Making the Bali Declaration Binding

Review on Status and Update on Indonesia

By Norman Jiwan, TuK INDONESIA

Gardenia Resort & SpaPontianak, 11-12 October 2017

Outline

• Introduction

• Status and Update on Bali Declaration in Indonesia

• Recommendations

The Bali Declaration

• It adopts a declaration on human rights and agribusiness in Southeast Asia.

• A declaration jointly deliberated and endorsed National Human Rights Institutions, Civil Society Organisations, Community and Indigenous Peoples, International Organisations, UN Special Rapporteur on Right to Food, Permanent Forum, and from Cambodia, Indonesia, Lao PDR, Malaysia, Philippines, Thailand, and Vietnam as well as official representative from Timor Leste.

• Subsequent international conference with field trips and community visits successfully held and organised Cambodia (2012), Bangkok-Thailand (2013), Myanmar (2014), Puerto Princesa-Philippines (2015), and Sabah-Malaysia (2016).

• Each conference comes up with statement of declaration and follows up.

Source and Point of Reference

• Appendix I: National Legislation Programme (Priority 2017)

• Appendix II: National Legislation Programme 2015-2019

• Appendix III: Laws from 2011 to 2017

• Appendix IV: Government Regulations 2011-2017

• Appendix V: Presidential Regulations, Decrees, and Instructions 2011-2017

Massive expansion and growth of palm oil agribusiness sector

Source: ATR/BPN and Ministry of Agriculture (KPK 2016:9)

Food based import figures 2004-2015

-

500.00

1,000.00

1,500.00

2,000.00

2,500.00

3,000.00

3,500.00

4,000.00

2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

Sum of Primary

Sum of Processed

Sum of Durable

Sum of Semi durable

Sum of Not durable

Sum of Fuels

Sum of Transport

Source: Biro Pusat Statistik (BPS, 2017)

Employment by sectors (Feb-Aug

2015)

No. Major employment sectors2015

February August

1 Agriculture, plantation, forestry, hunting and fishing 40,122,816 37,748,228

2 Mining 1,420,917 1,320,466

3 Industry 16,382,756 15,255,099

4 Electricity, gas, and drinking water 311,834 288,697

5 Construction 7,714,384 8,208,086

6 Trades, restaurants and accommodation services 26,647,168 25,686,342

7 Transportation, warehouses and communication 5,192,181 5,106,817

8 Financial institution, real estate, rental and service companies 3,643,881 3,266,538

9 Community, social and individual services 19,410,884 17,938,926

Total 120,846,821 114,819,199

Source: Portal Satu Data Indonesia (modified)

Bank investments in Indonesian palm oil by countries

Country Total Percentage

Malaysia 14,872.00 41%

United States 4,190.14 12%

United Kingdom 3,561.98 10%

Indonesia 3,132.08 9%

Singapore 3,129.39 9%

Japan 1,754.69 5%

Germany 1,183.85 3%

Netherlands 866.41 2%

Switzerland 858.44 2%

Australia 767.03 2%

France 641.92 2%

Thailand 232.09 1%

China 219.00 0%

Taiwan 206.72 0%

Agrarian Conflicts 2016

Case reports involved private enterprises

Source: Komnas HAM Annual Report 2015

Case reports Number

Disputes and/or land conflict 388

Labour industrial relation disputes 339

Migrant worker problems 24

Other 83

Pollution and/or environmental

destruction 56

Right to proper housing 48

Grand Total 938

Five largest palm oil groups in five most expanding palm oil producing provinces

No. Palm oil group Revenues (2015) No. ProvinceAnnual Budget

(APBD 2015)

1 Sime Darby Group IDR 13 trillion 1 Sumatera Utara IDR 8,6 trillion

2 Wilmar Group US$1.06 billion 2 Riau IDR 10,7 trillion

3 Sinarmas/GAR Group IDR 36,23 trillion 3 Sumatera Barat IDR 4,19 trillion

4 Astra Agro Lestari

Group

IDR 13.06 trillion 4 Kalimantan Barat IDR 2.5 trillion

5 Salim Group/Indofood IDR 57.7 trillion 5 Papua IDR 12.74 trillion

Recommendations

• 1. Right to food/local food security: Indonesia promotes and integrates the FAO Voluntary Guidelines on Responsible Governance of Tenure of Land, Forests and Fishery in the context of national food security. Human rights impact assessment, FPIC and effective remedy for the current impacts of food and energy estates and military involvement from food businesses.

