milieudefensie-rapport-walhi-j-lr

Grim Portraits of Bangka Belitung Grim Portraits Tin Mining Belitung of Bangka Tin Mining Demanding global, national and local responsibility to restore Bangka Belitung islands following negative tin mining impacts A publication by Friends of the Earth Indonesia 2014 (Wahana Lingkungan Hidup Indonesia (WALHI))

Acknowledgments WALHI would like to thank those listed below who have helped to complete this report on the impacts of mining activities in Bangka Belitung: Lien Rosalina; Zulkarnaen Daulay (Ministry of Environment); Purnomo (National Body for Nuclear Power – BATAN); Researcher at the Center for Radiation Safety and Metrology Technology (PTKMR – BATAN); fishermen in Rebo, Bangka Islands; Timer Manurung; and the Jakarta Globe.

Colophon A publication by Friends of the Earth Indonesia 2014 (Wahana Lingkungan Hidup Indonesia (WALHI)) In collaboration with Friends of the Earth Netherlands (Milieudefensie)

Written by Pius Ginting Ratno Budi Khalisah Khalid Edited by Evert Hassink Iris Maher Lay out and print by Ruparo, Amsterdam

Milieudefensie Milieudefensie/Friends of the Earth Netherlands Nieuwe Looiersstraat 31 1017 VA Amsterdam Phone: 020 5507 300 E-mail: service@milieudefensie.nl www.milieudefensie.nl

Grim Portraits of Bangka Belitung Tin Mining Demanding global, national and local responsibility to restore Bangka Belitung islands following negative tin mining impacts

3

Table of Contents Acknowledgments and colophon

2

Introduction

5

Tin Mines and Forests

7

Tin Mining Activities Causes Loses for Bangka Belitung

10

Offshore Mining and Destruction of Fisheries Area

12

Conflict: the Battle for Living Space

14

Failed Reclamation

14

Radiation Exposure

16

Children of Mining

19

Mining Accidents, Faceless Numbers

21

Global Responsibility, an Obligation

22

Concluding Remarks: Indonesia Needs to Save Bangka and Belitung Islands from the Tin Curse 24 Appendix: List of Mining Operations in Protected Forest Areas

4

26

Introduction Bangka Belitung is a province in Indonesia that consists of two main islands: Bangka and Belitung. It also includes other small islands such as Lepar, Pongok, Mendanau and Selat Nasik. In total, there are 470 islands in Bangka Belitung Province, of which only 50 are inhabited. All these islands are under threat from many large-scale sea mining activities.

The Bangka and Belitung Islands measure 1.6 million hectares (ha). Three-quarters of the area is under mining licence

by PT. Timah (Note: Mining Contract/KK – Mining License/ IUP of PT. Timah Tbk ends in 2025), PT. KobaTin, and other local mining companies whose numbers have fluctuated (see Map 1. Distribution Map of Land and Sea Mining in Bangka Belitung).

Each year, thousands of acres of local people’s agricultural land have been converted into mining area on the Bangka Belitung Islands. It only takes three months to convert 1 ha of land into a tin mining area for 15 to 20 groups of miners.

Each year 5,400 ha of Bangka Belitung land (forest, agricultural land, local people’s plantations) is converted into mining. This happens in every regency (district). This causes environmental destruction and other negative impacts arising from the conversion of land, including land degradation and area constriction for fishing areas. This has been

worsened by mining activities in the sea, which now commonly uses tin dredging and suction ships.

Living space for people is increasingly being reduced, since at least another 230,000 ha are occupied by large-scale oil palm plantation companies. So the remaining land for settlement and other sectors is no more than 300,000 ha.

Potential agrarian conflicts are likely to grow along with the reduced income of the community as a result of the impact of mining.

Because mining governance has been decentralised to the regions over the last 5 years, tin mining can now be accessed by local private businesses, and residents of Bangka Belitung have thus lost a productive area of ​​ 320,760 ha. This area is now being used to supply tin for global market.

Abandoned mining holes have made Bangka Belitung a province with some of the most degraded land in Indonesia and it is in very critical condition. Abandoned mines cover approximately 1,053,253.19 hectares or 64.12% of the land in Bangka Belitung. The worst destruction is on ​​ Bangka Island itself which has a surface area of 810,059.87 (76.91%) hectares. Most of the destruction is caused by tin mining operations abandoned by PT. Kobatin and PT.

Map 1. Distribution map of land and sea tin mining 5

Photo 1. Mine next to forested area (source: Milieudefensie)

Timah, as well as by the community’s unconventional mining. The damage has caused Bangka Belitung’s community to lose their opportunity to establish a sustainable economy, such as via agriculture and plantations.

These poor conditions are caused by the rampant operations of tin mining which do not have any clear rules. The situation on the ground proves that mining activity is not only conducted in stipulated mining areas (WP), but has also entered the forests and even residential communities.

The post-mining areas become very dangerous locations since they are not reclaimed and become a source of disease. Dangerous diseases from abandoned tin mines include dengue fever and malaria. On Bangka and Belitung, the endemic regions are Sungai Liat and Mendobarat for the highest levels of dengue hemorrhagic fever (DHF).

Bangka and Belitung’s Health Service data shows that the number of patients with dengue fever and malaria, which is caused by the spread of anopheles mosquitoes, has continued to increase each year since 2005.

Photo 2. Mine next to residence (source: Istimewa)

6

Tin Mines and Forests • • • • •

Mining activities are illegal in protected forests.

Tin mining companies commonly violate these laws.

More than 60% of forests are in a critical condition or worse.

The development of local products, like honey and rattan, has been forced to make way for mining.

Local people were self-sufficient before tin mining took over.

