members of Liberian communities resisting EPO efforts to take their land.

Transcription

1 rz" December 2013 F01JATC)RIAI PALtv1l)j L Ms Natalie Ashworth Global Witness 6 TH Floor, Buchanan House 30 Holborn, London Dear Natalie, Equatorial Palm Oil (EPO) is a responsible company and committed to sustainable oll palm development. We welcome this opportunity to refute your statements as per your letter of ri" Dec 2013 as follows: Global Witness statements 1-4: 1. EPO was involved in arbitrary arrests and assaults on 18 September of members of Liberian communities resisting EPO efforts to take their land. 2. These assaults included community members being beaten and slapped by EPOsecuri-ty-. 3. EPO security personnel and members of the Liberian Police Support Unit (PSU) assaulted and arrested unarmed civilians who were objecting to the expansion of EPO's plantation onto community-owned land in September Members of the communities were walking to Buchanan on the 18 September when group was overtaken by PSU and EPO vehicles who beat and arrested community member We have proper procedures for dealing with land disputes as members of RSPO and adhere strictly to the Free, Prior and Informed Consent (FPIC) procedures' laid out. EPO was not involved with and had no knowledge of this incident until allegedly so by Sustainable Development Institute (SOl) and now by Global Witness (albeit with different claims of number of people assaulted on the day).

2 We have similarly refuted SOl's claims to RSPO.This is because no instructions were given to our EPO security personnel to stop or arrest any Liberian Community member on the is" September and they do not have the authority to make any citizen arrest outside our concession area or assault anybody in any way. Our further investigations also showed that our EPO security personnel were not engaged in any special assignment or operations other than routine patrols and guard duties on the day in question. There have been instances when the Liberian police have requested the use of our EPOvehicle and during these times, our vehicle and its use are under their control. Global Witness statements 5 & 6: S. Seventeen community members were arrested, forced to squat in the PSU vehicles when they were taken to Buchanan 6. Those arrested were released after the government's County Attorney found there was no ground for the arrests. Our EPO security personnel have no such authority and our investigations also show no such action was taken. EPO was therefore not at all involved with and has no knowledge of the 17 community members allegedly arrested, forced to squat in the police vehicle and later released by the County Attorney. Please refer to Appendix 1 On the above, the Global Witness statements management are baseless and irresponsible 1-6 made against EPO and its Global Witness statements 7&11 7. EPOhas planted palm oil trees and cleared land on Jogbahn community land in the Palm Bay concession in Grand Bassa County Liberia which is contrary to protections by Liberian law and in international standards.

3 11. EPa has cleared some of Jogbahn community land and also planted palm oil on Jogbahn community land in the Palm Bay concession in Grand Bassa, Liberia We respect the Liberian community rights and land, and have followed the law and procedures laid out and agreed internationally when community land is encountered in our concession area. EPa appointed an independent consultant, Coastal & Environment Services (CES) to conduct EHSIA assessment and also to assess the communities' farmlands in our existing concession area. FPIC was conducted and on agreement, of the areas planted todate by EPa with oil palm, only two small areas owned by the community were acquired, compensated and documented accordingly following the laws of Liberia. Please refer to Appendix Z Contrary to your statements and their implications, EPa has taken strict steps to ensure that only our concession land and legally acquired community land as agreed with the landowners are planted with oil palm. To ensure this, Joghban clan chief and other clan members have given us a letter to go ahead with the resurvey in order to get clarity of the concession boundary. Please refer to Appendix 3 Global Witness statements 8, 9 &10: 8. As detailed below, according to Jogbahn community members, they were subject to increasingly severe intimidation by company staff and PSUofficers throughout September This was because they opposed to the resurvey of the land, and the company's plan to expand onto customary land in the Palm Bay concession, Grand Bassa, Liberia. 9. The intimidation includes EPa security and PSU driving through villages at night flashing their headlights which led to women and children to flee to the bush. 10. Further threats were made by PSU and EPa security to community members that if they tried to stop the survey they would kill them.

