INPUT TO RSPO PRINCIPLES AND CRITERIA FOR OIL PALM SMALLHOLDERS

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1 INPUT TO RSPO PRINCIPLES AND CRITERIA FOR OIL PALM SMALLHOLDERS Indonesian Palm Oil Commission (IPOC) Pilot Project Financed by: Ministry of Agriculture, Nature and Food Quality of Nederland through Trilateral Partnership Nederland, Malaysia and Indonesia. METHOD Survey of HCV On and around Smallholders Plantations Possibilities Application of Principle &Criteria of RSPO for OilPalmSmall holders in Riau, 16 August 2006, WWF Riau Training on HCVF for Oil palm smallholders Workshop RESULT S & DISCUSSION Input to RSPO Principles and Criteria Application 1

2 The workshop was organized by WWF Riau Attendance: NGOs: Yayasan Elang, Yayasan Mitra Insani, Yayasan Alam Sumatera, Jikalahari, Yayasan Kaliptra, Hakiki, Aliansi Masyarakat Adat Riau Farmers: Aspekpir, Kab. Rokan Hilir, Kab. Siak, Kab. Indragiri Hilir Govt Agencies: Dinas Perkebunan Provinsi Riau HA ha (64.7%) ha (35,3%) LARGE PLANTATION SMALLHOLDERS PRIVATE PLTN ha (52,2%, or 81.2%) GOVERNMENT PLTN ha (12,5%, or 18.8%) PROJECT SMHLD: ha PIR BUN (17%) PIR TRANS (43.3%) KKPA (39.7%) NON- PROJECT SMHLD ha 2

3 CHARACTERISTICS OF SMALLHOLDERS NON-PROJECT SMALLHOLDERS Small in size Lack of access to information Lack of access to technology Used of uncertified planting materials Lack of management Lack of capital Family run company type Low productivity PROJECT SMALLHODERS -planting materials ) -technologies applied ) -management ) -capitals ) -plantations development) arranged by nucleus plantations OVERALL CONDITIONS OF PROJECT SMALLHOLDERS ARE BETTER THAN NON PROJECTS ONES 3

4 INTERACTION OF SMALLHOLDERS PLANTATION WITH HCVF SURVEY ON HCV Location 1 : South Kalimantan Prov. PT SAJANG HEULANG PLTN Date of survey : 1 3 July 2006 No. of farmers : 26 (KKPA Smallholders of PT SAJANG HEULANG) Location 2 : South Sumatra Prov. PT TANIA SELATAN Date of survey : July 2006 No. of farmers : 13 (8 Project ; 5 non-project smallholders) Location 3 : Sept 2006; 42 farmers Riau Prov. 4

5 Location Number of Farmers Project Non-P Education Area Owned (ha) Kab. Tanah Bumbu South Kalimantan Prov ES 11 (42%) HS 13 (50%) Univ. 2 (8%) 2 10 Kab. Ogan Komering Ilir South Sumatera Prov. 8 5 ES 6 (46%) HS 5 (39%) Univ.2 (15%) 2 40 Kab. Siak Riau Prov ES 11 (65%) HS 6 (35%) 2 13 Kab. Pelalawan Riau Prov ES 11 (44%) HS 14 (56%) 2 40 Result of HCV Survey around Smallholder s Plantations HCV (or HCV element) Present Potentially Present Absent HCV 1 Forest areas containing globally, regionally or nationally significant concentrations of biodiversity values (e.g. endemism, endangered species, refugia) HCV 1.1 Protected area HCV 1.2 Critically endangered species HCV 1.3 Concentration of endangered, threatened or endemic species HCV 1.4 Critical temporal concentrations NATIONAL PARK TIGERS, ELEPPHANT, ORANG UTAN etc. FRESH WATER SWAMP, PEAT SWAMP, RIPARIAN FOREST 5

