Ady Thea Dian Achmad, Andin Aditya Rahman
The cave-in tragedy at a mining site operated by PT. Freeport Indonesia (Freeport) at Big Gossan on 14 May 2013, resulted in the deaths of 28 people with an additional 10 people injured. The tragedy has been investigated by a number of institutions, including the National Committee on Human Rights (Komnas HAM).
During a press conference last Friday, Natalius Pigai, one of commissioners of Komnas HAM, explained that the legal basis for the Komnas HAM investigation is provided under Article 89 (3) of Law
No. 39 of 1999 on Human Rights (Human Rights Law).
Pursuant to the Human Rights Law, Komnas HAM organized and conducted meetings with Freeport’s board of directors and commissioners, the Chief of the Papua Regional Police Office, and the Ministry of Energy and Mineral Resources (ESDM).
Komnas HAM also examined the site of the accident, and examined related documents, such as the examination by ESDM, a report from the National Police, and Freeport’s response to the incident.
Based on the results of the investigation, Natalius confirmed that the incident was not caused by natural events, and concluded that there was a lack of supervision from ESDM on Freeport’s mining sites.
“In the Big Gossan cave-in incident there is sufficient preliminary evidence that Freeport is strongly suspected of displaying negligence or omissions that caused the death of 28 workers,” he further explained.
Komnas HAM subsequently issued several recommendations to relevant institutions. The first recommendation was sent to ESDM, calling for sanctions to be imposed on those supervising Freeport’s mining sites, the undertaking of an evaluation of Freeport’s work safety and health systems, and an increase in mining supervisory personnel at Freeport’s work areas.
Komnas HAM also recommended that Freeport impose sanctions on its Head of Mining Engineering, as well as Operational and Engineering Supervisors.
In addition, the recommendation demanded that every underground mining cavity be examined and installed with ground support in accordance with prevailing standards. The recommendation also called for Freeport to provide adequate tools for detecting rock movements, and improve their work safety and health systems.
“Freeport must also be entirely responsible for victims that died or were injured in the accident, including their families,” added Natalius.
Komnas HAM also recommended the Papua Regional Police Office follow-up Komnas HAM’s investigation on the cave-in incident.
According to Natalius, the investigation shows that Freeport violated the right to life of the workers that died in the cave-in incident pursuant to Articles 24 and 28 of the
1945 Constitution, and Articles 4 and 9 of the Human Rights Law, as well as Article 6 (1) of the International Covenant on Civil and Political Rights—ratified by Indonesia by Law
No. 12 of 2005.
“Freeport has carried out human rights violations with the Big Gossan cave-in incident,” Natalius declared.
These alleged human rights violations by Freeport will be presented to a human rights meeting under the auspices of the United Nations to be held next year, along with other results of the investigation conducted by Komnas HAM.
(hot/kc)