PT Surya Panen Subur August 2009

Transcription

1 Field trip ti to Ti Tripa RSPO & Tripa Resolution PT Surya Panen Subur August 2009

2 NGOs Coalition calls on Astra (19 June 2008) to prevent further destruction in Tripa Yayasan Ekosistem Leuser PanEco Oxfam Sawit Watch Wetlands International Eye on Aceh Greenpeace Flora Fauna International Leuser International Foundation

3 Why? Objections by NGOs coalition on the grounds: 1. Concession of SPS is located in primary peat swamp forest and there are 3 meters in depth at several places; 2. Because the location is on shore, SPS is also a coastal area that has a function as buffer zone for tsunami; 3. SPS is located inside protected Leuser Eco system Area because this area has an extremely bio diversity and also as a habitat for orang utan; 4. Land procuring activities in SPS is presumed against the valid and required laws and regulations in Indonesia asfollows : 1. The Presidential Decree Number 32/1990 pertaining to Conservation Area; 2. Government Regulation Number 47/1997 pertaining to National Layout Plan; 3. Post Tsunami Master Plan to Rehabilitate and Reconstruct Aceh and Nias Islands; 4. Act Number 17/2007 pertaining to Kyoto Protocol on Climate Change; 5. Government Regulation Number 48/1991 pertaining to Convension on Wetland that assumes from International Interests; 6. Act Number 5/1994 pertaining to United Nations Convention on Bio Diversity; 7. Instruction of Governor of Nanggroe Aceh Darussalam Province Number 5/2007 pertaining i to prohibition of Illegal l Logging.

4 Responses from Astra a. Legal status of SPS s concession is HGU (Cultivation Right); b. SPS has carried out HCVF Assessment and becoming a proposed part of AMDAL (Analysis on Environmental Impacts) processes. HCVF Assessment 6,000 hectares including HCVF with peat area above3 meters depth; c. The Presidential Decree 32/1990 on Conservation Area, whereas it stipulates on article 10 that peat areal with 3 meters in depth shall be conserved. HCV proposal already conforms with the decree; d. Government Regulation Number 47/1997 on NationalSpatialPlan, it states criteria of conservation area article 33 paragraph 2, primary peat with 3 meters depth is conservation area. e. Act Number 17/2007 on the ratification of the Kyoto Protocol is discussing generally on Indonesia needs to enhance lands and forests capability in order to absorb Greenhouse Gasses is less relevant; f. Government Regulation Number 48/1991 on Convention on Wetlands when it assumes on international interests is also too general and with clause of to wish the prevention of disturbances and loss of wetland areas both for current and future era ; g. Act Number 5/1994 on the ratification of the United Nations Convention on biodiversity is also less relevant and too general. Moreover, HCVF proposal is already accommodated it. h. Instruction of Governor No. 5/1997 is to stop any illegal logging activities. SPS activities are not an illegal logging g activity, however, this is a land clearing at HGU area that has been deforested. i. One other thing that mentioned in the letter of NGOs coalition is about Leuser ecosystem area. Its legal base is according to Decree of Minister of Forestry Affairs No. 90/KPTS II/2001 re Leuser Ecosystem. On third decision point b of this Decree stated that right/permit to forest usage and or permit to use area inside id Leuser Ecosystem area that has been passed according to required and valid laws and regulations before the stipulation of this decree is valid until the maturity of its permit.

