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Oil Palm Companies Are Clearing Forests in Sorong Regency

by Admin Pusaka May 21, 2022
written by Admin Pusaka

In January – April 2022, it was discovered that two companies have been clearing forests for the expansion of oil palm plantations, namely PT Inti Kebun Sejahtera (IKSJ) in Klawiri Hamlet, Moi Sigin District, and PT Inti Kebun Sawit (IKS), in Klawor Village, Seget District, Sorong Regency.

Based on satellite image information and residents’ statements, the estimated loss of forest areas due to clearing by the two companies is 300 hectares in total, namely 60 hectares by PT IKSJ and 240 hectares by PT IKS. It is predicted that the deforestation areas will increase.

PT IKSJ and PT IKS are owned by and are subsidiaries of PT Ciliandry Anky Abadi (CAA), an Indonesian private company, which acquired the two companies from Kayu Lapis Indonesia (KALIA) Group, owned by the Sutanto family. CAA also acquired an oil palm company, PT Inti Kebun Lestari (IKL), in this region.

Part of the shares in the said three companies and the shares in PT CAA are held by Ciliandry Fangiono. Forbes named Ciliandra Fangiono one of Indonesia’s richest persons, and he is the CEO of First Resources. The connection between CAA and First Resources still exists, but First Resources refused to be associated with CAA.

The report by www.chainreactionresearch.com stated that CAA is part of the top 10 companies which caused deforestation in 2020. CAA owns the palm oil factories of PT Tirta Madua and PT Borneo Ketapang Indah which supply palm oil to large companies, Avon, Frieland Campina, Johnson & Johnson, Kellogg’s, L’Oreal, etc.

In Papua, the Report on the Results of Evaluation of Oil Palm Plantation Licenses in West Papua Province (2021) revealed that three companies, PT IKSJ, PT IKS, and PT IKL, have committed license administration legality violations and operational violations, among other things, they failed to fulfill the obligations in the plantation business license (IUP), are yet to develop plasma plantations, did not report the changes in shareholding and management, carried out unauthorized forest clearing for plantation (2008), etc.

In 2021, the Regent of Sorong revoked the business license of PT Inti Kebun Lestari. The company contested the regent’s decision and sued through the Jayapura State Administrative Court up to filing an appeal with the Makassar State Administrative High Court.

The customary communities around PT IKSJ and PT IKS said that the companies had been clearing forests without engaging the communities, they provided insufficient information, and their presence has led to tensions and dissents among the community groups, which resulted in difficulties in the hunting for livelihood and other food sources.

“The companies gave a lot of empty promises without any realization, we demand that the companies stop here and refrain from expanding the plantations”, said Nelson Katumun, a resident who lives at the plantation boundary in Klawiri hamlet.

Ank, May 2022

May 21, 2022 0 comment
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PRESS RELEASE: Protect the Indigenous Women who are Defending Human Rights and the Environment in Papua

by Admin Pusaka November 26, 2021
written by Admin Pusaka

The research by Yayasan Pusaka entitled ‘Mama Ke Hutan’ (Mama Goes to the Forest, 2021) describes the position of  Indigenous Women in the raging contestation over natural resources in Papua. In addition to being excluded from the decision making process related to customary areas, they are also driven away from their living space and source of livelihood, and end up as day laborers on their land. The common practice of bequeathing land title to the male lineage has led to the continuous exclusion of Indigenous Women from the decision making arena in relation to natural resources, and in certain conditions, they have to deal with the perils of stigmatization, labelling, pressure and violence when they are fighting for and expressing their rights. The situation is also a result of the expanding commodification of land for large-scale private and public projects, such as Oil Palm Plantations, Industrial Forests, Mining, Special Economic Zones, up to the Food Estate Megaproject, from one period to another. In fulfilling their investment ambitions, the government and the capital owners do not feel that they need to listen to the voice of indigenous women, let alone taking them seriously into consideration. Which begs the question, who are the ones truly impaired in the future by such investment activities?

Despite the immense cultural and social challenges faced by Indigenous Women in fighting for their rights, they continuously strive at the frontline in the fight for the rights to land, living space and source of livelihood. From the findings in the research by Yayasan Pusaka, the indigenous women’s most compelling motivation which became the argumentation of their resistance against such land-based investment is the awareness that the forest, land, river and air are vital and inseparable parts of their lives. Forest is a “market” – where they fulfill the needs for clothing, housing, food and nutrition for their families, it is market to find all of their household needs, particularly food, it is a living pharmacy – a site for traditional medicines, and also a library – where they keep the knowledge of life, history and the universe, which will one day be passed on to their respective descendants. Replacing such diverse functions of the forest with an unfamiliar and unaffordable commodity would be an unbearable loss.