Under Indonesian law1, it is illegal to conduct any mining activities in conservation forests, and all open-pit mining activities are prohibited in protected forests. However, these laws are violated by tin mining companies.

Forest type Conservation Forest

Surface area (Ha)

Units

3,246.65

7

Protected Forest

29,806.96

44

Production Forest

125,223.06

70

Table 1. Mines in forested areas (source: Directorate General Planology of Forestry Ministry, 2014)

Unfortunately, the PT. Timah Company, as a state-owned enterprise, has also entered the conservation area, and has even engaged in tin production in these areas, as shown in the table on the next page.

In addition, most tin mining activities on Bangka Island use open pit exploration methods. This is why mining activities in protected forest areas should be prohibited. But in reality, 44 mining companies are operating in the ​​protected forest areas in Bangka Belitung Province (Appendix 1).

Of the 657,510 hectares of forested area stipulated by the Minister of Forestry by Decree No. 35 /Menhut-II/04, only 28% remain in good condition, while 60% are in a very critical or critical condition, and 12% in a rather critical condition. Approximately 70% of mangrove protected forests on Bangka and Belitung Islands have now been lost or damaged due to mining activities and the conversion of land for

Map 1. Protected forests, conservation forests and tin mines.

1 Laws include: Law No. 5/1990, on natural biodiversity conservation and ecosystem, and Law No. 41/1999 on forestry.

7

TYPE OF ACTIVITIES/ STATUS

NO.

NAME OF COMPANY

REGENCY

SURFACE (HA)

PRODUCTION OPERATION 1

Formally ­compliant (C&C)

Non compliant or illegal (Non C&C)

2

SERUMPUN SEBALAI

TIMAH (PERSERO) TBK

BANGKA TENGAH

0.95

BANGKA

125.91

BANGKA BARAT

828.81

BANGKA TENGAH

790.39

LINTAS KABUPATEN

352.81

TOTAL

2,097.91 2,098.86

C&C Total

3

BUYUNG

BANGKA BARAT

0.02

4

SEIRAMA TIN INVESTMENT

BELITUNG

6.74

5

SERUMPUN SEBALAI

BANGKA TENGAH

0.95

BANGKA

6

TIMAH (PERSERO) TBK

573.62

BANGKA BARAT

66.17

BANGKA SELATAN

164.1

BANGKA TENGAH

299.43

TOTAL

1,103.31

NON C&C Total

1,111.03 3,209.89

TOTAL PRODUCTION OPERATION SURVEY/EXPLORATION NON C&C

7

BOKSIT BANGKA SEJATI

BANGKA

TOTAL

Table 2. Companies operating within conservation forests C&C stands for Certification Clear & Clean, which indicates that the mine is according to regulations as far as the ministry of forestry is concerned. (source: Directorate General Planology ESDM 2014)

8

36.76 3,246.65

Photo 3. Pepper plants, producing Muntok white pepper (source: Walhi)

oil palm plantations. If this continues the remaining 28% of the forested area will also be degraded.

Meranti-merantian types of wood, timber poles, firewood, pillars (poles), sahang/pepper and logs are produced by the Bangka and Belitung forests. Meranti wood, Membalong, Mendaru and Kerengas from the Bangka and Belitung Islands are first-class quality wood.

The relatively flat topography and the density of soil has contributed to the intensification of the forest harvesting on the islands, as it allows timber trucks easy access to the woods.

The Bangka and Belitung forests are included in the category of secondary forest with wood diameters up to 30 cm. Potential forest support products are natural honey and rattan. Bangka Belitung is famous for its bitter honey, which is exclusive to the area and very good for health. Bitter honey results from natural honey bee extraction from flowering trees in the forest, such as Pelawan and Meranti.

The potential for these forest support products has not yet been developed, so sales are still limited to the local market. The potential of rattan on the Bangka and Belitung Islands is also very large; due to the relatively high rainfall, plants of the tropical rainforest, such as rattan, grow quickly. But unfortunately, rattan production has dropped dramatically due to the conversion of land for mining and plantations.

Long before tin mining became popular among the people of Bangka and Belitung, the community enjoyed a relatively sufficient level of welfare, the village farmers in particular.

Moreover, food security was also ensured for generations of peasants in every village of Bangka Belitung province.

Before the pepper farms and rubber plantations had been developed, small-holder peasants utilised planting land for rice paddies (huma or be hume in the local language), as well as other farming, either in groups with shifting-field patterns, or individually.

But changing the mode of production from farming to mining has damaged the functioning of natural resources for sustainable agriculture.

Since 1971, tin mining on Bangka and Belitung Islands has been controlled by two companies, based on Law No. 11/1967: PT. Timah and PT. Kobatin. A second Contract of Work (locally called Kontrak Karya/KK) was guaranteed to both companies for 30 years and was extended from 2003 to 2013. Bangka Belitung and Singkep Island were controlled by PT. Timah (SOEs), while the southern region of Bangka was controlled by PT. Kobatin.

Decentralisation has increased the number of companies operating on the islands, and there are currently 75 owners of a Mining Authority (KP) and over 1,000 IUP Exploration/ Exploitation and Production permits are held by 54 mining companies and smelters.

Before uncontrolled massive tin mining activities took over Bangka and Belitung Islands in the last decade, they were known as a producer of white Muntok pepper, which contributed substantially to the economy of the community.

9

Tin Mining Activities Cause Losses for Bangka Belitung • • • •

The costs of mining outweigh the benefits, for both people and nature.

Healthcare costs are higher due to mining.

Community expenditures for drinking water are higher.

Funds must be budgeted for re-vegetation following mining.

