In April 1967, two years before the fraudulent Act of Free Choice
which led to West Papua’s formal incorporation into the Indonesian
Republic, Suharto acting then not as president but as General Suharto,
a member of the cabinet, signed the unique and highly favourable First
Generation contract of work with the New-Orleans based
Freeport-McMoran company, the text of which was written by the company.
This granted the company a 30-year concession to mine copper in West
Papua within a 250,000-acre concession, free from land rent or
royalties.i
President Sukarno who was under house arrest before being formally
removed from power in 1967 had firmly rejected foreign investment and
foreign aid and a law on foreign investment was still two years down
the road.
During the closing decades of the Dutch colonisation of West Papua, the
territory was used primarily as the destination for Indonesians who
were banished for taking part in the anti-colonial struggle and there
was little mention of the natural resources that were to bring such
huge profits to Indonesia. However, as TAPOL wrote in 1983ii,
important discoveries of oil and copper were made by multinational
corporations in the 1920s and 1930s, and when Allied troops under
General McArthur landed in West Papua in April 1944, a year ahead of
the Allied assault that put an end to Japan’s three-year occupation of
Indonesia from 1942 to 1945, they brought with them geological teams to
evaluate these discoveries and to conduct their own explorations.
Besides the discovery of nickel and cobalt ore in the Cyclops
Mountains, they confirmed the presence of a deposit of copper along the
southern reaches of the Cartensz Range, later described as the world’s
largest outcrop of copper with a surprisingly high concentration of
gold.
Sukarno forestalls Papuan independence
When sovereignty was formally transferred from The Netherlands to the
Indonesian Republic in 1949, West Papua, then known as Netherlands New
Guinea, was not included. This led to years of unsuccessful diplomatic
lobbying by Indonesia at the United Nations and became a cause around
which President Sukarno rallied the population with a slogan calling
for the ‘liberation’ of West Papua and its ‘return’ to the fold of the
Republic. Sukarno was in a hurry to assert Indonesia’s claim to the
territory, as a counterblast to Dutch efforts in support of West
Papua’s eventual independence by 1970. In 1961, a New Guinea Council
had met and adopted a constitution consisting of 129 articles for the
future state as well as a national flag, the Morning Star (Kejora), and
a national anthem. The flag has since become a powerful symbol for the
Papuan people of their separate identity and many Papuans have faced
imprisonment or worse for the act of unfurling it.
The dispute between Indonesia and The Netherlands had raged on for
years and came to a head with Sukarno’s decision to mount an armed
attack on the territory in 1962, thus placing the military in the
forefront of the campaign. In early 1962, Suharto, who then held the
rank of major-general, was given command of the Mandala campaign to
capture West Papua from the Dutch. At the time, he was first deputy to
the army chief of staff in charge of intelligence and also commander of
the army’s new Strategic Reserve force, which later become known as
KOSTRAD. Suharto had gathered round him a clique of military officers
who later became his close allies once he had gained power in late
1965. Among them was a commando officer, Benny Murdani, one of the
soldiers parachuted into West Papua. Another was Ali Murtopo who was
put in charge of testing the ‘combat intelligence’ unit attached to the
Strategic Reserve. Murtopo later took charge of Opsus, the special
operations unit notorious for political manipulations guided by Suharto
after 1965.
During the early stages of the Mandala campaign, Indonesian troops
carried out a series of small-scale air-drops from boats based in
nearby islands but many became ensnared in the thick jungle or landed
in swamps, unable to cope with the humid tropical atmosphere, while
much of their equipment was damaged or lost. Although this was
proclaimed as an act of liberation, the troops were not welcomed by the
Papuans. Instead they were attacked, many were caught and handed over
to the Dutch. According to figures available at the time, of the 1,419
troops who were dropped, 216 were killed or never found and 296 were
captured. Mandala was a dismal failure both militarily and politically.
However, regardless of what the Papuans may have felt, their future
status was to be decided by the competing interests of the Dutch, the
USA and Indonesia. At the heart of the contest was the knowledge,
never publicly mentioned at the time, of the natural resources which
existed in such great abundance in West Papua.