Yayasan Pusaka Bentala Rakyat views that the Indonesian Government’s commitment towards realization of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Constitutional protection of the right to non-discrimination against the indigenous Papuan women are still far from optimal. In the document of Joint-Submission to the 80th Session of the Committee on the Elimination of Discrimination Against Women, which was undertaken jointly with Lembaga Advokasi Peduli Perempuan (eLAdPPer) Merauke, the Indonesian Government is deemed to have failed in adopting the cross-sectoral framework to address the discrimination and obstacles encountered by Indigenous Women towards their advancement. Conversely, the government’s policies are at the same time weakening the rights of customary communities and failing to protect women’s rights. In addition, the Indonesian Government’s failure in recognizing the collective territorial right and decision making of the customary communities has also hindered the Indigenous Women’s ability to enjoy the rights protected under CEDAW.

In observance of the 16 Days of Activism Against Gender-Based Violence 2021, Yayasan Pusaka has organized a series of discussions and dialogues with the Indigenous Women in Sorong Selatan regarding human rights and environmental issues. The forum became a venue for exchanging experience, knowledge and opinion among the Indigenous Women in examining the extent of the processes undertaken for fulfilling and upholding human rights, environmental and climate justice, the state’s commitment towards recognition and protection of customary communities, as well as the recommendations which need to be implemented in the future by various stakeholders.

The Indigenous Women described how the numerous investment projects on their customary land have led to environmental changes and social conflicts, and affected their respective livelihoods. Matelda Baho, an Indigenous Woman from the Maybrat Tribe for example, described how the cultural identity of the Baho clan is threatened to become extinct as a result of oil palm plantation investment. “If the Baho people pass through the forest, they use the gnemon trees to make signs. Only us the Baho people who understand the signs. The oil palm company came, demolish and remove the forest. The trees which I marked for my family to pass, have been devastated by the company”, she said. The Ganemo trees (gnetum gnemon linn) which grow in the forest are used by the communities as food and raw materials for noken, and at the same time they become sacred trees for the Baho Clan.

In this moment of Observance of the 16 Days of Activism Against Gender-Based Violence (16 HAKTP) 2021, the Indigenous Women who are also Women Environmental Human Rights Defenders (WHRD), are urging the state’s presence to recognize, respect and protect the Indigenous Women, as well as requesting all relevant stakeholders to preserve the environment and the forests, stop the violence in any form whatsoever, and engage the indigenous women in any decision making. Yayasan Pusaka is taking the momentum of 16 HAKTP to reiterate such hopes of the Indigenous Women to be immediately actualized by the state. In the next 16 days, our social media will be crammed with messages from the Indigenous Women Human Rights and Environmental Defenders.

We also call for the following:

  • That the Indonesian Government immediately expedite the ratification of the Bill on Recognition and Protection of the Rights of Customary Communities in order to provide certainty of the rights to customary land and the right to FPIC in a national law.
  • Cessation of the expansion of oil palm concessions, logging and mining on customary communities’ land which are conducted with no regard to the principle of free, prior and informed consent (FPIC), due to the potential pollution on the living space and impairment of their ability to fulfill the basic needs.
  • The Indonesian Government must work with the customary communities, particularly the indigenous women, to address the adverse effects of agribusiness and prioritize the support for traditional livelihoods above the expansion of natural resources extraction.
  • The Indonesian Government must proactively engage the indigenous women and their communities to ensure that they are empowered to participate in the decision making process when formulating policies which affect their communities.
  • The Indonesian Government must respect and protect the rights of indigenous women, as well as offer capacity building, training, social services, and resources, in a culturally appropriate manner through their representative institutions.

Thank you

Jakarta, 25 November 2021

Contact Person:

Amelia Puhili : +62 822-9897-2694 (Campaign Division Staff of Yayasan Pusaka Bentala Rakyat)

November 26, 2021 0 comment
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Press Release: Malamoi Customary Council, Reject the Presence of Palm Oil Companies in Their Territory

by Admin Pusaka November 3, 2021
written by Admin Pusaka

Sorong, 15 October 2021. On 14 October 2021 in Keik Malamoi, Sorong City, around 70 representatives of the Moi indigenous people, elders and customary land and forest owners, came from the Seget District, Bagun District, Klamono District, Segun District , Konhir District, Klayili District and Sayosa District, participated in the customary session held by the LMA Malamoi . The customary assembly is led by five Nedinbulu (customary judges).

The trial was opened by hearing remarks from Silas Kalami, LMA Malamoi, with some traditional rituals. “This customary assembly is an official forum for indigenous peoples who own customary rights to express their complaints and aspirations. The customary court will decide and resolve cases that are demanded by indigenous peoples in a fair manner,” said Silas Kalami.

