FREEPORT AND ECOCIDE CRIMES IN THE AMUNGME-MIMIKAWE TRIBAL REGION OF WEST PAPUA (Part 3)

FREEPORT AND ECOCIDE CRIMES IN THE AMUNGME-MIMIKAWE TRIBAL REGION OF WEST PAPUA (Part 3) 

Introduction

Our previous two articles reviewed Freeport's Crimes through the 1974 January Agreement : Freeport's Inherited Sins on the Amungme-Mimikawe Tribe and the Papuan Nation. Then the second article reviews Freeport and the Facts of Crimes against Humanity in the Lives of the Amungme-Mimikawe Tribe.  In this third part we specifically highlight Freeport crimes which have an impact on the Papuan ecocide. For lay people, perhaps the word ecocide is less popular to hear in West Papua compared to the word genocide which is a popular debate and kanjian in West Papua.

It should be noted that ecocide has become an international discourse since the 70s, as a result of concerns about human behavior towards the environment. In the last 10 years, ecocide has become very visible as part of structured, systematic and massive exploitative actions. The development of environmental crime in the form of ecocide has not been followed by concrete efforts in the form of international consensus to determine ecocide as the most serious crime that can threaten environmental destruction, (Cf. Triantono Triantono, et al. Ecocide: Study of the Loss of Ecological Service and Environmental Crime Approach and Prospects for Regulation in Indonesia in Law & Development Journal Vol. 52 No. 2 (2022), 470-484, University of Indonesia). 

Terminologically, the word "ecocide" comes from the word "eco" which means habitat, place of residence, and everything related to that habitat/place of residence, such as humans, animals, plants, air, water and the sun. Meanwhile, the word cide is Latin, Cedere, which means to destroy or destroy. (Arie Elcaputera and Dede Frastien, 2020, 'Ecocide Study of Coal Mining in Forest Areas in the Air Bengkulu Watershed', Bina Law Environment, (2020) 62-81.

Thus, ecocide can also be interpreted as the destruction of resources and ecosystems that are necessary for human life by means of massive exploitation of the environment and natural resources.  

The Independent Expert Panel (IEP) defines ecocide as "an unlawful or reckless act carried out with the knowledge that there is a high probability of serious, widespread or long-term environmental damage caused by the act."

The nature of ecocide is to destroy the environment and destroy humans simultaneously, especially in areas experiencing poverty. Ecocide can cause environmental damage which gives rise to various social, cultural and human health problems in the environment. Communities affected by ecocide can experience an economic crisis due to loss of economic resources and jobs. Ecocide can also cause deadly diseases in the human body and change culture and reduce close social interactions between residents. The question is how can 50 years of massive exploitation in the land of Papua (Amungme-Mimikawe tribal area) be categorized as a crime of exocide? 

In our review, the third part will show an overview of the ecocide crimes committed by Freeport. This company not only committed crimes of ecocide but also committed human rights violations and ethnocide against the two tribes. The legal complaint of Father Tom Beanal and Mama Yosepa against Freeport in 1996 clearly states that (1) occurred. Human Rights Violations, (2). Environmental destruction (Enviromental tort), (3). Cultural Eradication (Cultural Genocida). These three demands were filed based on two basic United States laws, namely the Alien Tort Act (ATA) and the Torture Victim Protection Act (TVPA). 

The legal efforts of the Amungme residents through the two figures were taken in two ways. First, a lawsuit was filed in the Federal Court in the name of Tom Beanal. Second, a lawsuit was filed at the State Court in the name of Yosepa Alomang. In this third part of the review there are 4 main topics, 

Landslide Disaster and Humanitarian Tragedy by PT. Freeport, 

Ecocide Crime, 

Freeport tailings that damage people's lives, 

Freeport and the Melting Ice in Cartenz. 

1. Landslide Disaster and Humanitarian Tragedy by PT. Freeport

In carrying out its exploitation, PT. Freeport Indonesia is very weak with its safety system for employees. This is proven by the frequent occurrence of landslides which result in civilian casualties in the Freeport area.