6 Potentially HCV (or HCV element) Present Absent Present HCV 2 Globally, regionally or nationally significant large landscape level forest HCV 2.1 FMU is a large landscape forest HCV 2.2 FMU is an integral part of a large level landscape forest HCV 2.3 FMU maintains viable populations of most naturally occurring species.hcv 3 Forest areas that are in or contain rare, threatened or endangered ecosystems Peat swamp forest HCV (or HCV element) Present Potentially Present Absent HCV 4. Forest areas that provide basic services of nature in critical situations (e.g. watershed protection, erosion control) HCV 4.1 Unique sources of water for daily use HCV 4.2 Forest critical to water catchments and erosion control HCV 4.3 Forest providing a barrier to the spread of fire HCV 4.4 Forest with critical impact on agriculture and aquaculture RIVERS, SPRINGS, STREAMS, WELLS BUFFER ZONE RIVERS, LAKES 6

7 HCV (or HCV element) Present Potentially Present Absent HCV 5 Forest areas fundamental to meeting basic needs of local communities (e.g. subsistence, health) -Source of food -Source of materials for housing -Timber and non-timber MEAT, FISH, FRUITS, RATTAN, TIMBER HCV 6 Forest areas critical to local communities traditional cultural identity Protected forest under traditional communities laws TALANG MAMAK, KUBU, DAYAK INTERACTION 1.Conversion of protected forest or its borders 2.Increasing risk of fire 3.Increasing access to forest area 4.Illegal logging 5.Murdering endangered species to protect plantations 6.Disturbing biology corridor 7.Draining of adjacent swamp area 8.Fragmentation of forest 9.Planting oil palm on steep slope and river bank 10.Application of pesticide & fertilizers uncontrolled (do not use IPM) 11.Illegal hunting and fishing 7

8 CONCLUSION 1. In the smallholders plantation areas, HCVF is hardly found since most of the plantations were developed from agriculture area 2. Mostly found HCV are HCV 1 and 4, they are rivers that use for daily water source and aquaculture 3. Practices in smallholders plantations which affected HCV : -burning for land clearing -planting on steep terrain and river banks -do not grow cover crops -used of pesticides and fertilizers (beyond standard) -killing endangered species to protect agricultural area -convertion of protected forest or its borders to plantations as a result of failed to follow procedure of plantation establishment PRINCIPLE 1: Commitment to transparency Criteria Criterion 1.1 Oil palm growers and millers provide adequate information to other stakeholders on environmental, social and legal issues relevant to RSPO criteria, in appropriate languages & forms to allow for effective participation on decision making Suggestion Guidance -Farmers should response constructively to requests information from other parties. Environmental, social and legal issues found in SEIA Comments Non-project smallholders do not have to do Social, Environment Impact (SEI) Analysis, but for project smallholders the nucleus will do. 8

9 Criterion 1.2 Management documents are publicly available, except where this is prevented by commercial confidentiality or where disclosure of information would result in negative environmental or social outcomes -Documents that are publicly open: land titles/user right. Document should shows that plantations do not overlap with protected area farmers willing to share the historical background of their land records on pesticides/fertilizer used Non-project smallholders may not have land certificate, therefore land titles issued by sub-district will be enough PRINCIPLE 2: Compliance with applicable laws and regulations Criteria Criterion 2.1 There is compliance with all applicable local, national and ratified international laws and regulations Suggestion guidance Farmers should comply to: UU Perkebunan No. 18, especially related to permits and joint ventures UU Ketenagakerjaan No. 13, especially related to child labors Pesticide used regulations Comments Farmers require to know all laws and regulations that closely relevant to plantation practices (labor, enviromental, GAPs) 9

10 Regulations of environmental protection (related to banned pesticides, erosion, pollution, use of fire for land preparation) Criterion 2.2 The right to use land can be demonstrated, and is not legitimately contested by local communities with demonstrable rights Farmers can demonstrate the right to use the land and there is no dispute Project smallholders have land certificates. Nonproject smallholders should have other types of land use documents (document that issued by subdistrict = camat) Criterion 2.3 Use of the land for oil palm does not diminish the legal rights, or customary rights, of other users, without their free, prior and informed consent Farmers can demonstrate that there is no disputes Farmers do not have good documentation system, therefore statement from local govt. agency may be needed 10

