Sawit Watch's Role in the Round-table for Sustainable Palm Oil for Conflict Resolution in Oil Palm Plantation

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    JEFRI GIDEON SARAGIH

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    Roundtable on Sustainable Palm Oil (RSPO) is aforum(roundtable) about sustainable palm oil.

    RSPO is a joint initiative of some major palm oil companiesand the WWF Swiss.

    RSPO is an institution that has legal status of non-profitassociation under Article 60 of Law Civil Switzerland, dated 8

    April 2004. Born from global concern of oil palm plantation condition

    Global market demand for sustainable palm oil plantationsproduction.

    Become one of the precondition of fair and sustainableglobal development.

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    Source: rspo.org

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    Source: rspo.org

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    Source: rspo.org

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    6/27Source: rspo.org

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    RSPO I (2003), Kuala Lumpur, The first session began toformulate the tasks and the members of these institutions arealso the principles and criteria for sustainable palm oil;

    RSPO II (2004), Jakarta, first draft of principles and criteria andthe establishment of the Criteria Working Group to formulate

    principles and criteria for sustainable palm oil; RSPO III (2005), Singapore Majelis Umum (General Assembly)

    Members of RSPO endorsed the Principles and CriteriaDocument for Sustainable Palm Oil;

    RSPO IV (2006), Singapore, Principe and Criteria (P&C RSPO)used for trial voluntarily by oil palm plantation companies for 2years (trial implementation) and entering the national phase ofinterpretation (national interpretation)

    RSPO V (2007), Kuala Lumpur, again produced an agreement to

    begin the certification process which was voluntary to oilcompanies Members of RSPO. RSPO VII (2008) Bali, provide certificates to members who have

    applied the RSPO P & C.

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    Criteria 2.2 The right to use the land can be demonstrated, and is not legitimatelycontested by local communities with demonstrable rights.

    Criteria 2.3 Use of the land for oil palm does not diminish the legal rights,

    or customaryrights, of other users, without their free, prior and informed consent..

    Criteria 6.4 Any negotiations concerning compensation for loss of legal or customary rights aredealt with through a documented system that enables indigenous peoples, localcommunities and other stakeholders to express their views through their own

    representative institutions.

    Criteria 7.5 No new plantings are established on local peoples

    land without their free, prior andinformed consent, dealt with through a documented system that enables indigenouspeoples, local communities and other stakeholders to express their views throughtheir own representative institutions.

    Criteria7.6 Local people are compensated for any agreed land acquisitions and relinquishmentof rights, subject to their free, prior and informed consent and

    negotiatedagreements.

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    Kriteria

    6.1 Aspects of plantation and mill management, including replanting,

    that have social

    impacts are identified in a participatory way, and plans to mitigate the negativeimpacts and promote the positive ones are made, implemented and monitored, todemonstrate continuous improvement

    Kriteria

    6.2 There are open and transparent methods for communication and consultationbetween growers and/or millers, local communities and other affected or interested

    Parties.

    Kriteria

    6.3 There is a mutually agreed and documented system for dealing with complaintsand grievances, which is implemented and accepted by all parties

    Kriteria

    7.1 A comprehensive and participatory independent social and environmental impactassessment is undertaken prior to establishing new plantings or operations, orexpanding existing ones, and the results incorporated into planning, managementand operations

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    FPIC is indigenous peoples rights to determine the forms ofactivity what they want on their land in detail formulated as :Community's right to get information (Informed) before(prior) the program or investment project implemented intheir area, and based on such information, they freely without

    pressure (Free) expressly agree (consent) or refused.

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    Required in the RSPO Principles and (Principe 2,6and 7)

    Build a relationship between companies and societyin the long term

    Recognized in National and International Law

    Preventing conflict in the future

    Protect investors from risk

    Encourage the achievement of sustainabledevelopment

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    INA NIWG (P&C national interpretation): Sawit Watch interest inthe Working Group is to complete a national referenceparameters and related in an attempt reduce the principles and

    criteria, indicators and guidelines RSPO mainly in law, social andPermit.

    STF Indonesia: Sawit Watch intensive work with stakeholdersincluding oil palm farmers to formulate indicators, guidelines

    and references to small farmers are also coordinated andconsulted.

    Trial Implementation: to prepare the implementation of the RSPOCriteria trials conducted over 2.

