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Conflict or Consent? The oil palm sector at a crossroadsEdited by Marcus Colchester and Sophie ChaoAuthors: Christopher Fon Achobang, Afrizal, Leonard Alaza, Nikodemus Ale, Patrick Anderson, AndikoSutan Mancayo, Alfred Brownell, Fandy Achmad Chalifah, Sophie Chao, Wong Meng Chuo, IntanCinditiara, Marcus Colchester, Asep Yunan Firdaus, Nurul Firmansyah, Emmanuel Freudenthal, FatildaHasibuan, Hermawansyah, Thomas Jalong, Norman Jiwan, Justin Kenrick, Andi Kiki, Emilola Kleden,Tawangatri Kusumohartono, Tom Lomax, Agustinus Karlo Lumban Raja, Thapat Maneerat, Jean-MarieMuanda, Arthur Neame, Samuel Nguiffo, Kittisak Rattanakrajangsri, Y.L. Franky Samperante, BrendanSchwartz, Edy Subahani, Messe Venant, Stéphanie Vig, Portia Villarante, Isal Wardhana, Antonius PriyaniWidjaya and Zulkifli.ISBN: 978-0-9544252-7-2First edition: November 2013© FPP, Sawit Watch and TUK INDONESIAThe contents of this book may be reproduced and distributed for non-commercial purposes if prior notice isgiven to the copyright holders and the source and authors are duly acknowledged. The views presented inthis publication are not necessarily the views of the agencies that have funded this research. The case studiesin this volume were accurate as of the time of writing.Cover photo: Demonstration by Tongod villagers outside the Kota Kinabalu High Court, 15th May 2012,with placards reading ‘Don’t seize our rights’, ‘Land for livelihoods not for profiteering’ / Galus AhtoiDesign and layout: Dorothy JacksonForest Peoples Programme1c Fosseway Business CentreStratford RoadMoreton-in-MarshGL56 9NQ EnglandTel: + 44 1608 652893Fax: + 44 1608 652878Web: www.forestpeoples.orgCharity number: 1082158Perkumpulan SawitWatchPerumahan Bogor BaruBlok C1 No 10BogorWest JavaIndonesiaTel: + 62 251 8352171Fax: + 62 251 8352047Web: www.sawitwatch.or.idTransformasi untukKeadilan IndonesiaJl. Kecapi Raya,No. 1, Jagakarsa,Jakarta Selatan 12620,IndonesiaTel: +62 21 78890257Fax: +62 78890258Web: www.tuk.or.id4
Page 3: Conflict or Consent?The oil palm se
Page 7: MalaysiaChapter 9: Sarawak: IOI-Pel
Page 10 and 11: AcronymsACDIACHPRACLRADBADEVAKPASIA
Page 12 and 13: IFAD International Fund for Agricul
Page 14 and 15: SDASECDSEFESGSOCSIASITUSIUPSKPDSKTS
Page 16 and 17: for large-scale land conversion to
Page 18 and 19: standard accords with international
Page 20 and 21: Bank is not intending to review or
Page 22 and 23: professionals employed in the land
Page 24 and 25: in Malaysia, where it operates 12 p
Page 26 and 27: consent of the community. Continued
Page 28 and 29: smallholders and local capitalists
Page 30 and 31: from local communities have been me
Page 32 and 33: FPP 2012b ‘Liberia: agri-business
Page 34 and 35: framework. UN Doc. A/HRC/17/31. Ava
Page 36 and 37: 1PT Agrowiratama and the Melayu and
Page 38 and 39: lands, part of the forest regenerat
Page 40 and 41: • n Map showing location of PT Ag
Page 42 and 43: family with ancestral links to Sult
Page 44 and 45: that a conversion process was neces
Page 46 and 47: expectations. Is there a deal going
Page 48 and 49: We understand that under this law,
Page 50 and 51: stated 4,000 ha in the annual villa
Page 52 and 53: Proxies of representationTP3KBupati
Page 54 and 55:
of Sabung about its projected activ
Page 56 and 57:
at the village level to engage cust
Page 58 and 59:
• n Map of land use in the conces
Page 60 and 61:
of their HCV Assessment to relevant
Page 62 and 63:
2PTSurya Sawit Sejati and the Warin
Page 64 and 65:
History, peoples and tenureTwo vill
Page 66 and 67:
2. Location Permit (Izin Lokasi)•
Page 68 and 69:
Furthermore, it appears that insuff
Page 70 and 71:
In addition, whereas legally AMDALa
Page 72 and 73:
Responses to questions from the res
Page 74 and 75:
No. Types of Letters No. Location I
Page 76 and 77:
Endnotes by Notary Eko Soemarno on
Page 78 and 79:
compliance with the RSPO principles
Page 80 and 81:
saw the expansion of colonial explo
Page 82 and 83:
to land in the face of incoming pre
Page 84 and 85:
•§HCV 6 areas (Forest areas crit
Page 86 and 87:
unfulfilled promises of employment
Page 88 and 89:
Hinting Pali ritual in Pondok Damar
Page 90 and 91:
• n HCV 4.2 in PT Mustika Sembulu
Page 92 and 93:
Women interviewed in the village al
Page 94 and 95:
The village head explained that a v
Page 96 and 97:
meeting. One individual happened to
Page 98 and 99:
