1. INTRODUCTION
Lingkaran Advokasi dan Riset (Link-AR Borneo) is an association-based community organization avowed by the Government of the Republic of Indonesia through notary deed 01/2012 in May 4, 2012, by Rinna Mariati, SH, M.Kn, MH. In addition, Link-AR Borneo has been registered in The Directorate General of National and Political Unity of the Ministry of Home Affairs with a certificate number registered 00- 220-00 / 151 / BKBP-B / 2016 dated March 24, 2016. Link-AR Borneo is included in the category of social organization called Non- Govern- mental Organization (NGO) or Civil Society Organization (CSO).
The purpose of the establishment of the Link-AR Borneo Association are to:
1. Studying and documenting conflicts and natural resources potential and communities of West Kalimantan’s forest and mining areas and their local wisdom management.
2. Strengthening and empowering regional communities related to West Kalimantan’s natural resources to adapt and mitigate climate change.
3. Encouraging the changes in natural resource management policies, especially equitable and sustainable natural resources of mining in West Kalimantan.
4. Promoting the use of renewable energy from sustainable energy sources for energy fulfillment.
5. Promotion and publication to increase public understand- ing of equitable and sustainable natural resource management.
Link-AR Borneo is located in the provincial capital of West Kalimantan, Pontianak, and has a working area coverage in almost all regencies in West Kalimantan Province (in 9 regencies from 12 regencies / cities), they are Ketapang, Kubu Raya, Sanggau, Sekadau , Sintang, Kapuas Hulu , Landak, Mempawah and Melawi.
In the span of time from 2014 to 2017 activities were carried out around action research, aternative economic development and mapping of indigenous and village areas and advocacy for the oil palm plantation sector and also Industrial Plantation Forests (HTI). West Kalimantan is now one of the targets for the expansion of TNC / MNC (transnational corporations / multinational corporations) companies which operate in the land and forest-based natural resources sector, has become an important part in the development of people’s economy.
Expansion of companies engaged in the land and forest sector in West Kalimantan is divided into several phases or epochs, the era of the kingdom, the Dutch colonial and Japanese colonial era, then the phase of the New Order Regime of 1966-1998 and the reform phase of 1998 - 2017.
Phase by phase has its own characteristics and character in the exploitation of natural resources (SDA) and humans. The royal phase is still based on smallholder agriculture and small- scale gold mining, forest products such as rattan, resin etc. In this phase, community production is still very traditional and is done collectively and still barter (exchange of goods), but some of the people’s production is handed over to the kingdom. Dutch colonial phases began to be known as commodity crops such as rubber trees, pepper, copra and wood. Where all types of merchandise were controlled by the Dutch colonial government, the Dutch currency became known. What the Dutch colonial government did was the same as what the Japanese colonial government did. Through
a Japanese company called Sumitomo, they exploit forests and mines, as happened in Labai, Ketapang Regency. Exploitation of the natural wealth of the people of West Kalimantan was carried out for the needs of war and also for sale.
In the New Order phase, the exploitation of natural resources was very barbaric, either mining or forests and large-scale rubber and oil palm plantations. West Kalimantan is one part of the exploitation of natural resources and a place of seizure of community rights. But no one returned to the community, which made people experience change towards worse conditions in the economic, political and cultural fields.
In the forestry sector, there are many Forest Concession (HPH) licenses in West Kalimantan which are almost all filled with cronies of former President Soeharto and also foreign companies from the United States (US) which are the result of an economic agreement with them. They are PT.
Barito Pacific, Lyman Group USA, Alas Kusuma, Sumitomo and many more. The concessions spread throughout the region of West Kalimantan. Rubber and oil palm plantations were run by PTPN XII and XIII (PT Perkebunan Nusantara), followed by a foreign company Lyman Group to build oil palm plantations in Sanggau, Sekadau and Sintang Regencies. Then Timber Plantation (HTI) through Inhutani led to the sale of Inhutani III to PT. Finantara (Sinar Mas Group / Asia Pulp and Paper). In the mining sector there is PT. Masmeaning in Bengkayang Regency (known as the ex of Sambas Regency).
In the reform phase that took place from 1998 to present, there were several changes, both political and economic changes. However, changes still has not been in direct contact with the interests of the people in accordance with the 5th Precept of Pancasila, social justice for all Indonesian people and Article 33 of the 1945 Constitution, which stipulates that the control of important production branches is controlled by the state and used as much as possible for the prosperity of the people . The process for the process continues to be carried out by giving birth to many policies with the change of leader or president. The macroeconomic approach from the New Order phase to the present is still being carried out, where the exploitation of natural resources continues and low wages still occur.