11 PRINCIPLE 3: Commitment to long-term economic and financial viability Criteria Criterion 3.1 There is an implemented management plan that aims to achieve long-term economic and financial viability Suggestion guidance Farmers be able to demonstrate that: they know their production expectation is going to be in 3 years period they know where to get information and new technologies they know important factors which affect the productivity and production cost Comments Project smallholders can get information and technologies from nucleus estate, and the non-project smallholders from farmers organization or government agencies PRINCIPLE 4: Use of appropriate best practices by growers and millers Criteria Criterion 4.1 Operating procedures are appropriately documented and consistently implemented and monitored Suggestion guidance Project smallholders take note of best practices suggested by nucleus and apply. Non-project smallholders take note of best practices suggested by government agencies or farmers organization. Comments 11

12 Criterion 4.2 Practices maintain soil fertility at, or where possible improve soil fertility to a level that ensures optimal and sustained yield Farmers be able to demonstrate that they understand soil fertility concept (organic and nutrients) and factors that effect it, and know how to maintain it and to take appropriate actions Farmers association or government agencies provide farmers with techniques and information about fertilizer application, EFB application, cover crops, erosion. Criterion 4.3 Practice minimize and control erosion and degradation of soils Farmers should know factors that affect erosion and degradation of soils Farmers understand to minimize erosion and implement it The nucleus estate provide project- smallholders information, and government agencies provide non-project smallholders 12

13 Criterion 4.4 Practices maintain the quality of and availability of surface and ground water Farmers should understand factors that affect the quality of water and maintain it Nucleus estate or govt agencies explain to farmers effect of pesticide and fertilizers application, planting on steep slope, riverbank, or catchment area on quality of and availability of surface and ground water Criterion 4.5 Pest diseases, weeds and invasive introduced species are effectively managed through using appropriate Integrated Pest Management (IPM) technique Farmers can demonstrate that they understand the IPM concept, and apply it Nucleus estate provide project smallholders the IPM technique and how to apply it, government agencies provide non-project smallholders one. 13

14 Criterion 4.6 Agrochemicals are used in a way that does not endanger health or the environment. There is no prophylactic use, and where agrochemicals are used that are categorized as WHO Type 1A or 1B, or are listed by the Stockholm or Rotterdam Conventions, growers are actively seeking to identify alternatives, and this is documented Farmers should understand use of agrochemicals in a way which are safe for health and environment and apply it Farmers should understand the way to store and dispose agrochemicals safely Farmers should know the banned pesticides and not to use them Nucleus estate and government agencies provide smallholders: -the technique and information how to apply pesticide safe for health and environment -the list of banned pesticide -the list of pesticide which is used in plantations -how to minimize of using pesticides (apply IPM) Criterion 4.7 An occupational health and safety plan is documented, effectively communicated and implemented Farmers write down all risky practices in the estate and build a safe working plan Farmers write down notes on pesticides used (brand, dosage, application method) Farmers can demonstrate that they have been trained to use pesticides Nucleus estate and government agencies provide smallholders: -information and technique how to apply pesticide -training 14

15 Criterion 4.8 All staff, workers, smallholders and contractors are appropriately trained Farmers could prove that they have been trained on their present job Employees of smallholders also need trainings and enough skill through extension service by the farmers or mills who bought their fresh palm oil bunches, farmers association or other institutes Notes and documents not needed The date of training and materials given are documented PRINCIPLE 5: Environmental responsibility and conservation of natural resources and biodiversity Criteria Criterion 5.1 Aspects of plantation and mill management that have environmental impacts are identified, and plans to mitigate the negative impacts and promote the positive ones are made, implemented and monitored, to demonstrate continuous improvement Suggestion guidance Farmers are supposed to understand the negative impacts of their practices and to minimize them (especially land clearing, fertilizing, pesticide application, river bank erosion) Comments SEIA for project smallholders is carried out by nucleus estate, and non-project smallholders are not required to do SEIA 15