• 2. Land rights: adopt and promote a human rights based land rights development approach and prevent further appropriation of land rights to HGU land title and palm oil related strategic national projects without FPIC. Particular affirmative attention to land rights of vulnerable group indigenous peoples and women.

• 3. Recognition of customary land rights: adopt and promote collective land rights; effective remedial measures such as renegotiation, rehabilitation, compensation and restitution for customary land rights converted to HGU land title without FPIC.

Recommendations

• 4. Free, Prior and Informed Consent (FPIC): adopt and promote FPIC in right to development, impact assessment, dispute resolution, and effective remedy in palm oil agribusiness and its supply chains in Indonesia.

• 5. Right to personal integrity and security: Indonesia should immediately ratify optional protocol of International Convention on Civil and Political Rights. Indonesia develop remedial measures restore human, legal rights, and personal reputation due to unlawful criminalisation and detention of peasants, labourers, environmentalists, women, and agrarian activists fighting for their human rights and environmental rights in palm oil agribusiness sector and its supply chains.

• 6. Human Rights Defenders: Strengthening human rights compatible rule of law, gender sensitive, accessible and effective child friendly dispute resolution and credible grievance mechanism. Despite awarding presidential pardon, there are still cases of arbitrary arrest and criminalisation against land rights, environmental, agrarian, gender and women activists in agribusiness sector in Indonesia.

Recommendations

• 7. Smallholders and community options: farmers protection and empowerment with performance indicators based on budget allocations; Incentive and awareness measures extended by the duty bearer to address specific human rights issues of smallholders and community options to create fairer partnership in palm oil agribusiness.

• 8. Workers in agribusiness: Establish transparent and accountable reporting of implementation and monitoring regimes of the ratified ILO standards in palm oil agribusiness sector; with effective labour dispute resolution, and incentive and awareness measures extended by the State, private palm oil agribusiness and supply chain entities to address specific human rights and labour issues.

• 9. Migrant workers: Indonesia-Malaysia undertake bilateral efforts to make an end to stateless children issues and problems involved transboundary investments and impacts, and their supply chains. Set target evident and performance indicators based on budget allocations to deal with migrant workers problems and trafficking in persons.

Recommendations

• 10. Women: legal aid lacks effective, accessible and gender sensitive law enforcement against discriminations and violations of vulnerable women and girls civil, political, economic, social, and cultural human rights affected by palm oil agribusiness operations, investments, and supply chains.

• 11. Child labour: Government of Indonesia revises and promotes above 18 years minimum age for workplace in oil palm plantations. Government of Indonesia monitors, enforce and execute State, private and palm oil supplier enterprises involved in using and exploiting child labour.

• 12. Dispute resolution: Social conflict settlement provides multistakeholder platform but the law restricts power balance and bargaining position of marginalised and vulnerable women and children, affected indigenous peoples and local communities involved ‘social conflict’ over land, forest, and natural resources.

Recommendations

• 13. Access to justice: The government of Indonesia strengthen ambitious access to justice and legal aid for vulnerable groups in particular indigenous peoples, women and children involved and affected by social, land conflicts, and labour disputes involved cases and their supply chains entities mentioned in this report.

• 14. Impact assessments: review, enforce and sanction oil palm plantation companies, mills and supply chains failed without full and comprehensive social, economic, cultural and environment impact assessments.

• 15. Right to development: ASEAN countries consider regional cooperation to establish mechanisms and procedures to deal with agribusiness supply chains impacts on human rights especially vulnerable group women and children.

Recommendations

• 16. Transboundary investments and impacts: formulate identify and promote structural indicators for ASEAN Human Rights Declaration and ASEAN on migrant workers and their family members. Forum identifies and promotes process and outcome measures preventing human rights impacts of supply chains and financial institutions of agribusiness sector in Indonesia.

• 17. Ratification of Human Rights Instruments: further ratifications of international human rights instruments with clear timeframe and targets, Indonesia undertake structural measures to address impacts of reservations and declarations against specific articles those are essential to the full enforcement and effective implementation as well as addressing their consequences on human rights and agribusiness sector in Indonesia.