But unfortunately, in this customary trial, the company, namely PT. Inti Kebun Lestari ; PT. Papua Lestari Abadi ; dan PT. Sorong Agro Sawitindo, who was also invited but did not attend without any information.

A member of the West Papua MRP, Matias Komegi, said “The customary assembly is recognized by the state through the Papua Special Autonomy Law and agreed that the customary assembly will continue to be carried out”, urged Komegi, who is also the Chairperson of the MRPB Special Committee on oil palm issues in Sorong Regency and is actively pushing for justice, customary law to solve the problems of indigenous peoples’ rights.

“We don’t want oil palm and we support the decision from the regent of Sorong. We also urge the customary oath to make bamboo tui (pamali bamboo) so that no one dares to give land to oil palm companies,” Pieter Koso, vice chairman of the Konhir Customary Council.

The results of the customary court decided that they rejected the presence of the three palm oil companies, that the decision made today is the highest and binding decision for all parties; and the Jayapura Administrative Court must consider the decisions and customary laws that have been decided as a form of respect for the community.

At the same day, the Decree of the Regent of Sorong, Dr Johny Kamuru, SH., M.Si, number 593.2/KEP.345/IX/TAHUN 2021, has also been handed over to the Recognition of the Right of Gelek Malak Kalawilis Pasa, one of the Moi tribes. which is located in the Sayosa District, Sorong Regency, West Papua Province. This decision contains the recognition of the Gelek Kalawilis Pasa right to land and customary forest covering an area of 3,247 hectares.

Silas Kalami, Chairman of the Malamoi Indigenous Peoples Institution (LMA), expressed his appreciation to the local government for making the decision to recognize the rights of the indigenous peoples of Moi Gelek Malak Klawilis Pasa. This decision has been awaited by the public since the issuance of the Sorong Regency Regional Regulation Number 10 of 2017 concerning the Recognition and Protection of Indigenous Peoples in Sorong Regency.

“This Regent’s decision is the first in Sorong Regency. Through the recognition of community rights, it will be stronger to protect customary forests and lands. The community must protect the forest and customary land for the sustainability of life. If there is development that comes in, it must adapt to the needs of indigenous peoples, not at the expense of indigenous peoples. If the forest and land no longer exist, they can no longer be referred to as indigenous peoples,” said Silas.

“We, Gelek Malak, have proven that we can protect customary lands and forests, we are setting an example for other clans to jointly protect customary forests and lands. We are happy to have received the Decree of Recognition, whether other people want to join like me, I invite other clans to support the regent in rejecting oil palm plantations”, said Herman Malak, Head of the Gelek Malak clan at Kalawilis Pasa.

The Regent of Sorong, Johny Kamuru, conveyed this decision as a form of my commitment to protect the rights of indigenous peoples, if forests and lands are managed properly by the community, it will provide life for all living people, but there are still one or two people who want to control all natural resources.

“As Regent, I have the momentum to evaluate and revoke palm oil plantation permits. Granting recognition of rights to the Gelek Malak clan so that the community maintains by managing the economy and utilizing existing natural resources, do not waste the opportunity to grant customary rights to indigenous peoples. This acknowledgment decree will be handed over to the National Land Agency for thorough consideration,” said Johny Kamuru, the Regent of Sorong, who was witnessed and greeted with applause from hundreds of traditional assembly participants.

At the same time, the Chairperson of the LMA also submitted the results of the customary trial of the Moi Indigenous Peoples, the Owners of Ulayat Rights against the presence of three oil palm plantation companies, PT Sorong Agro Sawitindo, PT Papua Lestari Abadi, PT Inti Kebun Lestari, to the Regent of Sorong who decided to support the Regent’s decision to revoke the decision permits for oil palm plantations and rejects the presence of oil palm plantations in the Moi customary territory. The regent said he would forward the decision of the customary court to the State Administrative Court as evidence at trial.

Franky Samperante from the Pusaka Bentala Rakyat Foundation said, welcoming the decision of the Sorong Regent, “We highly appreciate the Sorong Regent’s policy of recognizing the rights of the Moi indigenous people, Gelek Malak Kalawilis Pasa. This decision is very determined for the struggle of the Moi indigenous people to secure their customary lands and forests”.

“The recognition of the rights of indigenous peoples is a model solution that can be applied in all of Indonesia’s customary territories. With the results of the customary trial and the regent’s decision, we hope that the relevant institutions will respect it and then implement it. Recognition of the rights of indigenous peoples to manage their customary lands and forests is one of the efforts to protect the remaining natural forests,” concluded Nico Wamafma, Forest Campaigner for Greenpeace Indonesia.

Media Contact :

  1. Silas Kalami +62 821-9813-3740
  2. Agustinus Kalalu +62 858-9888-3681
  3. Franky Samperante +62 813 1728 6019

 

November 3, 2021 0 comment
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