16 Criterion 5.2 The status of rare, threatened or endangered species and high conservation value habitats, if any, that exist in the plant-ation or that could be affected by plantation or mill management. shall be identified and their conservation taken into account in management plans and operations. Farmers supposed to know : -the rare, endangered species and high conservation habitat -how to manage conflicts Govt. agencies should provide smallholders with the list of endangered species and explanation what should be done if people come into conflict with protected species Criterion 5.3 Waste is reduced, recycled, re-used and disposed of in an environmentally and socially responsible manner Farmers are supposed to understand and apply : how to dispose chemicals and its container safely how to apply empty bunch and factory effluent in the field Criterion 5.4 Efficiency of energy use and use of renewable energy is maximized Not applicable to farmers 16

17 Criterion 5.5 Use of fire for waste disposal and land preparation for replanting is avoided except in specific situations, as identified in the ASEAN guidelines or other regional best practice. Farmers should be aware that burning for land clearing and waste disposal are against the law, and they should obey Farmers should have other ways for land clearing Government agencies should provide farmers the technique of land clearing without burning. The technique suggested in Guidelines for the Implementation of the Asean Policy on Zero Burning can be used: felling stacking of residual wood biomass legume cover establishment. Constrain: - expensive - time consuming Criterion 5.6 Plans to reduce pollution and emissions, incl. greenhouse gases, are developed, implemented and monitored Not applicable to farmers 17

18 PRINCIPLE 6: Responsible consideration of employees and of individuals and communities affected by growers and mills Criteria Suggestion guidance Comments Criterion 6.1 Aspects of plantation and mill management that have social impacts are identified in a participatory way, and plans to mitigate the negative impacts and promote the positive ones are made, implemented and monitored, to demonstrate continuous improvement Not applied to nonproject smallholders. Plasma should have list of their activities that have negative impacts and have program to mitigate Social impact analysis on the project smallholders land will be done by nucleus Criterion 6.2 There are open and transparent methods for communication and consultation between growers and/or mills, local communities and other affected or interested parties For projectsmallholders, the nucleus or farmers organization will develop a system Non-project smallholders do not need a system, but should respond constructively to every complaints from other parties 18

19 Criterion 6.3 There is a mutually agreed and documented system for dealing with complaints and grievances, which is implemented and accepted by all parties For projectsmallholders, the nucleus or farmers organization will develop a system Non-project smallholders do not need a system, but should respond constructively every complaints from other parties. A written agreement should be available. Criterion 6.4 Any negotiations concerning compensation for loss of legal or customary rights are dealt with through a documented system that enables indigenous peoples, local communities and other stakeholders to express their views through their own representatives institutions. Farmers must be able to demonstrate that they have the right to use the land or to show documents that compensation for loss of legal or customary rights other parties has been settled up fairly. 19

20 Criterion 6.5 Pay and conditions for employees and for employees of contractors always meet at least legal or industry minimum standards and are sufficient to meet basic needs of personnel and to provide some discretionary income. Farmers should pay employees according to minimum regional wage standard Criterion 6.6 The employer respects the right of all personnel to form and join trade unions of their choice and to bargain collectively. Where the right freedom of association and collective bargaining are restricted under law, the employer facilitates parallel means of independent and free association and bargaining for all such personnel. Not applied to smallholders It is found today that some smallholders have quite large of plantation area (> 50 ha) and employ people. In this case Criterion 6.6 is applied. 20

21 Criterion 6.7 Child labor is not used. Children are not exposed to hazardous working conditions. Work by children is acceptable on family farms, under adult supervision, and when not interfering with education program Farmers should be aware of the labor law (UU RI No. 13) and regulation: -child labors only on family farm -work under adult supervision - do not interfere with their education program -do not expose to a risky work Criterion 6.8 The employer shall not engage in or support discrimination based on race, caste, national origin, religion, disability, gender, sexual orientation, union membership, political affiliation or age. Not applied to smallholders It is applied to a big smallholders. Farmers do not engage in discrimination: especially base on origin (local vs trans), religion, race. Criterion 6.9 A policy to prevent sexual harassment and all other forms of violence against women and to protect their reproductive rights is developed and applied. There should be no sexual harassment or any other form of violence against women and their reproductive rights should be protected 21