Mining activities on the Bangka and Belitung Islands have brought ecological and health costs that are far greater than the benefits received. Based on research conducted by the Indonesian Ministry of Environment (2013), the overall contribution of tin mining in two regencies, West Bangka and East Belitung, was even found to be negative.

This is evident in the following table: Mining ­Districts

NPV_Use (NPV OP – NPV NC)

NPV_Operational (IDR)

NPV_Natural Capital (IDR)

Use Value (IDR)

Bangka Barat

12,102,457,903,347

348,155,236,596,176

-336,052,778,692,829

<

Belitung Timur

-5,231,313,490,006

56,181,302,813,870

-61,412,616,303,876

<

Table 4. The loss of use value from mining activities (source: KLH 2013) Based on the data, the West Bangka Regency experienced a loss of IDR 336 trillion and the East Belitung Islands suffered a loss of IDR 61 trillion from the presence of tin mining. Such a big loss was caused by healthcare costs, the costs for drinking water, and the budget for implementation and maintenance of re-vegetation, as partly shown in the following table for the West Bangka Regency.

Aspect Measured Health care costs as a result of tin mining activities (respiratory infections, bronchitis, malaria, infections, etc.)

Year 2007 (IDR)

Year 2012 (IDR)

35,927,511,513

30,000,000,000

410,000,000

42,000,000

Budgets to overcome the decline of non-mining natural resources productivity (agriculture, plantations, forestry, fisheries)

-

500,000,000,000

Biodiversity conservation maintenance budget through revegetation activities

-

76,000,000,000

The cost of community expenditure for water

10

Map 2. Watersheds and tin mines in West Bangka (source: KLH)

Map 3. Watersheds and tin mines in East Belitung (source: KLH 2013)

11

Offshore Mining and Destruction of Fisheries Area • • • • •

Mining activities at sea are increasing.

Former fishers turn to mining as fish stocks decline.

Dredging and suction ships cause serious environmental damage.

Tin mining also causes sedimentation, a leading cause of the death of coral reefs.

More than 50% of coral reefs on Bangka Island are damaged.

Since land on Bangka and Belitung Islands is eroding, the world’s high demand for tin is causing companies to switch their mining activities from land to sea by using dredging and suction ships. For example, since 2006 PT. Timah has shifted its mining activities to focus on offshore mining, even though it started the activities long ago, in 1995, with a dredger. By cooperating with third parties (partners), PT. Timah operates around 38 dredging ships. These ships were previously used in Phuket, Thailand.

This has caused widespread destruction of the marine environment to increase. Since this has caused reduced fish catches, some fishermen have switched over to tin mining at sea. Fishermen have converted their PK 22-24 powerboats for tin hunting. At least 100 boats are now operating in the waters of Bangka and Belitung, mostly from the fishing village of Sungai Liat.

The communities of Bangka and Belitung Islands worry about the negative impacts of suction ship operation, particularly in the coastal areas. A total of 45,000 fisher families (representing 16,000 daily fishing activities, within a proximity of five miles) could lose their livelihoods. They

now have to deal with 80 suction ships (KIP) owned by mining companies.

In addition to damaging seabed ecosystems, tin ore exploitation causes a great deal of sedimentation. Since waves move dynamically, this sedimentation can spread throughout the waters of Bangka and Belitung and the surrounding areas. Sedimentation is a cause of coral bleaching which results in the death of coral reefs. These coral reefs are an important component of the marine ecosystem and are vital to the continuity of the chain or pyramid of marine life. Associated disruptions to marine ecosystems include oil spills, and oil or other chemicals, including waste products from the tin suction ships.

Research and observations conducted by the Coral Reef Exploration Team of the University of Bangka Belitung Islands found that coral reef ecosystems on Bangka Island are not in good condition, except those that are far from the main island of Bangka. The destruction is varied, ranging from the decline of living coral cover to accumulated severe sedimentation which causes loss to ecosystems. More than 50% of coral reefs on Bangka Island have now been damaged.

Photo 4. Bangka fishermen work together to push their boat into the sea (Source: Milieudefensie)

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Photo 4. A tin suction ship dumping sedimentation (source: Milieudefensie / Marten van Dijl)

Many of the worldâ&#x20AC;&#x2122;s coral reefs can be found in the Bangka Belitung Coastal Area (source: T.C. Jennerjahn / Earth-Science Reviews 114)

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Conflict: the Battle for Living Space â&#x20AC;˘ Mining companies and communities frequently clash. â&#x20AC;˘ Increasing marine and coastal permits threaten traditional fishing areas.

Tin mining does more than damage the environment; it also causes conflicts between communities and mining companies. From 2006 to 2011 there have been at least 12 conflicts between fishermen and mining companies.

On Bangka, for example, coastal fishermen clashed with marine mining companies in Rajik Permis, Penagan Village, Belinyu Zone-Pesaren Batu Asap and Penyusuk, Belo Laut, and Penganak-Limau Gulf in District Jebus.

One of the causes of conflict is the increasing number of tin mining companies that have been granted permission or IUP permits in coastal and marine areas, which have evidently threatened the traditional fishing areas of Bangka Island.

The following are cases of mining conflicts from 2011 to 2013 on Bangka and Belitung Islands:

1. Bangka Regency a.

b. c. d. e. f. g.

h.

Private suction ship (KIP) companies vs. Bubus communities, Penyusuk, Batu Atap 2 Pesaren.

PT. Timah.tbk (7 suction ships) vs. the communities of Matras, Batu Bedaun, Kualo, Jalan Laut, Kampung Nelayan II, Rambak, Teluk Uber, Tanjung Pesona, Rebuk and Kenanga fishermen.

