Conflict Resolution Pilot Last Updated: January 31, 2017

Transcription

1 Conflict Resolution Pilot Last Updated: January 31, 2017 NO CONFLICT DESCRIPTION PROGRESS STATUS 1 Senyerang Conflict: A land tenure JULY 2013: Since 2002, there were efforts to settle this conflict but for more than 10 years they have not conflict between Senyerang village and resulted in a lasting agreement. TFT was requested to provide support and mediation. Using an improved PT Wira Karya Sakti (WKS) in Jambi since conflict resolution approach, TFT facilitated a meeting in June in which both parties reached important points of agreement as a solution to the conflict. A follow-up meeting was then held in July and a Memorandum of Understanding (MoU) was signed by all parties. AUGUST 2013: TFT worked with APP/ Sinar Mas Forestry (SMF) to develop and socialise an MoU implementation work-plan between Senyerang & PT WKS. SEPTEMBER 2013: The MOU implementation work-plan was socialised with the local community. A local coop was established as a vehicle to realise the terms of the MoU. DECEMBER 2013: TFT has been working with APP/SMF and local stakeholders to support the implementation of key points within the MoU agreement. APRIL 2014: In February, land compensation was agreed. All funds, such as the benefit sharing and rubber cultivation training funds, have been given to Senyerang Cooperatives. TFT and other parties have since been monitoring the progress of implementing agreements. The monitoring has found that rubber cultivation has started and PT WKS has commenced the building of road infrastructure for the community. AUGUST 2014: Implementation of the MoU Agreement has continued, now with administrative support of Tanjung Jabung Barat cooperative. Local government (Dinhut & Dinbun) has played a valuable facilitation role. In August verbal agreement was reached on a partnership proposal for shared development of lands by PT WKS and the community. A further MoU to formalise this is due to be signed in September. Agreement reached. MoU now being implemented. A new collaborative monitoring scheme is being carried out quarterly. The next phase of agreement is on-going. NOVEMBER 2014: Details of the Acacia partnership between PT WKS and the Senyerang community were agreed, including the payment arrangements for fibre produced within the 601 hectares of land in scope of the agreement. The Senyerang Bertuah cooperative are to send a formal Acacia partnership proposal to PT WKS, copied to relevant institutions including the Ministry of Forestry, and supplemented with 'Berita Acara' agreement of all cooperative members. For the MoU on the rubber plantation partnership, implementation began with planting of trees on the allocated land and progress is being collaboratively monitored quarterly with results socialised to all relevant parties.

2 DECEMBER 2014: The collaborative monitoring scheme of the implementation of rubber plantation partnership has been held regularly, involved multistakeholders supports including forestry office of Jambi province. Together with communities, the field work on marking the boundary of the 1,001 ha rubber partnership plantation area has been accomplished. JANUARY 2015: While collaborative monitoring scheme of rubber plantation partnership progress has been held regularly, the MoU on 601 ha acacia partnership has been drafted through consultation with both parties FEBRUARY 2015: While collaborative monitoring scheme of rubber plantation partnership progress has been held regularly, the MoU of 601 ha acacia partnership has been developed within the comunity cooperative assisted by "Dinas Koperasi Jambi", and Senyerang community has sent formal letter to "Dinas Kehutanan Jambi" to facilitate the MoU signing process. MARCH 2015: Multi-stakeholder monitoring for rubber plantation completed. Discussions held on MoU for Senyerang cooperative, both internally and with Dinhut Province. MoU to be finalised in April. APRIL - MAY 2015: Multi-stakeholder monitoring report delivered to the district government agency. MoU for Acacia partnership will be signed after the completion of Senyerang cooperative report. The local government (pemda) will assist in the agro-forestry system for the 400 ha in the Acacia partnership.

3 JULY- SEPTEMBER 2015: Participatory mapping has been completed on conflict area in 4 regencies cover 17 villages and 9 subdistrict: 2 villages in Muarao Jambi regency, 7 villages in Tanjabar regency, 4 villages in Tanjabtim regency, and 4 villages in Batanghari regency. Participatory mapping on conflict area (cover 2 villages: Tani Sekato Jaya group, Lubuk Mandarsah village and Muara Kilis village) in Tebo regency still ongoing process. Alternative conflict resolution for 4 regencies (exclude Tebo regency), has been discussed and agreed between Regency Officers, Jambi Provincial Government, and representatives of the Ministry of Environment and Forestry. (1) Tanjung Jabung Barat Regency: A land area stated in the MoU with total area 400 hectares has been planted with rubber trees (now is 1 year old). The sixth multi stakeholders bi-monthly monitoring evaluation has been conducted, with the participation of local government to assist the development of silviculture plantation corn & rubber trees. Senyerang Bertuah Cooperation has held its annual meeting. This annual meeting has been a very important as readiness to undertake the signing of the second phase of MoU. For some of non rubber farmers will be resolved internally by Senyerang Bertuah (KSB) cooperation. (2) Batanghari Regency: Dialogue between PPJ and WKS experienced a deadlock, where are 2 different approaches still on discussion. PPJ Batanghari asked the partnership scheme is decided before the data being finalized. WKS wants all the data being finalized first before discussing partnership scheme. Eventually both sides agreed to settle the differences amicably.