22 Criterion 6.10 Growers and mills deal fairly and transparently with smallholders and other local businesses. Criterion 6.11 Growers and millers contribute to local sustainable development wherever appropriate Not applied to smallholders Smallholders should contribute to community development: -support development of public needs (school, mosque, church ect.) The smallholders contribution to community development can be done through farmer s organizations and cooperative (KUD) PRINCIPLE 7: Responsible development of new plantings Criteria Criterion 7.1 A comprehensive and participatory independent social and environment impact assessment is undertaken prior to establishing new plantings or operations, or expanding existing ones, and the results incorporated into planning, management and operations. Suggestion guidance Social and environment impact assessment for project smallholders is done by nucleus Not applicable to independent smallholders Comments 22

23 Criterion 7.2 Soil surveys and topographic information are used for site planning in the establishment of new plantings, and results are incorporated into plans and operations. Smallholders, of close by locations, should do a soil and topography survey to decide land suitability which could get help from farmers association or mills buying their fresh palm oil bunches Criterion 7.3 New plantings since Nov 2005 (which is the expected date of adoption of these criteria by the RSPO membership), have not replaced primary forest or any area containing one or more high conservation values New smallholders plantations should not replace any hcvf. Farmers should have permit to develop plantation from govt agencies or report to (Disbun) in order to avoid destruction of protected area. 23

24 Criterion 7.4 Extensive planting on steep terrain, and/or on marginal and fragile soils, is avoided. Farmers should not to grow oil palm on steep or marginal land Criterion 7.5 No new plantings are established on local peoples land without their free, prior and informed consent, dealt with through a documented system that enables indigenous peoples, local communities and other stakeholders to express their views through their own representatives institutions. Farmers have to have right to use land before establishing a plantation. The right can be demonstrated through a document that shows other rights have been respected. Documents shows the right of local people, indigenous people, protected area have been considered 24

25 Criterion 7.6 Local people are compensated for any agreed land acquisitions and relinquishment of rights, subject to their free, prior and informed consent and negotiated agreements. Farmers should have a land transaction document if the land was bought from the former owner Criterion 7.7 Use of fire in the preparation of new plantings is avoided other than in specific situations as identified in the ASEAN guidelines or other regional best practice Farmers are aware of and comply the law and regulations on using fire for land clearing 25

26 PRINCIPLE 8: Commitment to continuous improvement in key areas of activity Criterion 8.1 Growers and millers regularly monitor and review their activities and develop implement action plans that allows demonstrable continuous improvement in key operations Not applied to smallholders. It is suggested farmers have record on: -all training that they received -all new technologies and source of them NGOs ORGANIZATION Dinas Perkebunan TK I and TK II (Govt agency) Organisasi Petani: (Farmer s Org) ORGANIZATION INVOLVED -KUD -Kelompok Tani INVOLVEMENT -Source of information and socialization (GAP, Law/Regulation, HCV, P&C) -Conducting training -Source of information and socialization (GAP and simple management) -Conducting training Source of information Perkebunan Inti: (Nucleus Estate Plntn) -Source of information (GAP, Law/Regulation, HCV, P&C) and socialization -Conducting training 26

27 CONCLUSION 1. Whenever the RSPO Principles and Criteria are applied to smallholders, a modification is needed because originally the P&C was arranged for large companies 2. Modification should be based on smallholders characteristics which are different from large companies 3. Adjustment on P&C evaluation system in smallholder plantations is needed related to its characteristics 4. Management skill improvement (documentation system) is needed among smallholders to implement P&C 5. Since nucleus estate, farmer organizations and government agencies have important role they must be trained too ACKNOWLEDGEMENT 1. Ministry of Agriculture, Nature and Food Quality of the Nederland 2. PT Minamas Gemilang 3. PT Tania Selatan 4. Asian Agri 5. PT Perkebunan Nusantara V 6. Asosiasi Petani Kelapa Sawit PIR Riau (ASPEKPIR) 7. Asosiasi Petani Kelapa Sawit Indonesia (APKASINDO) 27

28 THANK YOU 28

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