ICEL

ICEL

Environmental Law

In Indonesia, a Company Intimidates, Evicts and Plants Oil Palm Without Permits

A farmer in Maroangin shows where the company planted oil palms on his rice fields. Image by Ian Morse for Mongabay.
  • A state-owned plantation company, PTPN XIV, is evicting farmers to make room for an oil palm estate on the eastern Indonesian island of Sulawesi.
  • In 1973, the company got a permit to raise cattle and farm tapioca on the now-disputed land, but it expired in 2003. After a long hiatus, the company has returned to claim the land. It says the government has promised to give it permits in the future, but has started operations anyway even as local communities resist.
  • The case is one of thousands of land disputes simmering across Indonesia, as President Joko Widodo attempts to carry out an ambitious land reform program.
  • The president has also ordered a freeze on the issuance of new oil palm plantation permits, but the level of enforcement remains to be seen.

MAROANGIN, Indonesia — One day in March last year, Rahim was shocked and furious to find an excavator rolling through his rice field, turning the bright green grains into piles of mud. The 51-year-old farmer took photos of the incursion and demanded to know why his family’s livelihood was being uprooted.

Rahim had been farming the land for 15 years, but the workers on the scene said he was trespassing on land that belonged to a company. No company held a license to operate there, much less evict residents, but Rahim didn’t know that. Now he was being told that rows of oil palm trees would be planted where his rice was growing.

“When I can’t farm rice, how is my family supposed to eat?” Rahim said at his home in Maroangin, a village on the eastern Indonesian island of Sulawesi. The father of four recalled having cried as he watched the rice, almost ready to harvest, disappear before him. A harvest that size could have supported his family for months. Many of his neighbors also reported having their farms and pastures taken over by the company, state-owned PT Perkebunan Nusantara (PTPN) XIV.

Like countless other farmers across Indonesia, Rahim doesn’t have a deed to the land he says his family has occupied for generations. That leaves him with scant legal defense to claims laid on it by the state or private companies.

Read moreIn Indonesia, a Company Intimidates, Evicts and Plants Oil Palm Without Permits

With Its $3.85b Mine Takeover, Indonesia Inherits a $13b Pollution Problem

Panoramic view of the Grasberg gold and copper mine in Indonesian Papua on the island of New Guinea. (Image by Richard Jones/Flickr ; Mongabay)

 

  • The Indonesian government has acquired a majority stake in the operator of the Grasberg mine, one of the world’s biggest copper and gold mines.
  • The $3.85 billion deal has been lauded as a move toward resource sovereignty, but there’s been little mention of who inherits the massive pollution legacy left from decades of mining waste being dumped in rivers and forests.
  • Activists are also calling for clarity in how the acquisition will improve the lives of the indigenous Papuan communities living around the mine, as well as end the long-running conflicts pitting them against the mine operator and security forces.

 

JAKARTA — When the Indonesian government took a controlling stake in the operator of one of the world’s richest gold mines at the end of 2018, proponents hailed the move as a historic step toward national and economic resource sovereignty.

The breathless media coverage of the transaction, which saw the government take a 51 percent stake in PT Freeport Indonesia (PTFI), previously majority-owned by Arizona-based Freeport-McMoRan, framed it as the “return” of a prized asset — the Grasberg gold and copper mine — to the Indonesian public after decades of foreign control.

But little was said about the long legacy of toxic pollution from the mine, or how exactly the new arrangement, at a cost of $3.85 billion to Indonesia, would finally bring real benefits to the indigenous people on whose land the mine sits, and who remain among the most impoverished communities in Indonesia.

 

Inheriting a pollution problem

Under the terms of the acquisition, a 41.2 percent stake in PTFI goes to state-owned smelting company PT Indonesia Asahan Aluminium, better known as Inalum. A 10 percent stake is held by the government of Papua province, where Grasberg is located. That latter stake, in turn, is managed 60:40 between an Inalum-controlled company and a province-owned firm. Freeport remains the operator of the mine.

But along with ownership in one of the most coveted mines on Earth, Inalum and the Papua government have also inherited a pollution problem stemming from the mining waste, or tailings, churned out by PTFI over decades.

“Does the completion of the divestment deal mean that the environmental problems can be resolved? No,” said Merah Johansyah Ismail, national coordinator of the Mining Advocacy Network (Jatam), an NGO. Following the takeover, he says, the national and provincial governments will also have to take the brunt of the fallout from the environmental damage caused by the mining operations.

