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Govt urged to tighten, stop granting mining licenses on small islands
Environmentalists are calling for more stringent environmental standards to be fulfilled by mining companies to obtain concessions on small islands following a recent ruling by the Constitutional Court.
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In this aerial picture taken on Feb. 23, 2023, mangrove trees planted by the community in an attempt to slow erosion caused by rising sea levels are seen on Pari island in Thousand Islands regency, Jakarta. Environmentalists have said most of the 41-hectare island could sink by 2050 because of rising sea levels. (AFP/Bay Ismoyo)
E
nvironmental activists have called on the government to take the environmental protection of small islands from mining operations more seriously, including the possibility tightening requirements for companies to get licenses and halting the issuance of new permits.
Recently, the Constitutional Court upheld protection for small islands from mining operations by rejecting a judicial review petition seeking a revision of provisions on prioritized and prohibited business activities on small islands.
The petitioner argued that two provisions in the 2007 Coastal Areas and Small Islands Management Law are in conflict and discriminate against mining companies. While Article 23 stipulates that mining is not among prioritized activities on small islands, Article 35 allows mining to be conducted under careful technical, social and ecological considerations.
The justices rejected the petition, arguing that the law is clear in allowing mining operations on small islands as long as they do not jeopardize the environmental sustainability of the islands.
In their judicial opinion, justices argued that any activities on small islands outside prioritized ones, including mining, must adhere to stringent environmental protection standards, while activities categorized as “abnormally dangerous” are strictly prohibited.
Environmentalists welcomed the recent ruling and the justices’ legal considerations, pointing out that mining operations on many small islands across the archipelago have caused ecological disasters.
Such catastrophes, ranging from groundwater and sea pollution from waste from the mining sites to the loss of food sources due to land grabbing, have exacerbated the vulnerability of islanders who are already prone to the impacts of climate change, according to the Mining Advocacy Network (Jatam).