5 Astra group Trip to Tripa/PT SPS 2 1. Joko Supriyono ono(ho, Jakarta) 2. Muhamad Khoiri (Aceh, Manager Area) 3. Basyir (Community relation) 4. Djoniady y( (PT SPS 2, Project Operator) 5. Some field staff Sawit itwth(n Watch (Norman Jiwan, Head of Department, Social and Environmental Mitigation Initiatives) WALHI NAD (M Oki, Friends of the Earth Indonesia Nanggroe Aceh Darussalam chapter)

6 Trip to SPS 2: 4 August 2009

7 Burnt location in PT SPS 2 areas

8 Land planted with oil palm in PT SPS 2 (is it occupation?)

9 2 Rangkok birds: protected species (too far for a digital camera) Protected Rangkok bird (Rangkok, local name)

10 Replanted palm trees condition

11 Fire tower

12 Photo from fire tower (flat peat landscape/ecosystem?)

13 Closed worker housing (date of moratorium effective into force)

14 Water gate controls watertable/surface water streams

15 Water table regulates at 55 cm

16 Water gate built on 6 May 2009

17 5 August 2009 dialog with community leaders

18 HCV 41Signboard 4.1

19 Small stream of HCV (river buffer and riparian)

20 Krueng Muling (Muling river) subsistent bi and livelihood lih activities; iii traditional boat transports mother and son

21 Sacred site/grave (Kuburan Keramat) in PT SPS 2 areas

22 Broken HCV signboard

23 young mangrove (tsunami natural greenbelt/buffer)

24 The coast of Indonesian sea approximate 300 to 500 meters to sacred site/grave

25 2 orang Utan: at the opposite side of grave sacred site (no HCV signboard)

26 Hutan Malu Tua & Malu Tua Muda far view with draining canal dying vs. growing green

27 Hutan Malu Tua & Malu Tua Muda close view of dying vs. growing green

28 Hutan Malu Tua & Malu Tua Muda closer view of dying trees ongoing draining??? i

29 Findings 4 August 2009 Oil palm estate of SPS 2 located in peat soils/peatland ecosystemboth plantedandplanned and planned future plantingareas areas PT SPS 2 border with PT Kalista Alam (ongoing land clearing andexpanding activitiesintripa in peatland ecosystem) No activities since November 2008 (according to Astra) PT SPS 2 has stopped operation (vacuum) and some community leaders expect the company re activate its operations soon (local leader doesn t know when and why the company stopped operation/moratorium) The company built water gates to control water table at 55 cm (according to M Khoiri, Director Area, Astra Aceh) Some areas in PT SPS 2 location already planted with oil palm by local lpeople (unidentified dwho and from where???);

30 Field findings: 5 August 2009 PT SPS 2 concession in some areas are located in peatland ecosystem and HCV areas including: Coastal buffer zones Krueng Semayam (river) buffer/riparian Orang utan habitat Crocodile and big lizard (biawak) Sacred site (graveyard) Cultivated land of local communities gardens

31 Notes from dialog with local leaders (see attendance list) Indigenous population p living in the areas are Aceh people p and transmigrant from Java; There are 9 villages in operational sites PT SPS2 including transmigration settlement built in 1994/1995; The concession of PT SPS 1 and SPS 2 areas is the territory of kingdom customary land given to official government village administration (village head); Within Tripa areas are operating some oil palm plantation companies and mills of PT Socfindo, PT Kalista, PT GSM, and local people small palm plantations; Means of living, source of livelihoods and subsistent agriculture are rice farming, fishing, crop gardens, trades, cacao, oil palm, work with company;

32 Positive impacts The presence of company brings impact on economic improvement; Open road access and better connecting village to village; The company provides aids for orphans and poorer people (Imam spiritual leader/alim Ulama); the company provide to mosque (Imam spiritual leader/alim Ulama); Create employment tfor vicinity iiit communities (tth (at the moment around 600 still working at daily maintenance); Salarypayment ontime (compareto previous company owner/pt Citra often times delays salary payment late up to three month time); Improved business incomes in partner with PT SPS 2; 600 kg per month to 7 tons per month sold to PT SPS (rice supplier to PTSPS 1 and PT SPS 2);