Initially, Washington sided with its Dutch NATO ally, but perhaps
alarmed by the Dutch plan to grant West Papua eventual independence,
Washington switched sides. Washington was also concerned about
Indonesia’s ties with the Soviet Union with whom it was negotiating an
arms deal. Under pressure from Washington, the Dutch government entered
into negotiations with Sukarno brokered by the US. This led to the New
York Agreement between The Netherlands and Indonesia and to the
Indonesian takeover of West Papua after a six-month interregnum under a
UN transitional executive authority, UNTEA.
Papuans were not represented in the negotiations regarding their
future. With the departure of UNTEA in 1963, the Indonesian military
took control and began a crackdown against Papuan resistance that led
in 1965 to the creation of the OPM, the Free Papua Movement.
In 1969, the fraudulent Act of Free Choice resulted in West Papua’s
formal incorporation into the Indonesian Republic. Although the New
York Agreement stated that the Act should take place ‘in accordance
with international practice’, what happened was that 1,022 hand-picked
Papuans, under intense pressure from the Indonesian military, voted
unanimously to become part of Indonesia.
Freeport’s entry into West Papua
Within two months of the 1965 coup that brought Suharto to power, the
geologist Forbes Wilson, who had been involved years earlier in the
geological investigations in West Papua, received a call from
Freeport’s CEO saying he had been privately approached by two oil
executives and told that negotiations would immediately begin about
mining Erstberg, the first copper outcrop. The Washington government
supported Freeport’s association with the new regime by guaranteeing a
$60 million loan to the company that enabled it to proceed with the
extremely expensive initial stages of the project. The Ertsberg mine
was officially opened by Suharto in March 1973, on which occasion he
announced that the territory would be called Irian Jaya. (Many years
later, President Abdurrahman Wahid reversed this decision and named it
Papua.)
Freeport needed to build the infrastructure for the copper and gold
mine in Tembagapura at an elevation of 4,500 metres through what the
company called ‘inhospitable country’, 68 miles from the coast. This
meant installing a pipeline to carry the copper slurry down to the
coast. Construction took five years to complete before production could
begin and was described at the time as a ‘stupendous engineering’ feat.
For Papuans living in the vicinity, the project violated and destroyed
their mountain, which they regarded as their ‘spiritual mother’. Their
ancestral ties with the land were simply ignored and they were evicted
from their homes, to be re-settled in coastal hamlets, without a
thought about the impact of the new environment, away from the cool,
clear air around their mountain homes to the hot, malaria-infested
coastal plain.
The leading Indonesian weekly Tempo wrote: It is logical
for these mountain perople not to feel at home. Besides the climate,
the houses built for them by the local government are quite unsuitable.
They are very basic, just bare huts with a roof and an earthen floor.
In their native villages, these people had houses with wooden floors.
‘We feel ill. We can’t sleep,’ said one woman living in one of these
huts, pointing to the earthen floors on which they have to sleep.iii
A Jayapura-based newspaper reported that an epidemic swept through
their kampungs, killing 216 children, more than 20 percent of the
infant population. A doctor complained of the lack of funds for
medicines to fight the epidemic, only a stone’s throw from Freeport
which was by then already worth $150 million a year.iv
During its twenty-year life-span, Erstberg produced thirty-two million
tonnes of copper, silver and gold and generated an annual income for
the company of around $300 million.
Grasberg, a bottomless pit
But the Erstberg find was overshadowed by the discovery of Grasberg.