PT. Timah.tbk vs. Desa Mapur communities KIP Mutiara I & II vs. Penagan Village communities CV. Indo Metal vs. Petaling Village communities CV. Calista vs. Jalan Laut Village communities PT. Sinar Loginda Alam (2 suction ships: Selamat and Octopus) vs. Deniang Village, Dusun Air Antu communities PT. Pulo Mas Sentosa (offshore tin mining company and extractive material category C/ Sands) clashed with thousands in the fishing communities of Sungaiiat (2013).

2. West Bangka Regency a. b.

14

Suction ship vs. Belo Laut communities Suction ships (Sarana Marinda, Arga Prima,

c.

Bangka and Belitung Tin Indo) vs. Rambat village communities PT. Timah.tbk (Suction ships: Phuket, Asia I, dll) vs. Cupat Village communities and Teluk Limau Village.

3. Central Bangka Regency a. b.

PT. Kobatin vs. Berok Village communities Berkah Alam Samudra suction ship vs. Batu Belubang, Tanjung Burung communities.

a.

Suction ship and reclamation clash with the communities of Ampui, Ketapang, Air Itam and Sinar Bulan.

Operational plan of a suction ship owned by PT. Tinindo Internsa at a tourist area in Pasir Padi (2013)

4. Pangkalpinang Regency

b.

5. South Bangka Regency a.

b. c.

PT. Timah.tbk and a private suction ship vs. Rajik and Permis Village communities TI Apung vs. Batu Perahu and Toboali communities PT. Tambang Timah vs. Bencah village communities

6. Belitung Regency a. b. c.

d.

PT. MMM (sea reclamation/Dolphin Island) vs.

Tanjung Pandan Air Sagak, Air Serbuk to Batu Itam communities.

Private employer TI Rajuk vs. Badau village communities Suction ship PT. BHP vs. Membalong village communities PT. Pamin Kanaam Tambang Bauksit vs. Selat Nasik communities

7. East Belitung Regency a.

Suction ship PT. Timah.tbk on Oliver Sea vs.

Belitung communities

Failed Reclamation â&#x20AC;˘ Most attempts at reclamation after mining have failed. â&#x20AC;˘ The government needs to take steps to ensure more reclamation takes place.

Most of the reclamation attempts on the Bangka and Belitung Islands to repair the damage left by tin mining have failed. For example, the Department of Mines and Energy of Bangka Belitung Province noted that the realisation of replanting for reclamation activities by PT. Timah was only 12.58% in 2010; it was thus a failure in term of scope.

Evaluation of reclamation results of PT. Timah in 20102 Planned land reclamation area

1,597.82 ha

(100%)

Realised land area levelledup

593.22 ha

(37.13 %)

Realised land area replanted

201.04 ha

(12.58 %)

Despite this failure, no efforts have been made by the government, such as imposing sanctions on the company involved. The system of reclamation funds in which mining companies have to deposit money for reclamation after finishing mining operation has scarcely changed. Reclamation funds and enforcement of reclamation according to standards has been minimal. If thereâ&#x20AC;&#x2122;s no enforcement, this can be said to be a shortcoming of the government. Allowing these failures to continue is the same as committing an environmental crime, as stipulated in Law No. 32/2009.

A report from the Department of Mines and Energy of Bangka Belitung Province stated that the failure in reclamation implementation by PT Timah in 2010 was due to the following:

1. No land was restructured after being levelled up, causing erosion on most parts of the land. There was neither an erosion control line nor water control channel. In many places we could easily find pieces of land that had not been levelled, which made it difficult to access, maintain or monitor it.

2. The health quality of plants was categorically poor.

Reclamation failure has become a classic problem, which is not only due to the presence of unconventional tin miners.

In 2007 it was noted that reclamation was supposed to cover 19,207.15 ha, but only 8,662.20 ha or 45.10% has been realised. The remaining 10,544.95 ha has still not been reclaimed, which is still an issue today3.

2 The reclamation results of monitoring activities of PT Tambang Timah, Department of Mines and Energy of Bangka-Belitung Province budget year 2009, 2010, and 2011.

3 State Audit Board Examination Results 2007

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Radiation Exposure • • • • •

The level of radioactivity on Bangka and Belitung is naturally high.

Tin workers have increased exposure to radioactivity and face higher health risks.

Levels of Tubercoloses and other respiratory diseases are high on Bangka Island.

Smelting activities also increase radiation exposure.

Community health education and preventative measures should be increased.

Bangka and Belitung have a higher natural radioactivity than most places in Indonesia. This natural radioactivity is known as NORM (Natural Occurring Radioactive Material), which by itself could lead to the surrounding nature and humans being exposed to higher radiation.

Results from measuring the environmental gamma rate radiation dosage at 29 locations in the Bangka Island region varied from 39.00 ± 12.57 NSv / h (NanoSievert per hour) to 291.52 ± 34.14 NSv / h with an average value of 128.

43 ± 21.87 NSv / h4. In general, the level of gamma radiation in the region is higher than in most areas of Java, most areas of Sumatra, Borneo, Bali and Nusa Tenggara.

Based on the research conducted, levels of natural radiation on Bangka and Belitung Islands is quite high: 3-5 times higher than normal5. The particular radioactive gases are thoron (220 Rn) and radon (222 Rn). In the United States, radon, a natural source of radiation, is the second biggest cause of lung cancer.6 By working in the mining sector, miners are exposed to radiation and radioactive material in dust. Radiation exposure also potentially could occur in the surrounding community.

A researcher from BATAN said in an interview that the soil on Bangka and Belitung contained tin material having higher levels of radiation than soil from other areas. But if land is not exploited for tin, people are shielded from these higher levels of radiation.