Below we summarize a number of landslide disasters caused by PT mining. Freeport (cf. Markus Haluk, Confronting Freeport, A Way to Resolve Conflict, Diyai-Honai Center Publishers, October 2014. Pages, 13-20).

In 1995, a landslide occurred with the collapse of Lake Wonagon which resulted in casualties and damage to a number of facilities, houses and property belonging to Amungme residents in the Banti settlement, Tembagapura. This disaster sparked strong protests from various institutions and communities in West Papua and internationally.

In May 2000, a landslide occurred in the Freeport area. The slide of a pile of waste rock into the dumping site at Lake Wonangon killed 4 sub-contractor workers. This is the third disaster at Lake Wonagon, since the June 1998 incident and the mudflow caused by the earthquake on March 20-21 2000.

On 9 October 2003, another landslide occurred in the Grasberg open pit mine area. This incident killed 8 people.

On 11 October 2003, 13 Freeport Indonesia workers were buried and two of them died.

In March 2006, 6 workers died and some suffered injuries due to a landslide.

In May 2013 the biggest landslide disaster occurred in the Freeport area. In that incident, 28 workers died and 10 people survived with injuries. This event is known as the Big Gossan tunnel collapse tragedy and this event is the largest accident disaster in Indonesia. (Cf. Report of the Monitoring Team of the National Human Rights Commission of the Republic of Indonesia regarding the collapse of PT. Freeport Indonesia's Big Gossan Tunnel on 14 May 2013, Page 2).

The above disaster continues to befall PT. In the past 20 years, Freeport has never had an independent investigation conducted by an international institution that has the legitimacy to carry out investigations. The governments of Indonesia and the United States as well as countries that have shares in this company have never given strict sanctions for negligence in providing life insurance for workers and the surrounding Amungme community.

2. Crime of Ecocide

Many leaders and former leaders of countries have debated and agreed to an agreement on saving the ecology of this planet Earth. Indonesia hosted the United Nations (UN) Climate Change Conference in December 2007. The conference was held at the International Covention Center Denpasar Bali. This meeting is a follow-up meeting to discuss the preparations of countries in the world to reduce the effects of greenhouse gases after the Kyoto protocol expires in 2012. 

This conference, which was held by the UN body, the United Nations Framework Convention Climate Change (UNFCC), was the 13th time and was attended by around nine thousand participants from 186 countries. In addition there are around three hundred International Non-Governmental Organizations involved. This international conference was covered by more than three hundred international media with more than a thousand journalists.

World leaders and the Indonesian government talk about changes in temperature on this planet Earth, without taking real action regarding the destruction of the environment, mountains, water and entire ecosystems carried out by PT. Freeport massively, systematically and mercilessly in Tembagapura, Timika, West Papua. Based on the facts in the last 40 years, it has been shown clearly that there is a humanitarian disaster and an ecological disaster in Tanah Amungsa and Bumi Kamoro Timika by PT. Freeport.

One of the facts about Freeport's ecological disaster is that the modified Ajkwa deposition area (ModADA) on the banks of the Ajkwa River, Mimika Regency, Papua, is no longer able to accommodate sand sediment left over from mining.

On April 2 2017, the Mining Advocacy Network (JATAM) suspected that pollution was not only occurring in the Ajkwa River, but also in five other rivers in Mimika.

As an illustration, said Jatam Campaign Coordinator Melky Nahar, the production of 1 gram of gold produces 2.1 tons of waste material and 5.8 kilograms of toxic emissions in the form of heavy metals, lead, arsenic, mercury and cyanide. "You can imagine the water damage that occurred."

On March 13 2018, the Director of Complaints, Supervision and Administrative Sanctions at the Ministry of Environment, Yazid Nurhuda, confirmed to Tempo that "Since 2017, we have started carrying out monitoring. From these results, 47 violations were found which were grouped into certain sections." 