This resulted in Freeport signing two new Contracts of Work with
Jakarta in 1991 and 1994, gaining exploration rights to approximately
nine million acres and the right to mine further discoveries in the
area for another fifty years. By the end of the decade, Grasberg was
annually producing more than double the ore recovered from Erstberg
during its life. Grasberg is famed for having the world’s largest
deposit of gold, far in excess of the output of South Africa’s largest
mine. It holds the world’s third largest open-pit copper reserves and
at extraction rates of 10 cents per pound is the lowest-cost copper
producer in the world. According to Denise Leith, ‘Estimates of
Grasberg’s worth continue to increase so that despite all predictions
the final worth of the mine is impossible to predict; it is classified
as ‘open at depth’, which is a euphemism for a bottomless pit.’v
Further exploration of more than six thousand sites had by 2001
identified about seventy potential mining sites with drilling
commencing on about ten of these. Freeport’s owner, Jim-Bob Moffett, a
loud-mouthed tycoon from New Orleans, believes that the region will
eventually produce other Grasbergs, eclipsing the riches of Pangguna,
Ok Tedi, Lihir and Porgera in Papua New Guinea.vi
In May 1995, the British mining giant, Rio Tinto, became involved in
Grasberg at a time when Freeport, with expenditures mounting, was
forced to look for an experienced and well-capitalised partner. The
contract with Rio Tinto gave it an interest of about 14 percent for an
initial payment of $1.7 billion. About half of this amount was in the
form of a loan to be spent on future exploration and development in
Freeport regarding contracts of work in West Papua. Under the deal, Rio
Tinto’s interest was limited to the Grasberg operation, entitling it to
40 percent of discoveries and expansions proven after December 1994
together with any output at Grasberg above 118,000 tonnes per day.
In 2004, Rio Tinto sold its shares in Grasberg for $883 million while
retaining its 40 percent joint venture interest in reserves as a
consequence of expansions and developments at the Grasberg mine since
1998.
The Suharto-Moffett duo
Moffett’s ties with Suharto and his inner circle are known to have been
very close. Between 1991 and 1997, the company made at least $673
million of loan guarantees to three Indonesians closely tied to
Suharto. Suharto allies, including at least one cabinet minister,
bought assets from the company such as housing and a hotel near the
mine. Freeport not only helped to finance the deals but also
guaranteed the buyers sizable annual profits. The company also agreed
to subsidise interest payments for a Suharto family business partner,
enabling him to purchase 4.7% of Freeport’s Indonesian unit.
According to the New York Times, ‘For years, to secure Freeport’s
domain, James R Moffett… the company’s chairman, assiduously courted
Indonesia’s long-term dictator, President Suharto, and his cronies,
having Freeport pay for their vacations and some of their children’s
college education, and cutting them in on deals that made them rich,
current and former employees said.’vii
In 1997, when Freeport wanted to more than double its Grasberg output,
Moffett took the case directly to Suharto who scrawled his approval
of the controversial expansion in the margins of Moffett’s personal
letter to him. But this was just one year before Suharto’s fall from
power. In an article published by the Wall Street Journal four months
after the dictator’s downfall, it was stated that in the mid-1990s,
Moffett, through building a personal relation with one of Suharto’s
closest confidants, Bob Hassan, began spending time with the first
family. He golfed with the president and became close friends with his
second daughter, Siti Hedianti.
Shares in Freeport that were in the hands of the Bakrie family, not a
close ally of the President, were liquidated on the orders of Suharto
and were bought by PT Nusamba Mineral Industri, the parent company of
which, Nusamba, was widely known to be controlled by the Suharto
family. According to Bob Hasan, Nusamba was 80% owned by three
Suharto-chaired foundations, 10% owned by his eldest son and 10% owned
by Bob Hasan. (Suharto had set up a number of foundations or yayasan during his New Order, ostensibly for charitable purposes but which
became the means by which he and his family gained control of a large
number of businesses.)viii One Freeport official described Bob Hasan as being ‘part and parcel of the Suharto family’.
Resistance to Freeport
In 1977, attention was drawn to grave human rights problems around the
Freeport mine when Amnesty International reported that the military who
were guarding the project were using steel containers obtained from
the Freeport mine as cells to incarcerate Papuans for long periods.
These arrests followed in the wake of tension that erupted when local
people cut the pipeline. The incident was documented by a church
publication, Berita Oeikumene in April 1980.
‘..the background to the conflict around Tembagapura … is that the
local inhabitants felt disadvantage by the presence of a foreign mining
company whilst their complaints do not receive proper response, either
from the company or from the government… The underground movement
against the American company burst open at 6am on 18 June 1977… by
attacking a police post… then blocking the Ilaga airstrip near
Tembagapura with tree stakes. When the army launched a counter attack,
they withdrew to the forest…. A pipe transporting copper slurry mixed
with gold from the mine at a height of 11.5 thousand feet down to the
Timika harbour on the Arafura Sea was blown up by guerrilla forces. A
bridge was also blown up and some Freeport oil storage tanks were
destroyed by fire. Over a period of several months, Freeport was
sustaining losses of several million dollars a day.’