4 OCTOBER NOVEMBER 2015: 1. Tanjung Jabung Barat Regency: Ministry of Forestry, Forestry Agency, Assistant of local government in Tanjabbar and TFT agreed with the draft planned of MoU for cooperation of timber plantation development between WKS and Senyerang Bertuah Cooperative with total area 601 Ha. An agreement for acacia plantations partnership between WKS and Senyerang Bertuah Cooperative was reached and the signing of the 2nd Mou being held in November Muara Jambi regency: PPJ Muaro and WKS has agreed about information of total claim members, this information has been submitted to Muaro Jambi Forestry Agency (Dinas Kehutanan Muaro Jambi) 3. Batanghari Regency: PPJ Batanghari and WKS agreed to solve land conflict amicably. WKS gives several options to PPJ: (1) Develop livelihood plantation for community (2) Help to develop farm area outside the concession according to the existing land within farmer group members (3) Land compensation in accordance with regulations JANUARY - APRIL 2016: The MOU for Partnership I (400 ha rubber plantation) and Partnership II (600 ha Acacia plantation) has been signed. The timeline for monitoring will be finalized in early May. Forestry Agency requested TFT to conduct assessment before the monitoring. The assessment is in progress. JULY 2016: Monitoring has been carried out, TFT has shared the draft report on July 20. APP will then circulate to region and local government for review. OCTOBER 2016: Preliminary meeting has been carried out with some of KSB members on Sept 20. The results are agreed to strengthen the organisation by capacity building on administrative issue, staff capacity building and involve stakeholders such as Cooperative Agency. There is an SK from Tanjabar Regent to Cooperative Agency Tanjabar to conduct capacity building for Senyerang Cooperative. NOVEMBER 2016: There was a survey conducted together with Cooperative Agency (Tanjabar) for hybrida coconut seedling and Liberica coffee seedling.

5 2 PSPI conflict: A land tenure conflict JULY 2013: Both parties: PSPI and Datuk Rajo Melayu have agreed to engage the National Forestry Council Agreement reached. MoU between Datuk Rajo Melayu and PT PSPI as mediator of the conflict. They have also agreed on a plan and rules for settling the conflict. To date, the now being implemented. in Riau mediator has organized a 2nd meeting for the mediation process. SEPTEMBER 2013: the National Forestry Council (DKN) mapped conflicts amongst tribes in PT. PSPI's area. OCTOBER 2013: TFT and the DKN clarified and conducted field verification on all conflict areas in PSPI. The field study verification was designed to provide clarity on key elements within the dispute (e.g. the actors / land owners and land boundaries). TFT and DKN held meetings with conflicting parties to explain the analysis result of field findings. The parties have agreed to proceed with a conflict mediation meeting. NOVEMBER 2013: The conflict mediation meeting was held in Pekanbaru on 13 November Findings of this field study were socialised with the Siabu Village community on 3 November Additional field verification work was undertaken in November as a follow up to the 3 November socialisation. FEBRUARY 2014: Follow up to conflict mediation meeting was held in Pekanbaru on 13 February The result of the meeting was mutual agreement that Datuk Sempadan should firstly approve the boundary in the verification map. APRIL 2014: Meeting was held between PSPI, Dt Rajo Melayu, Dt Besar Kota Padang and Dt Bandaro Hitam on 23 April This meeting was part of the agreed confict mediation meeting in February 2014 to discuss the boundaries between the Dt Rajo Melayu area and Dt Besar Kota Padang area. All parties agreed that the head of Siabu village will invite 3 custom leaders in Tiga Koto Sebelimbing to discuss the boundaries. AUGUST 2014: Participatory social mapping lead to creation of a spatial map, giving a clear view of the lands subject to the conflict. A sixth formal mediation event took place in July and a seventh is in the planning process as the terms of a possible settement continue to be negotiated. NOVEMBER 2014: Negotiations have continued between representatives of Datok Rajo Melayu and the PT PSPI team, and facilitors for each party. These informal meetings were agreed as a way to maintain progress and acknowledged by the National Forest Board (DKN). This has allowed all parties to communicate with DKN and request their input. By the end of November, these meetings had not resulted in agreement, but both parties have agreed to continue towards resolution of the conflict, now with the DKN acting as mediator.