upiah for Tarang. Both rejected the
Page 100 and 101:
We thought economic benefits would
Page 102 and 103:
mechanism has been set up by the co
Page 104 and 105:
Business Registration Letter must a
Page 106 and 107:
Recommendations from PT MustikaSemb
Page 108 and 109:
languages & forms to allow for effe
Page 110 and 111:
is close to the coast, and includes
Page 112 and 113:
123.71 km². All the land has been
Page 114 and 115:
village government system was aboli
Page 116 and 117:
No. Types of Letters No. Location I
Page 118 and 119:
•§Application to the Head of BKP
Page 120 and 121:
This is contrary to the provision o
Page 122 and 123:
Process of land acquisitionThe land
Page 124 and 125:
Considering the requirement on RSPO
Page 126 and 127:
• n Pak Bahar being interviewed b
Page 128 and 129:
Perspectives of an indwak, a women
Page 130 and 131:
National and Provincial laws do rec
Page 132 and 133:
the Decree of the State Minister of
Page 134 and 135:
as Business Use Rights (Hak Guna Us
Page 136 and 137:
has created ethnic segregations as
Page 138 and 139:
the first nurseries were establishe
Page 140 and 141:
No 03/95, 6 th September 1995 (Lest
Page 142 and 143:
The company states that sosialisasi
Page 144 and 145:
• n Village head of Kembang Jengg
Page 146 and 147:
information on their own through ch
Page 148 and 149:
official stamp. As a result, on a n
Page 150 and 151:
Finally, with regards to FPIC, whil
Page 152 and 153:
organisations. The REA Kon staff al
Page 154 and 155:
turn allowing for occasional opport
Page 156 and 157:
CUC audit of PT REA Kaltim Plantati
Page 158 and 159:
Furthermore, Article 1338 paragraph
Page 160 and 161:
and discussions over issues such as
Page 162 and 163:
Plantations in resolving land compe
Page 164 and 165:
30. The company states that Hambau
Page 166 and 167:
83. Law of the Republic of Indonesi
Page 168 and 169:
as part of the autonomous region of
Page 170 and 171:
• n RSPO member companies operati
Page 172 and 173:
(4) Report activity results and any
Page 174 and 175:
2011. 18 Flambo International Ltd.
Page 176 and 177:
Resubmission- Only 1 attempt- 4 wee
Page 178 and 179:
In April 2008, PT BNM officially be
Page 180 and 181:
Peoples and land tenureThe majority
Page 182 and 183:
the village’) which distinguishes
Page 184 and 185:
oundaries with Manggungan hamlet to
Page 186 and 187:
membuta mengicingan mata membajimen
Page 188 and 189:
enough protection to community cont
Page 190 and 191:
Principles of contractual agreement
Page 192 and 193:
Social impacts of land acquisitionI
Page 194 and 195:
user rights of indigenous communiti
Page 196 and 197:
communities are complaining of poll
Page 198 and 199:
sell or surrender these areas. Fina
Page 200 and 201:
Regent Regulation 6 of 2006 on Pera
Page 202 and 203:
commits acts prohibited by the Plan
Page 204 and 205:
Endnotes1. Director, Transformasi U
Page 206 and 207:
7Update on IFC CAO mediation in PT
Page 208 and 209:
carry out a detailed assessment of
Page 210 and 211:
YearProduction (inMetric Tonnes)% c
Page 212 and 213:
eports indicate that the Department
Page 214 and 215:
• n Nursery of Agumil Plantations
Page 216 and 217:
management of Agumil. Seedlings are
Page 218 and 219:
National legal framework of landacq
Page 220 and 221:
concentration of land ownership in
Page 222 and 223:
Assessor of Sofronio Española is a
Page 224 and 225:
• n Plantation workers in Baranga
Page 226 and 227:
member of the Tapisan growers’ co
Page 228 and 229:
• n Group discussion with Pala’
Page 230 and 231:
Perspectives: the local communities
Page 232 and 233:
the land title and that loans for p
Page 234 and 235:
on its tendency to quickly traverse
Page 236 and 237:
RecommendationsIn the light of the
Page 238 and 239:
Republic Act No. 7881. An Act Amend
Page 240 and 241:
9Sarawak: IOI-Pelita and the commun
Page 242 and 243:
• n The Tinjar, where the IOI-Pel
Page 244 and 245:
• n Old photograph showing a Keny
Page 246 and 247:
Section 46 thus enabled the governm
Page 248 and 249:
All my plants were bulldozed by Rin
Page 250 and 251:
•§that the issuance of a lease o
Page 252 and 253:
that this may take some time but in
Page 254 and 255:
The IOI-Pelita case was again consi
Page 256 and 257:
entering their estates. 107 Since t
Page 258 and 259:
operations. It also recognised the
Page 260 and 261:
indigenous peoples, local communiti
Page 262 and 263:
RSPOThe RSPO Executive Board, Compl
Page 264 and 265:
IOI 2010 IOI Corporation Bhd’s st
Page 266 and 267:
102. Earlier in 2011, there had bee
Page 268 and 269:
• n Entrance to the Genting Tanju
Page 270 and 271:
granted to the North Borneo Company
Page 272 and 273:
objected to it. 18 Once the road ca
Page 274 and 275:
on the Department’s own record, b
Page 276 and 277:
and Australia these principles are
Page 278 and 279:
This was the very same year that Ha
Page 280 and 281:
have either received Code of Good A
Page 282 and 283:
Community members also appealed to
Page 284 and 285:
• n Community mapping done with t
Page 286 and 287:
The current intransigence of the go
Page 288 and 289:
arrived in Sabah in c. 1200 AD or f
Page 290 and 291:
The Mani people of Thailand on the1
Page 292 and 293:
• n Regional map showing approxim
Page 294 and 295:
and areas of sea-grass along the sh
Page 296 and 297:
wide range of forest products for t
Page 298 and 299:
depleted or they feel the need for
Page 300 and 301:
LandIn discussions about their land
Page 302 and 303:
more food in the forest for them. M
Page 304 and 305:
care but they are still concerned a
Page 306 and 307:
increases revenue for administratio
Page 308 and 309:
Taber R 1970 (1965) The war of the
Page 310 and 311:
12Sime Darby oil palm and rubber pl
Page 312 and 313:
Cash crops are planted by community
Page 314 and 315:
In its provisions for the purchase
Page 316 and 317:
Protection Act explains that the co
Page 318 and 319:
International legal best practice i
Page 320 and 321:
special mechanisms (ie the independ
Page 322 and 323:
customary communities over their la
Page 324 and 325:
Sime Darby also sought and obtained
Page 326 and 327:
The company have failed to make the
Page 328 and 329:
n • Customary land cleared and pl
Page 330 and 331:
activities, including water-borne d
Page 332 and 333:
Land Commission, and Blamoh Nelson,
Page 334 and 335:
meet its sustainable development am
Page 336 and 337:
Warranty Deed; Aborigines Land Deed
Page 338 and 339:
cooperation and advisory services i
Page 340 and 341:
13Summary case study on the situati
Page 342 and 343:
of the RSPO Principles & Criteria (
Page 344 and 345:
Endnotes1. As per 16 th August 2010
Page 346 and 347:
Cameroon, BioPalm also claims that
Page 348 and 349:
generations will cultivate in the f
Page 350 and 351:
de-classification of the FMU as sta
Page 352 and 353:
•§Make recommendations to the pr
Page 354 and 355:
laws where they fall short of inter
Page 356 and 357:
land without their free, prior and
Page 358 and 359:
village, who had been dealing direc
Page 360 and 361:
of the Bagyeli People and Other Loc
Page 362 and 363:
to property (Art. 14) and to develo
Page 364 and 365:
Cameroon recently ceded a large amo
Page 366 and 367:
Mundemba - TokoMundemba - Toko are
Page 368 and 369:
and land clearing, in order to crea
Page 370 and 371:
What has the company or thegovernme
Page 372 and 373:
clearly violating human rights reco
Page 374 and 375:
68 of the 69 respondents stated the
Page 376 and 377:
promote voluntary best practice ini
Page 378 and 379:
Sub-divison Village PopulationMunde
Page 380 and 381:
16Democratic Republic of Congo: Con
Page 382 and 383:
should be noted that this process a
Page 384 and 385:
• n Congo Oil and Derivatives Pla
Page 386 and 387:
years (COD’s concession contract
Page 388 and 389:
of Environment of Bas-Congo had, pr
Page 390 and 391:
15. Available at http://www.preside
Page 392 and 393:
compensation and benefits offered t
Page 394 and 395:
y the company but not shared with t
Page 396 and 397:
divide communities causing serious
Page 398 and 399:
agencies admit to being overwhelmed
Page 400 and 401:
Communities’ rights to their land
Page 402 and 403:
communities, to avoid homogenisatio
Page 404 and 405:
and accountability of these mechani
Page 406 and 407:
the level of central ministries, th
Page 408 and 409:
RSPO 2007b Certification Systems. A
Page 410 and 411:
perpetuation of cultural distinctiv
Page 412 and 413:
The term is used throughout the stu
Page 414 and 415:
Nikodemus AleNikodemus Ale was born
Page 416 and 417:
Fatilda HasibuanFatilda Hasibuan wo
Page 418 and 419:
Thapat ManeeratThapat Maneerat has
Page 420 and 421:
Isal WardhanaIsal (Ical) Wardhana w
Page 422 and 423:
AnthrowatchAnthropology Watch, Inc.
Page 424 and 425:
Institute for Development of Altern
Page 428:
Conflict or Consent?The palm oil se
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