We, the participants of the Southeast Asia Conference
on Land Grabbing and Oil Palm Plantations, hosted by Lentera Rakyat, coming
from Indonesia, Malaysia, the Philippines and
Cambodia, gathered in Medan, Indonesia, from November 5-10 2012 to discuss and
share information on land grabbing and the adverse impacts of the expansion of
oil palm plantations on local communities across the region.
The conference
reviewed and shared present-day
situations of
landgrabbing across Southeast Asia, as experienced
by Cambodia, the Philippines, Malaysia and Indonesia in the name
of State-sanctioned economic development policies. The
practice has created a wide range of adverse
impacts, in particular the
rapid depletion of tropical forests in the region,
a high number of agrarian conflicts, and the forced eviction of
local people from their lands. About 16 million hectares have been planted with
oil palm in Southeast Asia, of which
80 % has been converted in the
last 15 years.[1] Land grabbing has
also often led to repeated instances
of criminalisation of local people, particularly indigenous peoples and human rights defenders who struggle to defend their rights and legitimate claims under existing international human rights laws. In some cases, landgrabbing has been
facilitated by formal State regulations and
the use of a repressive State apparatus. More importantly,
victims often are left without any means to
exercise their right to
remedy.
The conference
welcomed and supported the concerns and recommended actions of the Bali Declaration
on Human Rights and Agribusiness in Southeast Asia, which calls for urgent
steps to be taken by governments to address the adverse impacts of the
expansion of oil palm monoculture
plantations, including - among others - the adoption
of international human rights standards and policy reforms on land tenure and land acquisition.
The participants
of the conference affirmed their support for the Statement of the Phnom Penh Workshop on Human Rights and Agribusiness in
Southeast Asia[2], an
outcome of the workshop held in October 2012, convened by the Indonesian National Human Rights
Commission (KOMNAS HAM) and attended by various National Human Rights
Commissions and Institutions (NHRIs) of Indonesia, Thailand, Malaysia, the
Philippines, Cambodia, Timor-Leste, Myanmar and South Korea as well as
concerned civil society organizations and the Indonesian representative to the
ASEAN Inter-Governmental Commission on Human Rights (AICHR). The
statement calls for concrete actions
from the AICHR, the governments of the ASEAN region and NHRIs to address the human rights violations of local communities, indigenous peoples and human rights defenders as caused by the rapid and ill-regulated expansion of
agribusiness in the region.
We also support
the recommendations of the Southeast Asia
Regional Workshop on Promoting Peoples’ Rights to Land and Natural Resources[3]
held in Bali on July 2012, hosted by HuMa, which called for strengthening of
CSO networks and capacities in confronting land grabbing and human rights
violations.
We acknowledge
that land grabbing is a process of dispossession of people’s rights to land,
natural resources and livelihoods, routinely in violation of their right to
Free, Prior and Informed Consent (FPIC). The country report presentations demonstrated the escalating land
grabbing realities in Southeast Asia. Through the field visits to various
affected communities and victims of land grabbing, we saw a common pattern that
exists across the region, such as the stigmatization among individuals and
communities who have for long years and decades of struggle stood up for their
rights to land in the face of extreme external pressures. Some have been imprisoned, others are on wanted lists. A good number has been released on bail but
is still confronted with various criminal charges. We also found out that
existing legal systems in the region are not in favor of people’s customary
tenurial rights, even when they possess legal and physical evidence of
long-term access and use of these lands. Conversely, the national governments
are the institutions that facilitate large-scale businesses to convert forests,
peat lands and productive agricultural areas into oil palm plantations mainly
for profit and export-driven global economy.
At the ASEAN level, despite the mandate of the AICHR,
there is no functioning human rights mechanism in place which could adequately
respond to the concerns of local peoples who continue to suffer from the
impacts of land grabbing. The Voluntary
Guidelines on the Responsible Governance of Tenure of Land, Fisheries, and
Forests in the Context of National Food Security, adopted by the Committee
on World Food Security on 11 May 2012 has yet to be implemented and deliver
concrete and positive results on the ground.