4 Asep Setiawan, Wahyudi, Kusdiana, and Eko Pudjadi, Mapping of Gamma Acceleration Radiation Dose on Bangka Island, Center of Technology Safety and Radiation Metrology -BATAN, 2013.

5 Drs. Syarbaini, M. Sc, The Mapping of Radiation and Radioactivity, and Research on Environmental Safety in Higher Background and Industrial Area, Center of Safety Technology for Radiation Metrology, 5 November 2010 http://km.ristek.go.id/assets/files/112.pdf 6 http://www.epa.gov/radiation/sources/index.html

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Symptoms of lung cancer caused by radiation are similar to the symptoms of tuberculosis (TB) patients with pulmonary tuberculosis7. In 2000 and 2001 there were 336 cases recorded at Sungai Liat Hospital and Pangkal Pinang Hospital8. But the number continues to rise: in 2008 there were 1,149 outpatient cases of pulmonary TB recorded at Sungai Liat Hospital 9.

In 2011 the Department of Health of South Bangka noted that there were 161 cases of TB in South Bangka10 and the Health Department of West Bangka noted 203 cases in West Bangka.

In addition to mining activities in surrounding areas, the potential for radiation exposure can also occur from tin smelting plants. The Republic of Indonesia Audit Board (BPK) examination results in 2007 related to a smelter installation of PT Timah in Muntok noted, ‘The location of tailings in the stockyard is open which enables radiation exposure to surrounding locations with human activities at a distance of about 50 meters. In addition to the stockyard, the tailings storage area is also in an open space that allows radiation exposure. This is possible because the storage location is near the beach which has a fairly strong wind blowing radioactive dust toward the land where residential and office buildings are located.’

Drs. Syarbaini, M.Sc from Center of Safety Technology for Radiation Metrology, has suggested a study be made on the effects of high natural radiation to the community in the area. Especially, epidemiological studies in areas with high natural radiation is necessary. This research should involve various fields of medicine, public health impacts,

7 Assessment Report of the Regional Public Health at Tin Mine Areas of Bangka Regency, in Bangka Islands Province. Cooperation between Ministry of Health and WHO, in 2001-2002.

8 Assessment Report of the Regional Public Health at Tin Mine Areas of Bangka Regency, in Bangka Islands Province. Cooperation between Ministry of Health and WHO, in 2001-2002.

9 http://www.bangka.go.id/content.php?id_content=rsud 10 http://bangka.tribunnews.com/2012/04/09/161-warga-bangkaselatan-kena-tbc

Photo 5. Measuring acceleration of radiation (source: WALHI 2013)

Map 4. Radiation on Bangka and Belitung Islands is much higher compared to other islands in Indonesia (source: BATAN)

Map 5. Acceleration of radiation on Bangka and Belitung compared to Sumatera Island

17

Photo 6. A tin miner family (source: Milieudefensie)

radiation effects, as well as gamma dose measurement and radon concentrations to be performed over a continuous period of at least 3 months.

More research still needs to be done. But initial research has already shown that high levels of radioactive radiation are present on Bangka and Belitung Islands, and thus preventative measures are necessary as well as education to the community and miners living close to the open pit area.

Unfortunately, long-term epidemiological studies have not been conducted on the effects of radiation in Bangka and Belitung. Also, extensive warnings have not been given to the miners and their families, who pay little attention to the dangers of radiation on Bangka and Belitung Islands.

Children, with no understanding of healthy habits such as washing hands, are under increased danger of radiation exposure through the digestive tract.

18

Children of Mining • • • •

Children are especially vulnerable to exploitation from the tin industry.

Children living near the mines are exposed to high levels of radiation from an early age.

The school dropout rate is high in poor families and dropouts often go to work in tin mining.

Children’s rights should be the concern of all countries: Indonesian child protection ­legislation is based on the UN child protection convention.

In almost all practices and development of the world’s capitalistic economy, the most vulnerable groups will always be cast as victims in the whole story called development.

Vulnerable groups here are not only defined as affected groups, but also groups that do not ‘count’ or are marginalised in the decision-making process of development. Children are one of the vulnerable groups whose voice is never heard, neither by communities nor by the state or other actors outside the country. They have never been asked. It is as if their voices and thoughts concerning their life and future do not matter.

Many children of school age are involved in mining activities.

Being exposed to high levels of radiation from an early age is certainly dangerous for their health. In addition, the school dropout rate is quite high on Bangka and Belitung Islands.

School dropouts mostly go to work in tin mining activities.

The dropout rate for 13 to 15-year-olds in poor families is among the highest in the entire province. This was 43.4%,

based on 2007 data. The dropout rate for 7 to 12-year-olds was the second highest, 1.88% in 2007. For 13 to 15-yearolds that is 3.24%, and for 16 to 18-year-olds is 3.81%. The number of school dropouts remains a problem on Bangka and Belitung Islands.

Exploitation of natural resources, especially in the mining sector, has dragged children into exploitation as well. Conditions are certainly very alarming and it should be a concern of all countries to stop the exploitation of children for economic purposes, and especially when they are used for the benefit of the global market.

The UN Convention on the Rights of the Child has dealt with protecting children from a variety of activities, including economic activities, as stipulated in Articles 6, 28, 32 and 36. Article 32 firmly states that States Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or

Photo 7. A child miner on Bangka Island (source: Milieu­ defensie / Marten van Dijl)

19

to be harmful to the child’s health or physical, mental, spiritual, moral or social development.11 Protection for children’s rights can be found in Indonesian Law 23/2002 on the Protection of Children12. Articles related to these rights are based on principles set forth in the UN Convention, such as the right to life, survival and development, as well as appreciation and acknowledgment of children’s opinions. Children’s rights are also becoming an integral part of human rights. These include the rights of children to healthcare, the right to education, the right to be free from economic exploitation, the right to play and develop, the right to get protection from economic exploitation or any activities that threaten children’s development, and the right to be heard and consulted. The related articles also regulate liability and sanctions, as clearly stated in Article 90, for example, which deals with economic exploitation and states that corporations or corporate management can be prosecuted for crimes committed against children.