33 Complaints of local people Weather is hot compare to before oil palm plantation companies converted Tripa s peat and forest Consequently, fish in river died; the latest case was in January 2009 (village head); Difficult to catch fish; water body decrease or cannot be used for water transportation because drained by oil palm plantation (hed of village); River badly covered with Enceng Gondok (water hyacinth plant) disturbed water body (pak Ridwan); Dirty rivers (people want clear and clean water; compare to before); Crocodile has never come to river; crocodile used as symbol that river ecosystem is still good; Religious leader spiritual alim ulama given no honor; PT Citra gave honorrp Rp. 200, per month mosque spritual leader; no honor since take over (pak Maksum)

34 Other issues Conservation of Tripa as an integral ecosystem prioritises the entire area where there also are PT Kalista, PT Socfindo, PT GSM, SPS1 & SPS2 and local lpeople oil palm plots; Conservation and ecosystem interests vs. economic development should go along altogether? How and by whom? Is AMDAL, legality & permits and supports from communties acceptable and legitimate? Controversy remain on hutan malu tua (myth old dying and death) whether due to draining ground water and water table drastically? How is identification of rights, recognition, and resolution over status tt over lands and rights iht of nearby local lcommunities? The previous company opened land used fires. Now fires still occur in the areas of PT SPS, how and who is responsible? Refer to 2005, 2007 including zero burning...

35 Dialog: Astra & NAD NGOs, 7 August Present: Joko Supriyono (HO Astra) Khoiri (Director, Astra Aceh Area) Djoniady (head of PT SPS project) Basyir Hasan (CD Area Manager)

36 PARTICIPANTS IN DIALOG

37

38 Introductory presentations 1. Astra, by Djoniady (head of project PT SPS) 2. Field findings of Tripa, Norman Jiwan (Sawit Watch) 3. NGO coalition: i Save Tripa Ecosystem, Bambang Antariksa (WALHI NAD) 4. Dialog: clarification and question remarks

39 Position of coalition to save Tripa (Bambang Antariksa, WALHI NAD) To immediately save Tripa, Ti Aceh hngo Coalition recommends: Moratorium on further land clearing all plantation oplerations in Tripa ecosystem areas; Resolution over all ongoing land ddisputes with ihlocal l communities of all companies operating in Tripa peatland, and restitution ofrights and land taken over from local communities in the areas To immediately review security management systems with organisations, of plantation company and/or government in Tripa peatland areas in line with ihapplicable laws.

40 Issues and expectations of NGOs NGO coalition to rescue Tripa: NGO appreciates it At Astra for its explanation and transparency with regard to Tripa and in line policy of the company NGO enquires hard copy of HCV assessment results, and map of locations of identified HCVs, and management proposal/efforts ofthe identified HCV areas inpt SPS concession (whereby NGO can help to provide substantial inputs) There must be joint study (Astra, NGO coalition, government) on the status and existence of Tripa ecosystem to seek comprehensive and acceptable clarification i and solutions There must be follow up dialog which must involve government and all operating companies in Tripa areas.

41 Responses from Astra Astra takes moratorium call of the NGOs coalition since November 2008 Legality of SPS is HGU HCV assessment 6000 identified and proposed to be conserved Environmentalimpact impact assessment (AMDAL) recommends 5000 ha should not be opened and should ldbe conserved Tripa concerns related to PT SPS 2 oil palm plantation can be solved as soon as possible.

42 Concluding remarks Ti Tripa area is part of Leuser ecosystem (officially i protected areas) There are some oil palm plantation companies operating in Tripa including PT SPS/Astra NGO coalition calls on all companies to take moratorium on new land clearing of anynewnew oilpalmplantationsto plantations to prevent further destruction in Tripa areas Astra/PT SPS 2 has taken moratorium since November 2008; still maintenance activities still take place Astra provides copies of AMDAL, HCV assessment, and HCV management document; Astra and NGO coalition agree to have follow up dialog (to be decided soon); NGO coalition asks Sawit Watch to facilitate and coordinate relevant follow up communication between Astra and NGO coalition