PT KEM: COMMUNITY DEMANDS

Due to the problems described above, the community is fighting for its rights and makes the following demands of Rio Tinto:

A:    Compensation for land which has not been paid

1. We press Rio Tinto to measure the area of land from which people have been evicted and for which they have received no payment. These locations extend from the port at Jelmuq right along the PT KEM road: to Prampus, Nakan Dalam, Muara Baya', Gah Bujang, Gah Sombin, Gah Macan, Loa Tepu, Gah Ekong, Gunung Runcing, Gah Punan, Sungai Jiu and Linggau (Dam Namuk). This should be done with the community within 15 days (of the May 4th meeting).
2. The price paid for this land and the cumulative losses incurred by not being able to use it to support their livelihoods must be determined with the owners.
3. Payment should be made directly to landowners with no intermediaries or deductions and witnessed by their legal representatives.

B:    Land which was taken without fair payment

1. 1. Full payment should be made in cases where people were evicted from their land by PT KEM and payments were determined one-sidedly or as a result of direct or indirect pressure, including various irregular practices.
2. We press Rio Tinto to carry out a study and reassess the compensation paid to landowners for land which PT KEM took from them as described above.
3. The land study and reassessment of compensation should be carried out with the landowners and witnessed by their legal representatives.
4. The land study and reassessment of compensation should include the amount of the payments made, the losses which landowners have suffered and the income which they would have derived from their land had they not been evicted.

C:    The eviction of local miners

1. We press Rio Tinto to make a written statement acknowledging that local people have the right to prospect for the gold, which PT KEM is extracting at present, as they have done since mining began there in 1949.
2. Rio Tinto must take responsibility for depriving the local population of the right to prospect for the gold which PT KEM is currently extracting by sharing out the profits from PT KEM's mining.
3. The size of the share of the profits should be discussed directly with the community and their legal representatives.
4. This share of the profits is intended for community welfare fund to be controlled by an organisation identified and agreed in conjunction with the community.
5. We press Rio Tinto to meet its responsibilities in compensating local miners who have been evicted by PT KEM for their constructions at the mining locations and the losses they have suffered, including their daily income from the date of their eviction.
6. For this reason Rio Tinto should carry out a careful study and evaluation of the evicted miners' losses in conjunction with them and witnessed by their legal representative.
7. The extent of these losses should be the subject of discussion and agreement with community and their legal representatives.

D:    Air pollution from PT KEM traffic

1. We press Rio Tinto to surface the roads from Jelmuq to Tutung and from Tering to the junction with the Jelmuq road immediately.
2. Once the road has been surfaced, we press Rio Tinto to apologise directly to the people who have suffered from the dust caused by PT KEM traffic.
3. Rio Tinto should meet its responsibilities by providing health facilities which easily accessible and as cheap as possible for them to use.
4. People suffering from illnesses because of the dust from PT KEM's traffic should receive free medical care and compensation to be agreed with them.
5. We ask Rio Tinto to acknowledge openly to the community that the company is taking responsibility for the victims of the dust from PT KEM's traffic.
6. Rio Tinto must calculate compensation for crops which have died due to layers of dust from PT KEM's traffic. This should be agreed with the owners.

E:    PT KEM’s promises

1. Rio Tinto must fulfil the promises made by PT KEM (Allan Hock) about housing, clean water, electricity and 2 hectares of land for all the people evicted from Kampung Baru and its surroundings – a total of 444 families.
2. Rio Tinto's should meet these responsibilities by paying the compensation which PT KEM promised the victims.
3. The amount of compensation should be discussed directly between Rio Tinto and the people affected and witnessed by their legal representatives.

