on the Shenzhen stock exchange in 1997…

The civil society coalition overseeing this case specifically wrote to the Judicial Commission and the Supreme Court Supervisory Board to monitor the ongoing trial process. They sent this urgent letter on 9 June…

“It is important to urge these two institutions to actively oversee the judicial process. Given that what citizens are suing are state institutions and large corporations. The independence of the judges must be ensured so that they cannot be intervened”…

There are three activities that are not included in DPM’s plan based on the initial environmental impact assessment (EIA). Namely, the construction of a tailings deposition facility, the construction of an explosives warehouse, and the portal or removal of the mine mouth.

The company… had been operating before submitting an addendum (change) to the EIA, which was finally approved by KLHK. “This should be an environmental crime. Even if the environmental approval is issued, it does not eliminate the DPM crime”...

The trial at the PTUN has started since 29 March. Most recently, the Legal Team of the Joint Secretariat for Rejecting Mining presented four residents to testify in court on 14 June.

…witnesses raised three concerns about threats to their living space and livelihoods. Firstly, the 2012 waste leak in Bongkaras Village…

Secondly, one of the witnesses recounted that a flash flood had occurred in Bongkaras in 2018. This disaster resulted in agricultural destruction that still has an impact today…

Thirdly, the witness recounted DPM’s treatment of residents who rejected the mine during socialisation at Barristera Hotel, Sidikalang, North Sumatra, 23 November 2022. At that time, DPM presented a mining expert who said their activities would have no impact on residents and the environment…

Timeline