Read moreWith Its $3.85b Mine Takeover, Indonesia Inherits a $13b Pollution Problem

5 Bird Species Lose Protections, More at Risk in New Indonesia Decree

  • Five bird species in Indonesia have lost their protected status under a new ministerial decree, issued last month in response to complaints from songbird collectors.
  • The decree also establishes additional guidelines for birds to be granted protected status, which effectively sets the stage for any species to be dropped from the list if it is deemed of high economic value to the songbird fan community.
  • Scientists and wildlife experts have criticized the removal of the five species from the protected list, and the new criteria for granting protected status.
  • Indonesia is home to the largest number of threatened bird species in Asia, but their populations in the wild are severely threatened by overexploitation.

JAKARTA — A new decree from Indonesian authorities drops five bird species from a newly expanded list of protected wildlife, and potentially sets the stage for more to follow by widening the scope under which protected status can be rescinded.

The capture and trade of the white-rumped shama (Kittacincla malabarica), Javan pied starling (Gracupica jalla), straw-headed bulbul (Pycnonotus zeylanicus), Sangihe shrikethrush (Colluricincla sanghirensis) and little shrikethrush (Colluricincla megarhyncha) will remain illegal without a government permit, but the lack of protected status means violators won’t face the jail time or hefty fines prescribed in the 1990 Conservation Act.

Four of the birds were among hundreds of species added to the ministry’s list of protected species this past June. The fifth bird, the little shrikethrush, was on the original list published in 1999. All five have now been removed from the list following the publication on Sept. 5 of a decree from the Ministry of Environment and Forestry

The capture of wild birds is to be regulated through a government permit-and-quota system that is supposed to consider recommendations from the Indonesian Institute of Sciences (LIPI), a state-funded think tank. Mohammad Irham, a senior ornithologist at LIPI, said his institution would reject requests to capture any of the five now-unprotected species from the wild.

He criticized the rescinding of their protected status, saying it would hasten their decline in the wild. “Our decision is based on scientific data, papers and surveys on the populations of these species in the wild,” he told Mongabay.

The ministerial decree also establishes additional guidelines for birds to be granted protected status, such as the popularity of a given species for breeding and for songbird competitions.

Under current rules, protected status can be granted to a species that is native to Indonesia, has a limited range, and has a small and dwindling population. But the decree adds new criteria for birds alone: the popularity of a species among breeders and hobbyists, the extent to which it contributes to people’s livelihoods, and the frequency with which it appears in songbird competitions.

“There’s a huge local economy aspect to the birdkeeping business,” Wiratno, the environment ministry’s director general for biodiversity conservation, told reporters on Oct. 2.

Read more5 Bird Species Lose Protections, More at Risk in New Indonesia Decree

Environmental Defenders Fear Backlash as Defendant Sues Expert Over Testimony

Basuki Wasis (third from left, holding a mic), an environmental expert from the Bogor Institute of Agriculture (IPB), speaks during a press conference at the Indonesian Legal Aid Institute (YLBHI)’s office in Jakarta. Photo courtesy of YLBHI.

 

  • Basuki Wasis, an environmental expert whose testimony helped convict a provincial governor of abuse of power, now faces a lawsuit brought by the latter for alleged inaccuracies in his calculations of environmental damage.
  • The lawsuit against Basuki is similar to one he faced last year from a palm oil company that was fined for setting fires on its concession. The earlier lawsuit was dropped, but the company now appears to be targeting another expert witness who testified against it.
  • The litigation has sparked concerns among environmental experts and activists alike, who fear it will have a silencing effect and allow environmental crimes to go unpunished.
  • They also worry that without financial assessments of damages caused to the environment, prosecutors trying corruption cases in the natural resources sector will not be able to push for longer prison sentences and heavier fines.

 

JAKARTA — Environmental experts and activists are closely watching a lawsuit filed against an academic whose testimony helped convict a governor on corruption charges, in a case many fear could set a worrying precedent.

Basuki Wasis, an expert on environmental degradation from the Bogor Institute of Agriculture (IPB), has testified in more than 200 cases involving environmental crimes such as forest fires and pollution.

On Feb. 14 this year, he testified as a prosecution witness against Nur Alam, the suspended governor of Southeast Sulawesi, who was charged with abuse of power in the issuance of mining licenses. Basuki told the court that the illegal mining activities by one of the companies that received a permit from Alam had led to deforestation and resulted in 2.7 trillion rupiah ($196 million) in combined ecological losses, environmental economic losses, and the cost of repairing the damage.

On March 12, Alam’s lawyers filed a lawsuit against Basuki, questioning the accuracy of his calculations and his credibility. (Alam was convicted on March 28; he was sentenced to 12 years in prison and ordered to pay fines and damages totaling 3.7 billion rupiah, or $268,000.)

