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On behalf of our client, the Ministry of Culture and Tourism, we would like to clarify the misleading information contained in the Feb. 14 opinion article “A Lack of Wonder at the Tourism Ministry,” written by Bernard Weber of the New7Wonders Foundation. As this issue has now degenerated into an attack on the reputation of the ministry, we believe readers have a right to accurate information.

   In fact, the issue raised by Weber and his foundation in the article relates to two separate issues, a matter that Weber does not make clear. The first relates to the support given by the government of Indonesia — in this case the Culture and Tourism Ministry — for the participation of Komodo National Park as a finalist in the foundation’s “New Seven Wonders of Nature” competition. The second is the appointment of Indonesia as the official host of a special event organized by the N7W Foundation to host the announcement of the winning entry, and the process involved in that appointment.

   The ministry registered Komodo as a finalist in the N7W competition in 2008. As the registering party, the ministry has therefore become one of the Official Supporting Committees of the competition. However in January 2011, the N7W Foundation, without a clear basis, announced its intention to suspend the nomination of Komodo as a finalist due to noncompliance with legal requirements related to the appointment of Indonesia as host for the event. The ministry did not take this threat lightly and accordingly issued a letter of complaint to the foundation. The foundation ignored the complaint and went on to publish yet another unjustified announcement on its Web site on Feb. 7 to say that although Komodo would retain its status as a finalist, the ministry’s OSC status had been revoked and therefore it was prohibited from promoting Komodo as a N7W of Nature finalist.

   On behalf of the ministry we would like to reiterate that whether or not the ministry hosts the event is in no way related to, nor can be allowed to interfere with, the status of Komodo as a finalist and/or the ministry as the OSC in the competition. The two issues are quite distinct, as Komodo’s status as a finalist and the ministry’s status as OSC of the competition are expressly stated in the Standard Participation Agreement that was signed by both NewOpenWorld Corporation — a legal entity under the N7W Foundation — and the ministry, while the opportunity to host the N7W event is open to all interested countries or organizations, including the ministry. It is nowhere and in no way mentioned in the SPA.

   It needs to be emphasized that despite Weber’s claims, the ministry has fulfilled all its obligations to the foundation, including payment of a participation fee that entitled the ministry to carry out promotional activities connected with Komodo’s involvement in the competition. The ministry has never made any other legal agreements, either with NewOpenWorld or any other party with regard to the participation of Komodo in the competition.

   Turning to the second issue, following the offer by the foundation to host the event, the ministry expressed interest and sought full details of the terms and conditions attached to the offer, as it is a government institution which needs to be extra careful in making decisions. The ministry has never made a formal bid, nor has it signed any agreements in connection with the appointment as official host.
 
The ministry cannot be bound to fulfill any right or obligation for an agreement that was never signed, despite the purported letter of appointment of a certain private foundation to work together with the ministry that was issued on Dec. 6, 2010. There is therefore no sound basis for the N7W Foundation to revoke the ministry’s status as OSC and/or Komodo’s status as finalist on grounds of disagreements relating to the hosting of the foundation’s event, as, first, the ministry has never breached any agreement relating to its possibility to host the event.
 

Second, even it had — which is denied — the ministry’s status as host is a separate matter from, and based on different legal obligations as, that of an OSC and/or Komodo as a finalist. Third, the ministry’s status as OSC and/or Komodo’s status as finalist is based on and governed solely by the SPA, and, finally, the ministry has never breached any of its obligations under the SPA.
 
  Weber’s article also unfairly and inaccurately denies the ministry’s efforts to campaign for Komodo by implying that the ministry is the only party responsible for jeopardizing the status of Komodo as a finalist in the N7W competition. In fact, it is only because of the ministry’s continuous effort to promote and campaign to secure the vote for Komodo, along with the unconditional support of the Indonesian community and the fans of Komodo, that it is currently a N7W finalist.

   In closing, we would like to restate that while our client welcomes all efforts to secure a positive outcome for both parties, should a peaceful resolution not be forthcoming, we will not hesitate to exercise all available legal options on behalf of our client.
 
  Todung Mulya Lubis Lubis Santosa & Maulana Law Offices Jakarta