From the same agency, the Director General of Forestry Planning and Environmental Management at the Ministry of Forestry, San Afri Awang, said that deposits of mining sand (sediment) had overflowed into rivers, forests and estuaries. According to Awang, this is something that has not been summarized in Freeport's environmental files. “The impact is everywhere. "There must be an addendum to the Amdal because it goes beyond the scope of the area that has been approved."

The Supreme Audit Agency (BPK) considers that Freeport's mining exploitation in Timika, West Papua, has damaged the environment due to spills of mining residue. The extension of the embankment and changes to the waste utilization scheme also do not have environmental permits. As a result, the potential environmental losses incurred reach IDR 185 trillion. 

The BPK also assesses that PT Freeport Indonesia's mining activities have damaged the environment. Based on field inspections and satellite imagery, Freeport's mining waste is overflowing from upstream of the river to the sea. Waste also spreads to other river basins on the coast of Mimika Regency, Papua. "The forest is gone, the river is no longer there. The fishermen who live there have been affected. Why is this allowed to happen?" 

The Chairman of Commission VIII DPR RI, Saleh Partaonan Daulay, emphasized the same thing. He urged PT Freeport to pay more serious attention to the ecosystem in their mining area. It is hoped that mining that will continue will not damage the environment. Because environmental damage can cause disasters that are detrimental to all parties.

A. PT Freeport Indonesia Profile 

a. Area: 230 hectares.

b. Location: 120 kilometers from the beach.

c. Length of embankment: West 54 kilometers and east 55 kilometers.

d. Water capacity: 36.6 million cubic meters of water per year

e. Sediment capacity: 230 thousand tons per day

B. Alleged violation

a. There is a tailings deposit coming out of ModADA.

b. Freeport does not yet have environmental permits regarding the impact of changes in tailings utilization methods on aquatic biota.

c. Addition of embankment length to ModADA

C. Ecosystem value sacrificed by region

a. ModADA: IDR 10,706,969,394,593

b. Estuary: IDR 8,211,764,892,242

c. Sea: IDR 166,099,643,700,642

d. Total: Rp 185,018,377,987,478

D. Other suspected areas of contamination

a. Aghawagon River

b. Otomona/Otomona River

c. Minajerwi River

d. Sungai Aimoe

e. Tipuka River

Apart from the 5 large rivers which are thought to be polluted, according to facts found in the field there are many small rivers which are polluted. 

This river flows from the Amungme tribe community area to the south of the Kamoro tribe's living area, Timika Regency, West Papua. Below we list 110 times that are suspected of being contaminated by Freeport sewage flowing from 24 villages in the Tembagapura District which are in the Amungme Tribe community. Below we summarize 110 times in 24 villages in Tembagapura District:

There are 7 Villages: 

Waa, Bewilawak, Doliningokin, Beanekogom, Jongkogoma, Miniponogoma and Nosolanop villages. 

In these 7 villages, 27 times: Wanogon named Kali & Wanogoma dem or Tega dana Wanagon, Kuaro Wil, Tagaro wil, Hagap ogo ung, Oragamao kini, Uhi nogo ung, Kalogoponogo ung, Utekinogo ung, Nikailoni, Nepkailoni, Mulkinogo ung, Kawi kinogo ung, Damune-tulogoung, Kemehil nogoung, Bantok goung, Ema-tomowil, Anipon nogoung, Entawar nogoung, Wani, Komki nogoung, Komplik ogoung, Mea wonemo nogoung/kali kopi, Ogoltanipo nogoung, Kul-wulli, Amut ogoung, Jewek ogoung and Awal tawarma nogoung.

The Agap Ogoung and Wanogoung rivers are polluted into other rivers and flow from Tembagapura to Timika which is called Wanogoung or Otomona.

66 times flowing from the villages above Waa, Bewilawak, Doliningokin, Beanekogom, Jongkogoma, Miniponogoma and Nosolanop village.