6 DECEMBER 2014: Negotiation have continued through the 7th mediation in December Dec with several progress of agreement i.e: 1) Agreed on 1,561 ha as the focus initial agreement among the total 4,500 ha as indicative conflicted land, 2) Both parties agreed the needs to establish an cooperative as the collaborative institution to implement the agreement in the future 3) Both parties agreed to held a subsequent (informal) meeting to directly discuss each technical proposal on buyilding collaboration on the 1,561 ha without mediatior. JANUARY 2015: Datok Rajo Melayu responded the PSPI's offer in written. Datok insisted on 500 ha of rubber plantation for partnership and 1,000 ha of acacia for livelihood crops (TK). PSPI had answered by requesting input from PSPI management on Datok proposal. the National Board of Forestry (DKN) also proposed all parties to consult with Directorate General of BUK (Forest Production Development), under the MEF (Minister of Environment and Forestry). FEBRUARY 2015: Internal discussion within PSPI management on Datok Rajo Melayu proposal has been held, to prepare consultative meetings with DKN and the Dirgen. of BUK regarding its proposal. MARCH 2015: Informal discussion was held between PSPI and DatokRajo, the agreement reached for 1000 ha of acacia for livelihood crops. This agreement will be communicated to the mediator DKN. APRIL - MAY 2015: The draft of the agreement was given to Datok Rajo Melayu. Datok Rajo Melayu reviewed the agreement and asked for revisions. JUNE 2015: Important meeting was held on June 12, 2015: - DKN informed that the mediation has finished with both parties met the agreed solutions. - PTSPI and Datok Rajo Melayu signed the agreement of the plantation partnership of 1000 ha acacia (HTPK scheme). JULY - SEPTEMBER 2015: We still find applicable time with DKN to conduct monitoring evaluation of the implementation of MoU. OCTOBER - NOVEMBER 2015: PT PSPI has conducted initial internal monitoring of the implementation of agreement in the MoU. JANUARY - APRIL 2016: DewanKehutananNasional (DKN) is obliged to conduct monitoring post MoU, it has been postponed without fixed schedule due to limited manpower. TFT to follow up DKN and targeted to complete by early May. TFT and SMF are still on the discussion on how to integrate the communities request (to allocate some fund for CSR program) into IFFS (Integrated Forestry and Farming System/DMPA-Desa Makmur Peduli Api).

7 JULY 2016: The replacement of the Productive Economy Diversification Program is under preparation by SMF and waiting for the approval. HQ to check to region the status of budget submission OCTOBER 2016: Implementation of the agreed MoU (aid: rubber seedling and acacia plantation), community requested to replace the program of rubber seedling support to program of productive economy diversification (e.g. livestock, fisheries, etc), which might be integrated with IFFS program. Budget for Productive Economy Diversification Program has been approved. APP will propose to reschedule the monitoring with DKN in Jan Sorek Conflict: A land tenure conflict between Kesuma Village and PT Arara Abadi (AA) in Riau. JULY - OCTOBER 2013: TFT and APP/SMF have been mapping the conflict. NOVEMBER 2013: Discussions and interviews were held on the socio-economic & cultural aspects of the community in the surrounding areas of Sorek district. There has been initial dialogue between Arara Abadi and youth representatives from 3 villages around Sorek District on 12 November Ongoing. MAY 2014: Sinar Mas Forestry is regularly communicating with the District Official to do the mapping in the conflict area. District Official will invite the 3 village heads involved in the conflict (Tumbun village, Sialang Godang village, Lubuk Raja village) to discuss the boundary mapping in the area. AUGUST 2014: A full profile of the conflict area has been created and a draft action plan. However, it has not yet been possible to arrange a meeting to discuss directly with the Sorek community, although informal discussions are now taking place. NOVEMBER 2014: Concerns over conflicts of interest between the customary leaders led to a change to a bottom-up strategy, whereby the aspirations of the people who planted in the concession area will be addressed by the customary leaders. A meeting to take this forward with the community has taken place, facilitated by the Section Head of Community Welfare at Bandar Petalangan sub-district and the respected leader of the conflicting villages, and attended by all community representatives. DECEMBER 2014: Agreed to held a meeting to prepare the pilot implementation concept paper. RKPK was formulated and presented among different departments in PT AA, which also attended by BET & TFT. JANUARY 2015: The presentation material for Vicon has been prepared to be presented with HQ management to have deeper understanding on pilot Sorek. FEBRUARY 2015: The presentation material has been proposed to HQ management. JUNE 2015: The formation of conflict resolution team for Sorek. The team has informed the progress to HQ, now they initiate to approach Pelelawan regency to help the process.

