Evaluating Ineffectiveness of ASEAN Haze Agreement

Laode M Syarif, Ph.DFaculty of Law- Hasanuddin University

Partnership for Governance Reform in Indonesia

…..YES….Indonesia is…morally and legally …

responsible for the fires

YOUr

Here

I’mfromHere

Riau Provinceand

SingaporeSee the distance

Singapore

Total land Area

716.1 sq km (71,610 ha) or 276 sq mi

Chronology of the ‘big’ fires

• 1982-1983: 3.2 M ha

• 1991 : 500.000 ha

• 1994: 5 M ha

Sources: S. Tahir Qadri, (2001), Anne Guyon & Dicky Simorangkir (2002)Forest Watch Indonesia-Global Forest Watch, The State of the Forest: Indonesia, (2000)

Photo: CIFOR

The ‘Summit’ of Fire 1997-1998

11.7 million ha and affecting almost all AMS

Photo: Meteorological Service of Singapore, 12 Oct 1997

To CUT the story short… every dry season ‘April to August’We have a ‘barbeque party’ in our

backyard ______________________________

Special Note: The Government has never produce official data on the size of the forest fire, but I can easily guess

the actual size of the fire…

Last Year (2014) Fire

Four Sumatran tigers spotted on people plantation, the government offices and schools were closed.

Where the Fire come from?

Concession AreasHigh Resolution

2005 FiresSumatera

2013-Where is the Fire come from?

Export to Singapore

Before reaching KL and Singapore

Why….Why….Why… ???

We want THIS ‘nice’ View

• 8 Million Hectares (2013)

• 13 Million Hectares (2020)

• Most of them are located in Sumatera and Kalimantan (Borneo)

(Source: Ministry of Agriculture, 2013)

Total area of Oil Palm Plantation

2010 2011 2012 2013

Production 21.8 23.5 26.5 28.0

Export (MT) 15.6 16.5 18.1 21.0

Export (USD-Billion)

16.4 20.2 21.6 N/A

Sources: FAO, Indonesian Palm Oil Producers Association (Gapki)

and Indonesian Ministry of Agriculture

Indonesia’s Palm Oil Production and Export

We are still EXPANDING

Who are the people behind the fire?

They are..

1. PT Langgam Inti Hibrida,

2. PT Bumi Reksa Nusa Sejati,

3. PT Tunggal Mitra Plantation,

4. PT Udaya Loh Denawi,

5. PT Adei Plantation,6. PT Jatim Jaya Perkasa,

7. PT Multi Gambut Industri,

8. PT Mustika Agro Lestari.

9. Hundreds of Local people

(Balthasar Kambuaya-Minister of Environment- Jakarta Post, 23/6/2013).

ASEAN Response to TAP/Haze

ASEAN has produced several ‘General’ and ‘Specific’ Soft Laws

and Hard Laws on TAP/Haze issues

Special TAP/Haze Instruments

• Jakarta Declaration on Environment and Development

calls upon AMS to cooperate and render assistance wherever possible, to prevent and control all domestic sources of pollution and activities that could contribute towards transboundary pollution, including haze formation.

• ASEAN Cooperation Plan on Transboundary Pollution

– assess the origin, main causes, and nature of transboundary atmospheric pollution;

– prevent and control the source of haze at both national and regional level by applying environmentally sound technologies; and

– develop and implement national and regional emergency response plans.

ASEAN ‘hard’ but ‘soft’ law Instruments

Hard Law Instruments

• 1985 ASEAN Agreement on the Conservation of Nature and Natural Resources

• 2002 ASEAN Agreement on Transboundary Haze

• 2007 ASEAN Charter

State Responsibilities under AHA

• enacting special law on forest fires,

• share information with other AMS,

• established focal point and ‘competent’

authorities,

• conducting monitoring and assessment,

• joint emergency response, and

• other ”administrative” requirements.

All countries have ‘fulfilled’ their ‘responsibilities’

Implementation Challenges

• Very late-ratification of Indonesia

• Lack of political will of the government to enforce the existing law

• Lack of capacity of national and sub-national government to deal with the fires.

The Response of Jokowi Administration

2015 will be Warmer than 2014

Hot Spots in Sumatra/Riau 2015

“ONLY” Around 72 Hot Spots in Sumatra and Riau April-June 2015(Detik.Com)

Nawa Cita: Nine Promises of Jokowi-JK

• Protect Indonesian people and provide security to all citizens & reinstate Indonesia as Maritime Axis

• Clean, effective, democratic, and reliable governance,.