Here are the 66 names of the rivers: Hilamao nogong, Nemtaro nogoung, Uk-in utekia, Komki nogoung, Nosola nogoung, Jekeroki nogoung, Jani, Uyalema nogoung, Woep ogoung, Utapamo nogoung, Akalma nogoung, Amarbo nogoung, Tarama nogoung, Nigip-nigip onogoung, Kolamul ogoung, Hono-goung, Tongma nogoung, Wawu nogoung, Meilparki nogoung.

Toga nogoung, Kalogopo nogoung, Hiom ogoung, Etal ogoung, Dun nogoung, Inopo nogoung, Ding ogoung, Buruk ogoung, Akogul ogoung, Kelo goung/kelangin, Konma nogoung, Dekgok koma nogoung, Alar palarki nogoung.

Then Atuagamoki nogoung, Bemogoung, Awungki nogoung, Tsingo goung, Meluk ogoung, Amekagamki nogoung, Dingma nogoung, Tarama nogoung, Hurni are, Magakam wilki, Domogoung, Beanogoung, Nemao nogoung, Ensawar ogoung, Kalbug nogoung, Kailtumki nogoung, Kemakini, Mag- ogoung, Minipo nogoung, Polma nogoung, Jongko goung, Nagalaki nogoung, Jipulogoung, Bengma nogoung, Iyom ogoung, Aganeweyoki nogoung, Me-hermongamo nogoung, Mingma nogoung, Nagul ogoung, Kaing ogoung, Kerawalma nogoung and Dilamul ogoung. 

The Beano-goung River is polluted into other rivers and Flowing into Timika is called the Tsingo-goung or Otakwa river

There are 6 villages/villages: 

Arwanop, Waa, Banti I Village, Banti II Village, Opitawak Village, Ombani Village, Aingokgin Village, Jagamin Village, and Baluni. 

The following 25 rivers flow from these 6 villages: Aroa-nogoung, Dupia-nogoung, Poel-ogoung, Jongkogoung, Nengkong-ogoung, Tanogoung, Kempamo-nogoung, Ulal-nogoung, Wab-nogoung, Uttarar-ogoung, Teh-nogoung, Bun-ogoung, Woung-ogoung, Omban-ogoung, Minipo-nogoung, Hotawar-ogoung, Simat-ogoung, Dagalin-onogoung, Wiwilin-ogoung, Anggait-ogoung, Mulelekia, Kanipoa, Suampiga, Umaha and Olaronomon and Olaro lake. This river in Timika is called the Ajkwa River.

3. Freeport tailings which damage people's lives

According to R. Hamsky's 2014 study, it shows that the company's presence can also lead to high disparities where Freeport fails to fulfill its promise to protect the welfare of the Amungme and Kamoro tribes, then tailings waste has damaged rivers and seas which then become a source of livelihood for the Kamoro tribe as fishermen. by moving to higher ground to farm and raise livestock. (Cf. Hamsky R: The Impact of PT Freeport's Operations on the Kamoro Tribe, eJurnal of International Science Relations, 2014, 2 (2), 411426, ejurnal.hi.fisib.unmul.org)

Environmental impacts, Freeport's mining waste (talling) dumped in the river system has so far caused:

1. The death of the ecosystem around the mining site, such as pollution of surrounding wildlife which is exposed to heavy metals, 

2. The function of the Aijkwa, Wanagon and Otomona rivers has stopped, because the river bodies are filled with piles of tailing rock waste from the extraction of dangerous chemicals which has resulted in the destruction of freshwater life.

3. Apart from that, the impact of tailings waste so far is known, it is very dangerous for the lives of surrounding communities, such as the Kamoro tribe who depend on the Aijkwa river estuary, around 60% of the water is used for drinking and 95% of the water is used for washing.

4. The impact of heavy metals on the health of the Kamoro tribe is known to cause inflammation of the lining of the brain (meningitis), which results in the death of Kamoro babies, 

5. Damage to the digestive nervous system, reproductive disorders, problems with breathing, lungs, eyes, cataracts, then reduced life expectancy and diarrhea.