However, the Amungme people were to suffer greatly… ‘At the end of
August, two OV-10 Bronco bombers rained the region of Akimuga with
bullets. Those who survived fled to the forests…. These
counter-guerrilla attacks were not confined to air attacks; ground
attacks went on for several months as well as arrests and detentions.’
According to an Australian journalist, Denis Reinhardt,ix
‘Three Irianese villages associated with the mine, the shanty town at
Tembagapura, and encampments at Waa, five kilometres from Tembagapura,
and at Timika are reported to have been levelled by Indonesian troops
in the days following the sabotage. One European who recently returned
from the area alleges that Indonesian troops mortared Waa village for
two days before moving in and burning the remnants.’x
Another wave of protest against Freeport erupted in February 2006 when
about four hundred local miners barricaded the road to the mine,
protesting against their forced removal from the area because they had
been sifting through the waste pumped from the Grasberg mine. Two days
earlier, police and company security guards had approached a group of
gold panners and told them to leave the area. One newspaper wrote:
‘Many locals earn their living through retrieving and selling tiny
amounts of copper and gold from tailings, or waste rock, dumped by the
mine. The Freeport mine… has long had an uneasy relationship with
locals, many of whom are poor.’
These activities led to the closure of the mine for two days.
Meanwhile, reports which referred to the local miners as ‘illegal’ were
angrily refuted.
The incidents in the vicinity of the mine led to a series of
demonstrations in Jakarta in front of the head office of Freeport. The
protesters said that the mining operations had not brought any benefits
to local residents during its 40 years of operations. One of the
protesters said: ‘Freeport has to be closed because the environment has
been damaged and many locals were massacred just because of its
presence in Papua.’xi This allegation goes back to the findings of two researchers. An
Australian anthropologist, Chris Ballard who worked for Freeport, and
Abigail Abrash, an American human rights campaigner, estimated that 160
people had been killed by the military between 1975 and 1997 in the
mine area and its surroundings.xii
Damning evidence about human rights abuses committed in the vicinity of
Freeport was made public by Bishop Munninghoff in Jayapura in a 28-page
report in August 1995. One of the many shocking incidents was an attack
by Indonesian troops who opened fire on a group of villagers gathered
together for an act of worship. Eleven people were shot dead, including
four children. The villagers had spent several months in the forest,
seeking refuge from the fighting between local guerrillas and the
Indonesian army. As they gathered in Hoea, trying to decide whether to
remain in the forest or return to their village, they were discovered
by a unit of soldiers on a mission to hunt down members of the OPM. The
troops opened fire without warning and with horrifying consequences.xiii
No action against environmental damage
It was not until 2000 that anyone in government in Jakarta criticised
Freeport for the tremendous environmental damage it caused. The
Environment Minister in the government of Abdurrahman Wahid, Sonny
Keraf announced that the government was planning to revoke a permit
allowing the company to dump tailings into rivers near the mine. He
accused the company of causing far too much pollution, ‘which in turn
had made life difficult for natives living nearby the mining areas’. A
press report pointed out that the company processes 200,000 tonnes of
ore every day, of which only about 3.5% yields copper and gold The
remaining crushed waste ore known as tailings form grey muck which is
discarded in the Aghawagon-Otomona-Ajkya river system. More than
210,000 tons of tailings are deposited downstream as fine sand every
day. ‘Tailings have inflicted massive damage to forests located south
of the mine, with some literally buried under the crushed waste ore.’xiv
Environmentalists were not convinced that the minister’s get-tough
message would have any impact and they were right. The same press
report said: ‘Due to pressure on the government, no serious action was
taken against Freeport, not even when it was revealed that 13,300
hectares of forest-land had been laid waste by the tailings.’
In 2006,WALHI, Indonesia’s leading environmental watchdog, issued a
report about Freeport which said that the company, along with its joint
venture partner, Rio Tinto, had failed to comply with government orders
to amend its dangerous waste management practices despite years of
official findings that it was in breach of environmental regulations.