8 JULY - SEPTEMBER 2015: Conflict resolution team has been agreed to include land tenure study (LTS) into workplan of conflict resolution. OCTOBER - NOVEMBER 2015: An agreement was reached at district level to include land tenure study as a part of conflict resolution stages. The team will immediately perform mini workshop of land tenure study and review the object of conflict. The activity is scheduled to run in December JANUARY - APRIL 2016: The area within conflict resolution have not been developed by both the company and community. There are 2 issues about adat and batins. APP has been engaged with the Dinas Kehutanan to handle this matter. TFT to conduct groundcheck and follow up with land tenure study in early May. JULY 2016: A study will be carried out to decide whether the pilot project area can/can not be planted. Mini workshop will be conducted and MoU to be clarified once the study has been completed. SEPTEMBER 2016: Desk study and meeting has been conducted. The follow up actions are (1) to access Village Map in 1976 in National Archive, (2) tenure study to gather village map of 3 Penghulu and current village mapping, (3) ground check with Head of Lubuk Kranji Timur and Head of Lubuk Raja in claim area, (4) PM in the 300 ha that is claimed in Desa Lubuk Raja andtanjung Air Hitam, (5) PM which involves 4 villages in Rawa Ombo, (6) Schedule a meeting between Batin Bunut and Penghulu Setio, facilitated by Petalangan Customary Chief to discuss livelihood plantation. 4 Riding Conflict: A land tenure conflict between Riding Village and PT Bumi Mekar Hijau (BMH) in South Sumatra AUGUST 2013: the company and the community have agreed to solve the conflict through dialogue. Two Indonesia NGOs are supporting the process through mediation and facilitation. Their role has been agreed by both the company and the local community. OCTOBER 2013: The mediator is facilitating a caucus with each party by way of preparations for negotiations. NOVEMBER 2013: Second mediation event was held on 21 November. The result is agreed to conduct field verification on 10,000 hectares of land. DECEMBER 2013: A second phase of conflict mediation is now in progress. FEBRUARY 2014: Sembawa Research Institute has conducted a land suitable study. This study was requested by Riding community. The objective of the study was to find out whether the area is suitable for rubbber planting or not. APRIL 2014: Sembawa Research Institute presented their report study to the communities, company and other stakeholders. On-going.

9 AUGUST 2014: A third mediation event did not achieve a quorum and a number of members resigned from the process. In an attempt to enable the next mediation to proceed, WBH arranged to meet with community representatives. TFT met with WBH to confirm community representatives ahead of arranging the next mediation. NOVEMBER 2014: The fourth mediation event took place in November and agreement was reached with the community on a range of issues - forming the basis of a prospective MoU between PT BMH and the Riding community, a first draft of which will now be developed. DECEMBER 2014: MoU draft was final and already accepted by BMH, and will be discussed with mediator (IMN), WBH and SMF Jakarta management. JANUARY 2015: The draft of MoU has been discussed in 3 steps: (a) between mediator (IMN), district, SMF and TFT on 15 Jan 2015; (b) between mediator (IMN), communities and TFT on 28 Jan; (c) Revised draft MoU by IMN after discussion with management and communities. FEBRUARY 2015: Revised draft of MoU was reviewed by IMN and APP/SMF legal team, and awaiting the final document from communities regarding their representativeness. MARCH 2015: Representation from community to be confirmed. APRIL - MAY 2015: Evaluation between mediator, TFT and APP/SMF was held. Community representation must be agreed in writing, led by IMN. AUGUST - SEPTEMBER 2015: Meeting was held between SMF and IMN (mediator) to discuss the progress of raising conformity of community representative. IMN also updated us information: (1) As per end of September 2015, signatures from community has reached 800 households (2) Community proposed additional planting area, now it still under discussion along with the completion of community representative signature collection. OCTOBER - NOVEMBER 2015: Based on new proposal from community, BMH conducted simulation and calculation, and as well as prepare alternative solutions that will be consulted to HQ. A meeting was held between BMH, IMN and TFT to discuss that basically company agrees with new proposal from community with conditions such as: (a) It is important to conduct feasibility study with the community for area that is intended for rice fields and the additional acacia plantation. (b) Land preparation will be held in 3 phases; the first phase will open 200 ha, and for next phases will be determined after conducting monitoring and evaluation of first phase achievement. JANUARY - APRIL 2016: IMN requested Ministry of Environment and Forestry to facilitate communication with community on the agreement. Further discussion will be made and involved Directorate General of Ministry of Environment and Forestry.