6. Apart from that, the problem of polluted environmental conditions causes other health problems, Polio, DHF, Allergies, ISPA, Flu and is categorized as a type of disease that is influenced by environmental factors due to heavy metal contamination of tailings.

Wanagon River, is one of the rivers used by PT. Freeport to dispose of tailings waste. Tailings waste is disposed of at a volume of 200-300 tons/day, while the increase of 70 tons of tailings per week causes accumulation in river bodies and the sea. The tailings contain heavy metals consisting of: Selenium (Se), Arsenic (As), Zinc (Zn), Manganese (Mn), Copper (Cu) and others. Empirically, the levels of this heavy metal have exceeded the scientific threshold (phytotoxicity).

Based on empirical evidence, it is known that several organisms contaminated with toxic heavy metals consist of:

1. For shrimp larvae (Caridinasp), Adult River Shrimp (Macrobrachium rossenbergii), 

2. Minnow fish and larvae (Cibrinodon variegatus and Phimephales promelas), 

3. River algae (chlorella), embryos and larvae of rain bowfish (melanotaenia sp ledida),

4. Invertebrates (gammarus and Nassarius sp)

Meanwhile, plants contaminated with heavy metals consist of 15 types of plants; Celery, mustard greens, red and green spinach, kale, beans, jicama, potatoes, cassava, taro, rice, cucumbers, green cucumbers, cucumbers and cabbage have been proven to contain 5-6% heavy metals.

The presence of heavy metals can cause the death of aquatic and terrestrial organisms with an average death rate of 50%, namely fish, shrimp and other aquatic biota, while the impact on terrestrial organisms, namely mangrove forests, sago and land plants, experience drought and death.

Apart from that, the impact on human life shows the health impacts that have been known so far, namely the accumulation of heavy metals containing heavy metal elements exceeding the threshold value causing symptoms of chronic poisoning in the human body in the form of intestinal irritation, nerve and cell damage. 

From the results of interviews and findings in the field, it shows that the impact of the accumulation of heavy metals has caused damage to human organs, such as intestinal damage, liver damage, irritation, nerve damage. If it is exceeded, it will cause paralysis and death. From 1977-2012, 1000 people died due to dangerous toxic waste from PT. Freeport that accumulates in the body. (Cf. Januaryus Wakerkwa: The Impact of PT Freeport Papua's Tailings Waste Disposal on Social Life in Waa Village, Tembagapura District, Mimika Regency, Page 6), 2012.

4. Freeport Operations and Melting Ice in Cartenz

Mounts Nemangkawi, Ersberg and Grasberg which were once covered in eternal snow due to mining exploitation have had an impact on the snow melting.   

Lonnie Thompson, a senior researcher from Ohio State's Byrd Polar research center, who is also a professor from the School of Earth Sciences and a geologist from Ohio State University estimates that the glaciers in the Puncak Jaya mountains, Papua, are in danger of disappearing due to melting. The snow in the mountains is melting due to global warming. "It is estimated that the ice will last several more years."  

Thompson took three ice core samples from the Puncak Jaya Mountains. The research, which is the result of collaboration between the National Science Foundation, the mining company Freeport, and the Meteorology, Climatology and Geophysics Agency (BMKG), drilled ice cores located in Puncak Jaya at a height of 16 thousand feet, into three bedrocks. The first ice is 30 meters long, the second ice is 32 meters long and the third ice is 26 meters long.

From this review it can be concluded that the fact that ecocide is occurring in the PT concession area. Freeport. The Papuan people and the international community are united to demand an end to the ecocide process taking place in West Papua. 

*To be continued, fourth part, includes Freeport and political conflict in West Papua.

By Markus Haluk

ULMWP Executive Secretary

Author:

1. Suing Freeport for the Way to Resolve the Papua Conflict (2015).

2. Crimes against Humanity, Freeport Ecological Crimes and Human Rights Violations Degeuwo Paniai (2023)