Children who work in mining areas are not only deprived from their right to education, but their right to play, an important element in children’s development and growth, has been taken away as well. The dropout rate is another problem that maintains the vicious circle that affects the child’s future and quality of life.

In one part of the world, exploitation of nature (which is tin mining in this regard) becomes a necessity in order to support the lifestyle of a small proportion of people. On this other side of the world, children are forced to experience layers of exploitation and violence in order to supply the world’s tin.

11 UN Convention on the Rights of the Child. Complete documents can be downloaded from http://www.ohchr.org/en/professionalinterest/pages/crc.aspx 12 Clauses that provide children’s rights protection contained in the Law 23/2002 on the Protection of Children that can be a reference to provide protection for children working in mining are found in Articles are 1, Article 2, Article 9, Article 10, Article 11 , and Chapter 20.

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Mining Accidents, Faceless Numbers • Many victims die in mining-related accidents due to a lack of concern for safety.

• The safety and occupational health of workers has not been an issue in the past.

• The government should take responsibility for the protection of its citizens.

In 2005-2006, 138 victims died as the result of work accidents involving hunting activities in tin mining pits. In 2012, 77 workers died on mining sites located on land, offshore or coastal areas. In 2014 we have counted 37 casualties until september. (Data WALHI, Bangka and Belitung / Doc. Rilis).

Each year an average of 50 to 100 people die on site. This is a dramatic figure, but it is considered as just part of the formula, a bad risk, an economic choice made to keep the global market wheels turning. However, these numbers have faces; they represent real people.

on employment; and other government regulations such as Governmental Regulation No. 13/1973 on the organisation and supervision of work safety in mining areas.13 Unfortunately, most mining accidents occur in unconventional mines, which is why the risks must be borne by individual miners. However, it should always be the responsibility of the State to provide protection for its citizens.

Photo 8. Suge, a tin miner in Bangka Selamat injured in a mining accident (source: Friends of the Earth UK) The figures on mining accidents occurring in Bangka and Belitung show that the safety and health of the miners have never been an issue. Safety indicates a condition that is free from the risk of suffering, damage or loss in the workplace. Occupational health seeks to prevent diseases caused by tailings or companies’ production activities.

Occupational health seeks to keep workers/community workers free from various diseases caused by a wide variety of jobs and work environmental factors.

The laws governing the provision of work-related safety and health, among others, are Law No. 1/1970 on job security, Law No. 23/1992 on health, Law No. 13/2003

13 http://180.250.210.164/ap/modulap/budaya-kerja-keamanankeselamatan-dan-kesehatan-kerja3.pdf

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Global Responsibility, an Obligation • One-third of the world’s tin comes from Indonesia; 90% of that tin comes from Bangka Belitung.

• Global users of tin should share responsibility for the destruction it causes.

• The business sector must be held accountable for human rights protection.

• UN principles should be applied to protect communities from bad business practices.

• States must take an active role in setting regulations and adopting policies to protect people and nature.

To produce the 5.6 billion mobile phones in the world today approximately 39,200 tons of tin solder has been used.

One-third of the raw materials required come from Bangka Belitung.

Since a third of the world’s tin comes from Indonesia (and 90% of that from the Bangka Belitung Islands), tin derived from Bangka is found in electronic products throughout the world. Thus, global industry users of tin from Bangka Belitung should take responsibility for the environmental destruction caused by its use.

The business sector must also be held responsible for human rights protection. Human rights instruments are no longer only the obligation of countries. In the discourse on human rights, business and its obligation for the enforcement of human rights has actually already begun. In con-

ducting their business, companies and other non-State actors should not damage environment or accept bribes, especially in cases of human rights violations.

The UN has issued guiding principles on business and human rights, as those written by John Ruggie on the implementation of a UN ‘Protect, Respect and Remedy’ framework. This guide was written in concern for expanding business practices that potentially worsen conditions for people and the environment. On the other hand, the power of states to protect the community against the threats of business expansion seems to be weakening.

This guide points out three concerns: first, the question of state protection from bad business practices against individuals or groups of people; second, the legal liability of enterprises and business groups to respect communi-

Map 6 Tin mining prohibition region suggested by WALHI

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Photo 9. Bangka Belitung people’s protest against the regional government which granted licenses for tin mining activities.

ties’ rights; and third, restoring the rights and conditions caused by bad business practices.14 According to Ruggie’s principles, in addition to the pursuit of profit, business activities ought to attempt to elevate people and their purchasing power (increase their wellbeing) without discrimination, harm or loss. Welfare protection categories include: to provide legal security and guarantee court assistance, protection for communities, residences, and working territories from threats by other exploitative parties, as well as security and protection from violence.

From the above description, responsibility on Bangka Belitung can be taken by: • Working on the restoration of areas that have been devastated, by improving land and marine areas that have been damaged.

• Ensuring that no tin or material is used that comes from regions of conflict with communities (farmers, fishermen, local residents), or where human rights are violated, including the rights of children.

• Not using any tin or materials derived from the sea or other protected areas, such as conservation areas.

• Ensuring that the tin used does not come from mining activities which endanger the lives and health of the miners.

• Encouraging the use of tin from recycling processes.