10 JULY 2016: Two meetings have been carried out with MoEF, OKI and IMN. Next step is to communicate with the Regent on the issue and its relation with IFFS program. OCTOBER 2016: Field observation notes and information from UGM have been shared. APP will encourage MoEF to lead this issue. Mediation has been done in Bogor on Oct 7, which facilitated by MoEF and attended by representatives of Riding, IMN, HKI, OKI, TFT, SMF, BAP. 5 SGP Conflict: A land rights conflict between Khalifah Hasan Basri and PT. Suntara Gajapati (SGP) in Riau DECEMBER 2016: Meeting between BMH, MoEF, HaKI and community reps is conducted on Dec 14 to socialise the draft agreement with community. JULY 2013: In 2011 SGP made an agreement to resolve the conflict with a community led by Khalifah Hasan Basri. The agreement was for SGP to allocate land within their concession (2 hectares per household) for community livelihood plantation. 800 families were registered by Khalifah Hasan Basri and so a total area of 1,600 ha was to be allocated to them. As of January 31, 2013 before the APP moratorium, the community plantation realisation had reached circa 900 hectares. In July 2013, SGP held a meeting with Khalifah Hasan Basri to explain the impacts of the FCP and discuss options for the remaining allocation, which included a natural forest area of approximately 700 hectares (subject to the moratorium). On-going. SEPTEMBER 2013: TFT and SMF discussed the issue with the multi-stakeholder Focus Group Discussion (FGD) held in October OCTOBER 2013: SMF/APP, TFT and SGP visited Khalifah Hasan Basri and the area in question to evaluate the situation. Khalifah was invited to the FGD in Pekanbaru where, with other members of the FGD, discussed options for the realisation of the community livelihood plantation within the concession area of PT SGP. DECEMBER 2013: PT SGP with SMF, TFT and Greenpeace offered an alternative location for the remaining circa 700 hectares, which was refused on the basis that Khalifah considered the preferred area to be customary land. This matter was escalated to the SWG (Solutions Working Group) to seek input and solution from a broader range of NGO stakeholders. FEBRUARY 2014: A group of relevant NGOs (Greenpeace, WWF, WBH, Jikalahari, Scale Up) and Mongabay visited Khalifah Hasan Basri to hear him in person about his claims and give their assessments of the facts on the ground. MAY 2014: A small team comprising APP/SMF, TFT and the above NGOs was established to take the findings of the February visit and explore possible alternative solutions.

11 AUGUST 2014: TFT and Scale up are together developing a resolution proposal, which will balance protection of the circa 700 ha of natural forest with meeting the needs of the Khalifah's community. NOVEMBER 2014: The small team (comprising Greenpeace, WWF, Jikalahari, Scale Up, PT SGP, SMF and TFT) is developing a concept for resolving the conflict to present to Khalifah Hasan Basri. Meanwhile, communication between Khalifah and PT SGP has improved with an initiative to develop a partnership. Scale Up have also asked PT SGP to present its plan for conflict resolution to the small team, with support from TFT. DECEMBER 2014: PT SGP has prepared to present its plan for conflict resolution to the small team, with support from TFT. JANUARY 2015: Through several informal meetings, Khalifah has verbally agreed to not clear the 700 ha of claimed land in the moratorium area. This circumstances shall be put in written in an addendum of MoU. FEBRUARY 2015: The draft of addendum MoU has been prepared to be discussed between both parties. APRIL - JUNE 2015: The addendum has been delivered to Khalifah and still not meet the agreed conclusions. The team will visit Khalifah to discuss again after Eid holiday. OCTOBER - NOVEMBER 2015: PT. SGP and Khalifah Hasan Basri have come with agreement on subsistence points on the addendum. PT SGP met representative of Khalifah Hasan Basri to deliver the original MoU and the draft of addendum that include agreed important points. JANUARY - APRIL 2016: Several meetings have been conducted and commitment has been made verbally that there will be no land clearing in the 700 Ha areas. However, Khalifah refused to outlined in written statement. GP suggested that SGP to keep monitoring the area and to communicate the legal consequences if land clearing is occurred.