4 As a responsible Company, we do not condone or encourage such described behavior by any of our staff. Such incidents have not been reported previously and we and our staff are therefore very disappointed and outraged to be falsely accused of such callous behavior. EPO has therefore never instructed or directed any of its staff or PSUofficers to intimidate Jogbahn community members in September or at any time. We have no report or knowledge of such complaints until accused by SOl's allegation and now GW's statement. If available, please present specific evidence to us and we shall take appropriate action against the staff involved. The resurvey of the concession land had been completed and authenticated by the Liberian Government in Nov-Dec 2012 and EPO is now resurveying and marking the boundaries of the land. Please refer to Appendices 4 & 5. Global Witness statement No 12: 12. EPO is seeking to expand the plantation further without the free, prior and informed consent of those who live on the land. The current operation of EPO that is in discussion here is the resurvey and demarcation of the boundaries of our concession area as per the approved resurvey map of Nov-Dec This is essential to allow definition of affected community land and agreement or otherwise with the community prior to planting further oil palm areas within our concession. As agreed and stipulated by the Liberian Government, the resurvey of our concession land and boundary demarcation is strictly within the old concession area of 34,500 acres. Please see Appendix 5. The resurvey exercise is one of the requirements as per the concession agreement between the Government and EPO. The current existing concession was surveyed and demarcated by the Liberian authorities in 1965 and more recently (in 2012) surveyed by Bureau of Lands and Survey of the Ministry of Land, Mines & Energy using GPS methodology. Please refer to Appendix 4

5 However, the local communities requested EPO management to conduct the resurvey by physically 'cutting of line' along the entire boundary of the concession for better transparency. This was approved by the Minister of Land, Mines & Energy. Please refer to Appendix 5 Further the Grand Bassa County Authority of the Ministry of Internal Affairs had duly authorized to begin the resurvey after decision was reached from a meeting held with the County authority and the local communities on August 19 th Please refer to Appendices 6 & 7 (pages 1-6) This request for resurvey was also highlighted by Coastal & Environmental Services (CES),an independent Consultant appointed by EPO to undertake ESHIA assessment during which several meetings were conducted by them with the local communities. Please refer to Appendix 8 Comprehensive discussions and negotiation were held between EPOand the local communities during the span of a few months preceding the resurvey where an agreed decision materialized in the form of signing a Memorandum of Agreement between the local communities and EPO to carry out the resurvey. Please refer to Appendix 9 In line with this decision, a Technical Working Group (TWG) was established to represent all the 'would be' affected communities to voice their grievances and to facilitate in the resurvey process. The members of the TWG were selected by the elders from various villages. Please refer to Appendix 10 Also to ensure that all traditional and related matters are properly handled during the resurvey exercise, the Government requested the presence of traditional leaders to work along with the licensed and registered land surveyor appointed by us and approved by the Bureau of Lands and Survey of the Ministry of Lands, Mines & Energy. Please refer to Appendix 11 This resurvey exercise underway will allow us to establish and clearly demarcate the legal boundaries of our concession area. It is one of the key processes for FPIC which will guide our work with the affected local communities within our concession area to resolve and avoid potential

6 conflicts. We have consulted with and met the local community and Government leaders in these matters and obtained their general consensus to proceed with the work. Like you, EPO wishes to ensure that the natural resources and wealth of Liberia is shared fairly with the local community. EPO therefore remains committed to working with all affected local communities and the Liberian government to bring sustainable economic development and much needed employment to wherever it is operating in Liberia. This is why we have cooperated fully with you and your staff in your investigation. We thank you for this opportunity to respond to your statements and shall be happy to clarify or elaborate on any points in doubt especially if you have evidence to the contrary. Yours Sincerely, Geoffrey Brown Director ~H~}ATORIAI 'ifij' PALtv\ 01 L Equatorial Palm Oil pic 47 Charles St. London, WlJ 5EL Registered Address: One America Square, Crosswall,London Registered No EC3N 2SG