In this context, non-State actors in the business sector can be seen as one of the actors that have committed violations against human rights. The State must take an active role to prosecute environmental crimes committed by nonState actors and take responsibility for humanity, as part of its responsibility to respect, to fulfil, and to protect human rights both today and for generations to come. Taking an active role includes setting regulations or adopting policies that can ensure the reduction of destructive forces that would threaten the environment and lives of its citizens.

Therefore, in addition to encouraging the efforts above, the government needs to set production and export quotas of tin in accordance with the environmental carrying capacity of the Bangka Belitung Islands.

14 Cited in an article by Haris Azhar, tittled Business and Human Rights, published by Kompas daily newspaper.

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Concluding remarks: Indonesia Needs to Save Bangka and Belitung Islands from the Tin Curse 15

The world depends on tin from Bangka and Belitung.

These two Indonesian islands provide a third of the tin available on the world market. And tin is everywhere nowadays: without Indonesian tin, people around the world would not be able to enjoy their electronic gadgets.

Bangka and Belitung have long played a key role in global tin production: Vincent Gildemeester van Tuyll van Serooskerken and John Francis Loudon founded the NV Billiton Maatschappij in the 1850s, after realising how rich the tin deposits on Billiton Island (Belitung) were. After the war of independence against the Dutch, Indonesia took over the company’s activities on Bangka and Belitung. Decades later, the Billiton International Metals Company merged into BHP Billiton, which is currently the largest mining company in the world.

Resource curse Indonesia still is a proud supplier of tin, a resource that is only becoming more important in modern life. Unfortunately, however, there is less reason to be proud of the way this tin is being mined.

The beautiful Bangka and Belitung Islands are currently being transformed from a prime tourist destination into a wasteland. Fertile land is turning into thousands of craters that become sources of malaria. Fish stocks and coral reefs are being destroyed by dredgers and tin-suction ships. In our interviews fishers reported that their catches had fallen by 80 per cent.

Accidents happen weekly, with informal miners dying in landslides and in accidents on the bottom of the sea. These are all costs of tin production that are not being taken into account.

Since tin mining has been done for a long time without pro15 This part, written by Pius Ginting and Evert Hassink, has been published in the Jakarta Globe, 3 September 2014

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per rehabilitation and good environmental management, tin mining in Bangka and Belitung has a negative net value for society. According to a 2013 evaluation by Indonesia’s Environment Ministry, the present net value benefit from tin mining in West Bangka district was minus IDR 336 trillion ($28.5 billion) over the 2007-12 period. This negative number is caused by the high costs of health impacts, payments for clean water as an alternative for polluted water, and funds needed to manage decreasing productivity in non-mining sectors such as agriculture and fishery, due to erosion and land pollution caused by mining activities.

Sadly, our field observations show that these conditions – all part of the local resource curse – occur in all districts of Bangka that produce tin.

Per capita, people from Bangka Belitung Islands province are among Indonesia’s top consumers of fish. The area also produces the unique and famed Muntok white pepper.

But if tin mining in the province is not managed well, its people will face environmental and economic collapse in the near future, and especially in the post-mining era.

Deposits are depleting fast and tin is already becoming scarce onshore.

Big corporations Environmental organisations have demanded that major electronics brands like Apple, Samsung, Philips and Sony support a less destructive form of tin mining. A Tin Working Group was established in 2013. And after a research phase, the group now plans further engagement with mining companies, authorities and local stakeholders on Bangka to develop a system that will support responsible miners.

Onshore, the solutions are obvious. Proper land-use planning and rehabilitation of former mine sites – both in consent with local villagers – will make a difference for nature and agriculture.

But offshore, a solution is not yet in sight. An approach to mitigate the destruction of the sea around Bangka caused by tin dredgers and suction ships needs to be developed and implemented urgently. As long as there is no answer

to the current destruction, offshore mining should be forbidden. The situation around Belitung, where an offshore mining ban is in place, and where the sea is still blue and transparent and tourism flourishes, should serve as an example.

The Tin Working Group is the result of efforts by the Indonesian Forum for the Environment (Walhi), which rang the alarm bell in the global Friends of the Earth Network and in Western media. This was the start of a campaign that convinced global brands to take their responsibility.

The international public has paid attention, through petitions, plenty of media of coverage, and protests at offices of electronics brands, for instance recently at the Microsoft office in Amsterdam. It is important for major electronics brands in the Tin Working Group, like LG, Blackberry and Acer, to take immediate action and for other brands to join the effort.

Tin sourcing from key areas, such as conservation forests and fishery catchment areas, can be stopped if we act quickly and more brands join the effort. The companies in the Tin Working Group also want to ensure that they do not use tin from sites that are not safe for workers and they will be involved in the environmental rehabilitation of mining sites in Bangka and Belitung.

Chance to score But neither chief sustainability officers nor multinationals can save Bangka from an ecological disaster. The national and regional governments are, in the long term, the only institutions that can ensure a future for Bangka. They can set and enforce the rules that guide miners and businessmen towards better mining practices. The government can also improve supply-chain transparency in the mining sector. This will enable businesses to reward companies that mine in a more responsible way than others.

But the government should act now, as sustainability campaigns by NGOs do not last forever and businesses are ultimately in the game for the money.

The coming years are crucial as the tasks of regulators will be less burdensome now that even global brands demand that their tin suppliers work responsibly. The Indonesian president and his administration play a major role in transforming the mining sector, and not only in tin mining.

Recently elected President Joko Widodo, can and should show that the Indonesian state is able to score, now that sustainability campaigns and major corporations have already made so much progress.

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Appendix 1.

List of Mining Operations in Protected Forest Areas

TYPE OF ACTIVITIES/ STATUS

NO.