In reflection of the aforementioned situations, we
call on:
1.
The
governments of the
ASEAN
region to respect and uphold the right to land of
local communities,
especially men and women farmers, and indigenous peoples. We urge governments to judiciously observe the right to Free, Prior and
Informed Consent (FPIC) as a mandatory requirement in all national laws
pertaining to land tenure. We urge the State authorities to strengthen national
legal systems to effectively stop and prevent the criminalization of local
peoples and human rights defenders who struggle to defend legitimate tenure
rights;
2.
The
ASEAN to extend the mandate of AICHR as an independent human rights mechanism to
investigate the violation of farmers and indigenous people’s rights; and to
encourage its Member States to adopt and mainstream the Voluntary Guidelines in national legislation.
3.
The
European Union to integrate in its bilateral trade agreements a transparent
monitoring and feedback mechanism which can effectively handle and mediate
conflicts that may arise between transnational companies and local communities;
4.
The
Roundtable on Sustainable Palm Oil (RSPO) to put in practice the
internationally accepted human rights principle of “PANTHER” (Participation,
Accountability, Non-discrimination, Transparency, Human Dignity, Empowerment
and Rule of Law). We also urge the RSPO to make effective use of alternative dispute
resolution mechanisms.
5.
Agribusiness
companies and investors to respect the rights of local communities to land and
natural resources by strictly observing and not circumventing the Free, Prior
and Informed Consent (FPIC) process
Adopted by Acclamation on November 9th 2012 by the following:
1. Agus Sutomo, Gemawan Kalbar, Indonesia
2. Ahmad, Walhi Sulteng, Indonesia
3. Alejandro C Carillo, FIAN Philipines
4. Ben Indris, SBPI, Indonesia
5. Carolin Callenius, BftW, Germany
6. Dana Tarigan, Walhisu, Indonesia
7. Dewi Kartika, KPA, Indonesia
8. Estrella F. Catarata, FARDEC, Philipines
9. Fatilda Hasibuan, Sawit Watch, Indonesia
10. Florian Johanes, GKI TP, Papua, Indonesia
11. Hawari, Bitra, Indonesia
12. Herwin Nasution, Lentera, Indonesia
13. Imam Bambang Setiawan, SPP, Indonesia
14. Indri Diah Saptaningrum, ELSAM, Indonesia
15. Junpiter Pakpahan, KSPPM, Indonesia
16. Kusnadi, Walhisu, Indonesia
17. Longgena Ginting,VEM, Indonesia
18. Maly Seng, Cambodia
19. Michael Schirmer, BftW, Germany
20. Natal Sidabutar, Lentera, Indonesia
21. Nur Hidayati, WALHI, Indonesia
22. Shandi Renata, Lentera, Indonesia
23. Touch Setha, Cambodia
24. Rusliadi, JKMA Aceh, Indonesia
25. Saurlin Siagian, Indonesia
26. Septer Manufandu, Fokker Papua, Indonesia
27. Sisilia, HUMA, Indonesia
28. Starjoan D. Villanueva, AFRIM, Philipines
29. Sophie Chao, FPP, United Kingdom
30. Su Mei Toh, Wild Asia, Malaysia
31. Surambo, Sawit Watch, Indonesia
32. Tandiono Bawor, HUMA, Indonesia
[1]
Oil Palm Expansion in Southeast Asia, Trends and Implications for Loval
Communities and Indigenous Peoples, Marcus Colchester and Sophie Chao (eds.),
FPP and SW, July 2011, page 5.
[2]http://www.forestpeoples.org/sites/fpp/files/news/2012/10/Finalised%20Statement%20of%20the%20Phnom%20Penh%20Workshop.pdf
[3]
http://huma.or.id/en/pendamping-hukum-rakyat/aktivitas/hentikan-perampasan-tanah-sekarang-mari-mendorong-investasi-positif-atas-tanah-pertanian-dan-kedaulatan-pangan.html
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