    Executive Board since 2004

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    Swift in expansion, from

    600.000 ha/yr in 2005-2007, now 400.000 ha/yr

    Conversion of forest(primary and secondary) tooil palm plantation, appr.200.000-300.000 ha/yr

    Conversion of peatland for

    oil palm development,appr. 50.000-100.000 ha/yr

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    On indigenous/local people:

    Expelled from their customarylands (forest, peatland and

    farming lands), some receive asmall compensation, while most

    are forced

    Currently 576 conflicts betweenoil palm companies andindigenous/local people reported

    Every year around 20 people are

    arrested after struggling for theirland rights

    This year already 13 people

    have been arrested afterdisputes with oil palm companies

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    Smallholders Contracts often not appropriate

    Smallholder plots are often of

    bad quality and falsedimensions

    Loans and interest rates areoften too high and intransparent

    Seeds, fertilizer, pesticides andworking tools are monopolized

    by the company and its

    subsidiaries FFB prices not transparent and

    determined by company

    Increased debts and interestrates for replanting

    Contract farmin throu h

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    It is fundamental to the integrity, credibility and continued

    progress of the RSPO that every member supports, promotes andworks towards the production, procurement and use of SustainablePalm Oil.

    Members will seek to resolve grievances directly with other

    member organisations in a timely fashion, and will not makeunsubstantiated allegations of breaches against other members.

    Prior to taking public action in cases of unresolved allegations ofbreaches of this Code, members will report breaches to the

    Executive Board, which will deal with the alleged breaches inaccordance with the RSPO Grievance Procedure.

    Source:rspo.org

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    The Grievance Process fulfils RSPOs need to address complaintsagainst RSPO members in a manner that is reflective of the nature,

    mission and goals of RSPO. Objective of Grievance Procedure are:

    Provide platform for RSPO to address complaints against all RSPO

    Members.

    To ensure that any alleged breaches of specified RSPO Statutes,By-laws, motions approved by the General Assembly, or any otherapproved articles, including the Principles & Criteria forSustainable Palm Oil Production and RSPO Code of Conduct areimpartially and transparently addressed.

    In cases where deemed necessary and appropriate, provide

    recommendations for action through forming of a Grievance

    Panel.

    Source: rspo.org

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    a. West Kalimantan :PT Duta

    Palma (Bengkayang)

    PT Cargil

    (Ketapang)

    b. Central Kalimantan

    PT Wilmar

    (Sembuluh)

    PT United Plantation(Pangkalanbun)

    c. South KalimantanPT Sime

    Darby(Kota

    Baru)

    PT Astra

    (Hulu

    Sungai

    Selatan)

    d. Central SulawesiPT Astra

    (Donggala

    and Morowali)

    e. North SumatraPT London Sumatra (Serdang

    Bedagai)f. Riau

    PT Sime

    Darby (Siak, ROHIL)PT Duta

    Palma (INHIL)PT Musim

    Mas

    (Pelalawan)g. South Sumatra

    PT Cargil/ Hindoli

    Musi

    Banyuasin

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    4.2.4 bagian c:

    There is no significant land conflicts (significant landconflicts), not replace the primary forest or high valueconservation since November 2005, no unsolved workersdisputes trough consensus and there is no evidence of law

    violations in a property that is not certified.

    New acquisitions is not replace the primary forest or areahave high values conservation must comply with theserequirements within three years.

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    Encouraging the RSPO to take firm action to itsmembers who violate P & C and Indicators.

    lobbying the Indonesian government to adopt theRSPO P & C as the legal basis for theimplementation of palm oil plantations.

    Implementation of Keputusan Bebas Didahulukan dan Diinformasikan

    (KBDD) or the Free, Prior, and

    Informed Consent (FPIC) -

    United Nations

    Declaration on the Protection of IndigenousPeoples.

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    Supports indigenous and local people, smallholders andplantation workers in the struggle for their rights

    Lobbying and negotiation with many actors andstakeholders to stop the conversion of forest and peatlands tolarge-scale oil palm plantation

    Public campaigns to pressure an improvement of thenegative impacts of oil palm expansion and agrofuel

    development in Indonesia Takes part in forums on local, national and international

    levels for the creation of regulations and agreements toregulate the social and environmental impacts resulting from

    oil palm expansion and agrofuel development

    Thank You