F:    Environmental problems

1. We press Rio Tinto to stop immediately all types of pollution of the Kelian river, its tributary the R. Baya' and the Nakan river. We want immediate action taken to restore these rivers to the condition they were before PT KEM's mining activities because they are currently badly polluted as shown by the large number of fish killed between April 2nd and 4th.
2. We press Rio Tinto to provide immediately drinking water facilities for all people living along the Kelian and several villages further from the river in Long Iram sub-district which use river water for their everyday needs.
3. We press Rio Tinto to fill in the areas excavated once its mine has closed and to reforest them with local species.
4. We press Rio Tinto to stop blaming local miners as the source of the pollution of the rivers since there are no grounds for these accusations.
5. We press Rio Tinto to hold open discussions with the community about current and future environmental management associated with the mine, including the treatment of waste at Dam Namuk, Nakan and Dam Gah Macan.
6. We ask Rio Tinto to take responsibility for the health care of victims of pollution of the Kelian river by paying all costs involved in curing them and making support payments to those disabled by drinking river water.
7. We press Rio Tinto to account to the community for re-directing the course of the Kelian river twice.

H:    Human rights violations

1. We press Rio Tinto to take responsibility for the interrogation, arrest and illegal imprisonment of fifteen people who carried out a demonstration against PT KEM in 1992.
2. Rio Tinto must take responsibility for the houses and shelters of miners burned and destroyed at Gah Ikong, Gunung Runcing and Loah Tepu in 1991.
3. Rio Tinto must take responsibility for the prospecting/mining equipment owned by ordinary people which has been smashed up since PT KEM started its mining operations.
4. Rio Tinto must take responsibility for the death in police custody of Edward Tarung at the Kutai station (where he was being held) for his part in the protest in 1992.
5. Rio Tinto must take responsibility for the forced eviction of Danial Paras' family when security forces fired on his house.
6. Rio Tinto must take responsibility for restricting the movements of people between Tutung and Gah Donggo or Magerang. People are stopped at the company's security post (Post 235) where they must leave their identity card, state where they are going given a limited time to go there and restricted in the amount of fuel they can carry.
7. Rio Tinto must take responsibility for accusing the people of Gah Donggo, Tuntung, Muara Buan, Batu Bidawang, Gah Sadiah and Kelian Dalam of stealing gold from PT KEM when the company's production falls off or when there are losses.
8. Rio Tinto must take responsibility for the accusations of communism levelled at the village head of Kelian Dalam and others who have continued to help the community demand their rights from PT KEM.
9. Rio Tinto must take responsibility for disturbing community burial sites at Loah Tepu, Nakan Dalam, Gah Mancan and Muara Nakan.
10. Rio Tinto must accept responsibility for the force used by security forces against the people of Tutung, including the Commandant of Teratai I (Darman) putting a pistol to Ridwan Kombong's head after he resented being accused of stealing gold from PT KEM.
11. Rio Tinto must explain the death of a man PT KEM's Dam Nakan (waste pond) disocvered by the people of Gah Donggo which gives cause for serious concern.
12. Because of the nature of Rio Tinto's responsibilities for the human rights violations which have taken place in PT KEM's (concession) area , talks to settle these issues must be held with the victims or their families in the presence of the legal representatives and the National Commission on Human Rights (KomnasHAM).

I:    Social responsibility

1. We press Rio Tinto to discuss with the community its social and economic responsibilities for those affected by the mine which it has so far ignored.
2. We press Rio Tinto to explain openly its plans to close the PT KEM mine and its social, economic and environmental responsibilities for the communities which have been affected by its mining operations.
3. We press Rio Tinto to provide for workers who are the victims of industrial accidents in PT KEM's mining operations. One of these is Hanafiah Soyo who still cannot work and will be disabled for the rest of his life, but has not received serious consideration from PT KEM.
4. We press Rio Tinto to take responsibility for paying the school fees of the victims of PT KEM's mining operations which have so far been ignored.
5. We press Rio Tinto to take responsibility for providing social facilities (sic) in villages affected by PT KEM in accordance with the wishes of the community and the relevant (government) authorities.
6. We press Rio Tinto to take responsibility for all the negative social impacts resulting from PT KEM's mining operations.

Ending:

These are our genuine demands to which we hope for a written reply from Rio Tinto in three days time counted from Monday 4th May 1998.

Tering, 25th April 1998

Signed by
1. Asmael
2. Elyanus Sombin
3. Imam Saleh
4. Talin Tiong
5. Yustinus Tena
6. Elyanus Sirai
7. H. Hanafiah
8. Mahran
9. Ridwan Kombong
10. Amirirudin
11. Kasim
12. M. Balok
13. Ujan
14. Pius Erick Nyompe