AREA COVERED (HA)

NAME OF COMPANY

REGENCY

1

BUMI HERO PERKASA

BELITUNG

2

CHANDRA SAKTI

BELITUNG TIMUR

3

COMFORTINDO BANGKA

BANGKA

4

INKOBE MITRA INTRA

BELITUNG TIMUR

0.42

5

KARYA CIPTA LAHANINDO

BELITUNG TIMUR

1.12

6

KARYA MITRA ABADI

BELITUNG TIMUR

2.56

7

KERANJI JAYA UTAMA

BANGKA SELATAN

20.16

8

KORINCO MITRA INKOBE

BELITUNG TIMUR

32.74

9

MENARA CIPTA MULIA

BELITUNG TIMUR

740.09

10

NURJANAH

BANGKA

11

PACIFIC INTER MINING

BELITUNG TIMUR

12

PANDAN ALAM JAYA

BELITUNG

PRODUCTION OPERATION

Formally ­compliant (C&C)

Non compliant Non compliant or illegal or illegal (Non C&C) (Non C&C)

26

13

TIMAH (PERSERO) TBK

14 14

ANUGRAH PERSADA ANUGRAH PERSADA

15 15

BANGKA BELITUNG TIMAH BANGKA BELITUNG TIMAH SEJAHTERA SEJAHTERA

16 16

BELITUNG INDUSTRI SEJAHTERA BELITUNG INDUSTRI SEJAHTERA

17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27

BILLITON BATUBARA INDONESIA BILLITON BATUBARA INDONESIA BUANA BELITUNG GEMILANG BUANA BELITUNG GEMILANG BUMI BERKAH BILLITON BUMI BERKAH BILLITON BUMI HERO PERKASA BUMI HERO PERKASA DUDU. JN DUDU. JN EDY SA’ARY EDY SA’ARY GUARDIAN SEJAHTERA GUARDIAN SEJAHTERA H. HAMZAH H. HAMZAH KARYA EMAS MULTISANI KARYA EMAS MULTISANI LEMBAH TININDO SEJATI LEMBAH TININDO SEJATI MITRA STANIA PRIMA MITRA STANIA PRIMA

24.90 0.07 32.59

0.00 49.40 7.27

BANGKA

3,099.01

BANGKA BARAT

8,513.50

BANGKA SELATAN

122.55

BANGKA TENGAH

1,552.58

BELITUNG

1,101.22

LINTAS KABUPATEN

7,217.53

TOTAL

21,606.39

C&C Total BELITUNG BELITUNG BANGKA BANGKA BANGKA BARAT BANGKA BARAT TOTAL TOTAL BELITUNG BELITUNG BELITUNG TIMUR BELITUNG TIMUR TOTAL TOTAL BELITUNG TIMUR BELITUNG TIMUR BELITUNG BELITUNG BELITUNG BELITUNG BELITUNG BELITUNG BANGKA BARAT BANGKA BARAT BANGKA BARAT BANGKA BARAT BELITUNG TIMUR BELITUNG TIMUR BANGKA BARAT BANGKA BARAT BELITUNG TIMUR BELITUNG TIMUR BANGKA BANGKA BANGKA BANGKA

22,517.68 21.49 21.49 3.29 3.29 20.32 20.32 23.61 23.61 10.33 10.33 17.14 17.14 27.47 27.47 149.61 149.61 26.50 26.50 10.71 10.71 19.03 19.03 1.00 1.00 1.01 1.01 49.95 49.95 1.00 1.00 3.12 3.12 11.05 11.05 1.03 1.03

TYPE OF ACTIVITIES/ STATUS

NO.

NAME OF COMPANY

REGENCY

AREA COVERED (HA)

PRODUCTION OPERATION

28

NN BROTHERS

BANGKA BARAT

3.99

29

NURINDRA EKA PERKASA

BELITUNG TIMUR

0.50

30

PUTRA TIMUR SETIA

BELITUNG TIMUR

8.37

31

SIMPANGPESAK INDOKWARSA

BELITUNG TIMUR

0.02

32

SUMBER ALAM DIRGAMAJU

BANGKA

1.61

33

SUPARMAN

BANGKA BARAT

1.00

34

TAMBANG TIMAH

BELITUNG TIMUR

1.60

BANGKA

BANGKA BARAT

35

TIMAH (PERSERO) TBK

1,657.34 3.26

BANGKA SELATAN

1,367.10

BANGKA TENGAH

982.42

BELITUNG

BELITUNG TIMUR

1,518.30

TOTAL

6,524.37

36

TUMBAK MAS

BELITUNG TIMUR

37

YINCHEN TININDO BELITUNG

BELITUNG

NON C&C Total

TOTAL PRODUCTION OPERATION

995.95

16.31 65.23 6,969.59 29,487.27

SURVEY/EXPLORATION Formally ­compliant (C&C)

Non compliant or illegal (Non C&C)

38

BUMI HERO PERKASA

BELITUNG

39

GALIAN RAYA

BANGKA SELATAN

0.47 24.52

C&C Total

24.99

40

BUMI HERO PERKASA

BELITUNG

28.64

41

HERO SUMBER NUSANTARA

BELITUNG TIMUR

7.77

42

KARYA SANGJAYA

BELITUNG TIMUR

1.94 256.24

43

PACIFIC INTER MINING

BELITUNG TIMUR

44

PAMIN KANAAN

BELITUNG

NON C&C Total

SURVEY/EXPLORATION Total TOTAL

0.11 294.70 319.69 29,806.96

C&C stands for Certification Clear & Clean, which indicates that the mine is according to regulations as far as the ministry of forestry is concerned.

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â&#x20AC;&#x153;I fear that my children and grandchildren will have no future on Bangka.

Tin mining is destroying the entire island.â&#x20AC;?

Alim from the village of Denian.