Read moreEnvironmental Defenders Fear Backlash as Defendant Sues Expert Over Testimony

Activists Fear for Environmental Protection Under Indonesia’s Revised Criminal Code

The fire from the oil spill in Balikpapan Bay, East Kalimantan Province. Photo courtesy of the Indonesian Forum for the Environment (Walhi) Balikpapan.
  • Indonesian lawmakers aim to pass a long-awaited revision of the country’s Criminal Code this month, but already the draft has been widely criticized for rolling back personal freedoms and human rights.
  • Activists say it also threatens to gut existing legislation on environmental protection, effectively going easy on polluters and other environmental violators.
  • Problems identified include raising the bar for proving an environmental offense; more lenient sentencing prescriptions; and failing to hold the responsible parties accountable for environmental crimes.

 

JAKARTA — A highly contentious set of revisions to Indonesia’s Criminal Code threatens to undermine the fight against environmental offenders and polluters, activists warn.

Deliberations on the new draft are in the final stage in parliament, in what proponents are calling a much-needed overhaul and reform of a penal code inherited from Dutch colonial rule more than 70 years ago.

Already the bill has drawn intense criticism for new provisions that, if passed as expected in April, would criminalize consensual non-marital sex, outlaw the promotion of contraceptives, and make it illegal to insult the president or religious leaders, among other points.

But overshadowed by the furor over the looming rollback of personal freedoms and human rights are provisions that appear to weaken existing enforcement articles under the 2009 Environmental Protection Law.

“When we studied the draft, we found out that it’ll heavily affect existing environmental law enforcement and there are going to be many things that can’t be enforced,” said Raynaldo Sembiring, a researcher with the Indonesian Center for Environmental Law (ICEL).

“While the current law still has some weaknesses, those weaknesses will be amplified further in the new Criminal Code.”

These include making it more difficult to prove an environmental crime has taken place, watering down sentences for environmental violations, and a persistent failure to apportion accountability for these crimes.

Read moreActivists Fear for Environmental Protection Under Indonesia’s Revised Criminal Code

Indonesian Conservation Bill is Weak on Wildlife Crime, Critics Say

An orangutan hanging between trees in a Bornean rainforest in East Kalimantan, a province in the Indonesian part of the island. Photo by Rhett A. Butler/Mongabay

 

  • Lawmakers in Indonesia have submitted for review to President Joko Widodo’s administration a bill that would overhaul the country’s 28-year-old conservation law.
  • While environmental advocates have long pushed for updates to the law, the new draft has alarmed many with its various provisions that critics say represent a regression from the existing legislation.
  • Problem articles include a “self-defense” clause that would waive criminal charges for killing protected wildlife; a more nebulous definition of wildlife crime that some fear could make it harder to crack down on traffickers; and the opening up of conservation areas to geothermal exploration and other “strategic development” projects.
  • The ball is now in the court of the government, which is required to review the bill before sending it back to parliament for final passage. However, a minister says the government will “hold off” on its review, and suggests the existing conservation law is sufficient.

 

JAKARTA — Environmental advocates have warned that proposed revisions to Indonesia’s conservation act could provide new loopholes for wildlife traffickers, who already enjoy a thriving trade in one of the world’s most biodiverse countries.

The revision of the conservation act, formally the Natural Resources Conservation Law of 1990, was widely anticipated to help authorities crack down harder on the illegal wildlife trade. And the latest draft submitted by parliament to the government for review does make some moves toward that goal: it would ban the trade in species not mentioned on Indonesia’s list of protected species but that are regulated by CITES, the main international treaty on endangered animals and plants. For instance, it could help close a loophole that allows traffickers to move items such as African elephant ivory through the Southeast Asian country with impunity.

But critics point to a longer list of problems with the bill. It makes no mention of online trafficking, a growing problem as traders move to platforms such as Facebook and Kaskus, Indonesia’s largest internet forum. It doesn’t seem to address the issue of giving endangered animal parts as gifts — a practice still carried out in places like Papua province, where officials have been known to distribute souvenirs made from rare birds-of-paradise.

Neither does it upgrade sentencing guidelines for wildlife crimes that conservationists say are in dire need of change. Under the current legislation, traffickers can receive a maximum sentence of five years in prison. But in reality, offenders are rarely prosecuted; on the few occasions they are, they typically receive token sentences far below the maximum. Conservationists have called for the introduction of minimum sentences to combat the problem.

“This bill falls short of our expectations,” Samedi, program director at the Indonesia Biodiversity Foundation (Kehati), said at a recent press conference in Jakarta, convened by NGOs to air their concerns about the bill. “It weakens the current law which is already pretty weak.”

Read moreIndonesian Conservation Bill is Weak on Wildlife Crime, Critics Say