The organisation said: ‘The law is not enforced by the Ministry of
Environment due to the joint venture’s pervasive financial and
political influence, to the degree that a Freeport-Rio Tinto proposal
for circumventing water quality standards seems to be under
consideration.’ WALHI said the company had been polluting the river
system and the estuarine environment in breach of regulatory water
quality standards and that it was discharging acid rock drainage
without a hazardous waste licence at levels breaching industrial
effluent standards and has failed to establish mandatory monitoring
points.xv
Wealth and poverty, cheek by jowl
For nearly forty years, the operations of Freeport have provided the
Indonesian state with substantial earnings in the form of royalties,
dividends and taxes, becoming by far the country’s largest taxpayer.
According to a statement by the company earlier this year, Freeport
paid a total of $1.8 billion (Rp 17 trillion) to the Indonesian
government in 2007, consisting of corporate income tax, employee income
tax, regional tax and other taxes totalling $1.4 billion, royalties of
$164 million and dividends worth $216 million. This was higher than in
2006 when the figure was $1.6 billion. These figures show a hefty
increase from its payments to Jakarta in the previous five years when
the total was $6.9 billion.xvi
Freeport chairman, Jim-Bob Moffett and the company’s chief executive
officer, Richard Adkherson, have pocketed huge earnings. According to a
federal regulatory filing in June last year, Moffett’s earnings
totalled $32.8 million in 2006, consisting of $2.6 million in salary,
and $27,400,000 in cash incentive payments. He also received $234,864
in above-market or preferential earnings on deferred compensation and
$2,331,292 in perquisites and other compensation, including
contributions to his retirement plans, $278,644 in personal use of
company aircraft, and $92,532 in insurance premiums.
The chief executive had to make do with a bit less, earning a salary of
$1.25 million, $3,532,000 in cash incentives and stock awards with an
estimated value of $18,048,000, plus more than $2 million in deferred
compensation and contributions to his retirement plans.
As for Papuans whose resources these men have plundered for so many
years, the vast majority are poor by any standards and still worse,
they are becoming marginalized in their homeland with the arrival of
hundreds of thousands of migrants from other parts of Indonesia.
Poverty is the fate even of Papuans living in the vicinity of Freeport.
According to the Mimika Statistics Agency, more than half the
population in the regency, which is where Freeport is located, live
below the poverty line. As many as 28,000 of the 45,000 families are
poor and lack access to health care. Many of the houses in Timika as
well as in Kwamki Lama villages, Karaka Island and Asmat village in
East Mimika district are unsuitable for habitation. ‘Mimika is one of
the biggest mining areas in the world but its people are still
categorised as poor.’
According to research carried out in 2002, health service care in
Papua ‘is below acceptable standards’. The investigation concluded that
36.1% of Papuans had no access to health facilities while 61.6% had no
access to clean water. The percentage of undernourished children under
five was 28.3%.xvii
Following the political demise of Suharto, there were calls for the
contract with Freeport to be renegotiated but these have led nowhere.
One government minister said that pressure on Freeport might damage
Indonesia’s reputation in the eyes of other potential foreign investors.
Suharto’s generous giveaway to a far-away US mining company was nothing
less than the rape of Papua, assets stolen from the people of Papua
that left them destitute and deprived them of the right to determine
how, by whom or indeed whether their natural resources should be
exploited.
Notes:
i Denise Leith, The Politics of Power: Freeport in Suharto’s Indonesia, 2003, p 60
ii West Papua: The Obliteration of a People, 1983.
iii Tempo, 13 September, 1980.
iv Tifa Irian, June 1980.
v Op.cit., note 1, p 63
vi Op.cit, note1, page 69.
vii New York Times, ‘Below a Mountain of Wealth, A River of Waste’, 29 December, 2005
viii Wall Street Journal, 29 September 1998.
ix Nation Review, 15-21 September 1977.
x Op. cit. note 2.
xi Jakarta Post, 23 February and 1 March 2006
xii New York Times, 27 December 2005.
xiii Quoted in TAPOL Bulletin No 131, October 1995.
xiv Indonesian Observer, ‘Environmental minister blasts Freeport’, 17 June 2000.
xv WALHI Report on Freeport-Rio Tinto, May 2006.
xvi Antara News Agency, 6 February 2008
xvii Economic, Social and Cultural Rights in West-Papua, published by The Evangelical Church in the Rhineland, 2005.