• Build Indonesia from its periphery • Fight corruption and reliable law enforcement.• Improve the quality of education –health- and

people welfare• Improve people’s productivity & competitiveness• Achieve economic independence • Revolutionise the nation’s character building.• Strengthen social cohesion and dialogue among

citizens.

Note: Translated into: 4-3-1 Development Targets:4: food-energy-marine-infastructure. 3: education-health-poverty.

1: bureaucratic reform. …and ENVIRONMENT is NOT in the Agenda

Peat soil Canal Blocking

“I have told the Minister of Environment and Forestry to review the licenses of the companies that have converted peatlands into monoculture plantations if they are found damaging the ecosystem.”

President: Eco-Business: 2 Dec 2014

Merged of Ministry of Environment andMinistry of Forestry

• DG of Forestry and Environmental Planning;• DG of Natural Resources and Ecosystem Conservation• DG of Watershed Protected Forest• DG of Sustainable Management of Forest Production• DG of Pollution Control and Environmental Degradation• DG of Solid Waste and Toxic Hazardous Substances;• DG of Climate Change• DG of Social Forestry and Environmental Partnership • DG of Law Enforcement

Presidential Instruction on Forest Moratorium‘SBY-Legacy’

Moratorium Indicative Map 2011

President Instruction on the Postponement of New Permitand the Enhancement of Forest Governance

in Primary Forest and Peat Land2011

Extension of Moratorium for another 2 years

The Same Content with additional Emphasis to update the Moratorium Indicative Map and More DETAIL

Action Plans

Just Extended by Jokowi

Note: No Improvement on the content and the targets of the InPres

Indonesia Palm Oil Pledge (IPOP),

• Executives from palm oil giants: Wilmar, Cargill and Golden Agri-Resources (GAR) appeared at a green investment summit in Jakarta this week, providing a window into the nature of a high-profile, joint sustainability pact the companies have entered into together with Asian Agri, Musim Mas and the Indonesian Chamber of Commerce and Industry (Kadin).

• Note: IPOP firms' control of at least four fifths of global palm-oil refining capacity, but does not ‘include small-holders’(http://news.mongabay.com/2015/0501-jacobson-ipop-summit.html)

Indonesian One Map Project

Note: Will be continued with more detail information and indicators.New “Mini One Map” pilot will be conducted in Riau. (WRI-Kemitraan-Ministry of Env & Forestry and BMKG)

Law Enforcement

Rawa Tripa case(Ministry of Environment vs PT Kallista Alam)

Palm oil company PT Kallista Alam guilty of illegally burning the Rawa

Tripa peat forest, which lies within Sumatra’s Leuser Ecosystem, the only

place on Earth where tigers, elephants, rhinos, and orangutans can be

found living together in the wild.

The court ordered the company to pay 114.3 billion rupiah (US$9.4

million) in compensation and 251.7 billion rupiah (US$20.8 million) to restore the affected areas of forest. The judge also ordered the defendant to do replanting on 1,000 ha peat land.

Note: This Case has been used as the Benchmark of Forest Fires Enforcement

Indonesian Reaction:Singapore Transboundary Haze Act

• There is no significant reaction from the Indonesian Government/Parliament

• The only concern: the extra-territoriality nature of the Act, but the Government fully understand that the Singaporean Government can’t do nothing without the full cooperation of Indonesian authority.

Singapore Positive Engagement

• Singapore engagement should be expanded beyond TRADE and Government to Government;

• Substantial collaborative program on landscape management & ecosystem restoration is needed.

• Several substantial ‘pilot projects’ involving Government-Civil Society Organisations-Private Sector are crucial if we want to see “our sky clear and clean”

Prognosis Conclusion

Indonesia is still suffer from the following ‘diseases’: • Lack of commitment to combat forest fires by the

Government (national & sub-national), private sectors and traditional farmers.

• Environmental protection undermined by ‘destructive economic development’

• We are expecting haze but can be prevented if we positively engage the government, CSOs & Private Sector.

?

May be NOT

….terima kasih….Laode M Syarif-laode.syarif@kemitraan.or.id-+62-8111-899-689

….terima kasih….Laode M Syarif-laode.syarif@kemitraan.or.id-+62-8111-899-689