Development based on exploitation of natural resources of land and forests is given free space to oil palm plantation companies, timber plantations (HTI), forest concession (HPH) and mining are still the prime sources of the government without seeing the potential and what the people have tried to be pushed to be more advanced. So that the land grabbing and environmental damage are increasing massively. We cannot blame what happens to the regional government which is only an extension of the central government, but it is important to build a synergy together to remind the central government. Examples are large-scale oil palm plantations. Regional income from large-scale oil palm plantations is not much, whereas large-scale oil palm plantation licenses have reached ± 5 million hectares, which is controlled by 411 companies. This will certainly affect the wheels of economic development and improve the fate of the people in West Kalimantan.
In addition to the absence of economic contribution from the large-scale oil palm plantation sector to West Kalimantan, this sector has also caused ecological impacts on more than 38,000 West Kalimantan people affected by Acute Respiratory Infections (ISPA) due to forest and land fires in 2015. In addition, floods occur evenly in all regions of West Kalimantan. The community economy does not show a better change in general, except for a handful of ruling elites and entrepreneurs.
Conflict of tenure (control of land rights) occurs everywhere, this is due to the company’s disobedience to laws and regulations and policies that do not favor the interests of the people. Agricultural land and community cultivation are decreasing / narrowing due to large-scale oil palm plantation concessions and timber plantations (HTI).
2. PROGRAM AND ACTIVITY OF LINK-AR BORNEO
Based on a number of conditions above Borneo Link-AR conducts several activities where activities are carried out based on research in the area that has been determined, but also based on the provisions of applicable laws and regulations to become a reference for activities, such as the 1945 Constitution, 39 th Plantation Law 2014, Forestry Law No. 41/1999, Human Rights Law 39 1999, UUPA No. 5 1960, and international conventions ratified by the Indonesian government and international standards.
2.1 Investigation and Advocacy of Large-Scale Palm Oil Plantation and Timber Plantation (HTI)
Energy needs that are so rapid in all countries, especially developed countries, have forced developing and semi-developed countries or the Third World to become a place to meet the needs of the bio-fuel and biomass industries. This is also encouraged because of the depletion of fossil oil, so it is necessary to create alternative energy. West Kalimantan is one of the big granaries for large-scale oil palm plantations and timber plantations (HTI).
As for what was done by Link-AR Borneo conducted an investigation / research action on several oil palm plantations, which were then written down and submitted back to the community which was then used as a basis for advocacy at the community, government and international levels. This is in accordance with Article 62 of the Plantation Law No. 39 of 2014,which stipulates that the development of sustainable oil palm plantations should not cause economic, socio-cultural and ecological damage to the community (Farmers and Laborers).
From the investigation there were findings of agrarian conflicts and environmental damage as well as the absence of economic improvement of indigenous peoples / farmers who became partners of oil palm plantations. For example, the profit sharing from the sale of Fresh Fruit Bunches (FFB) is not in accordance with the initial socialization, the income of the community ranges from Rp. 1,000 to Rp. 250,000 / month / plot. Not only regarding the distribution of results, indigenous people / farmers also do not know if becoming a plasma partner must bear the debt of tens of millions of rupiah per plot / head of household. This happens because there is no knowledge from the indigenous people / farmers and there is also no good assistance from the related agencies, instead the related agencies are part of the company to trick the community.
Such things are also felt by oil palm plantation workers where labor rights are not fulfilled by companies, such as insurance (BPJS), work safety (K3), clinics, children’s and school playgrounds, clean water and not as camps laborer. The majority of oil palm plantation workers in West Kalimantan come from indigenous communities / farmers. Indigenous people / farmers who become laborers because the share of plasma is unsatisfactory or not in accordance with the initial socialization and there is no more land for farming / farming and gardening because the company has taken it or is partnered with an oil palm plantation company.
The results of the investigations obtained after being distributed to the community and read together are conveyed the problems and findings with the community to the district government, the provincial government and the central government. Then report to the National Commission on Human Rights, hearings to the DPRD both regency and province, conduct campaigns such as press conferences and address issues to the international network if the government and companies are slow in resolving the conflict.
The limited knowledge of indigenous / local communities, farmers and laborers, so that when disputes / conflicts occur with the company the community is always faced with rules that will usually lead to the criminalization of the community. If so, it is not uncommon for hard action from the community to the company.
Legal education for the rights of the community and also the actions that must be taken against the company so that there will be no anarchic actions or actions that lead to criminal actions alleged by the company to the public. So that we also encourage people to do multi-stakeholder social dialogue, even though in social dialogue it will be difficult to get good results for people who are not RSPO members.
Legal education and understanding education of the Law, international covenants and international conventions to the public are understood by companies and governments
as a form of provocation against the community. This is because people who have sufficient understanding of the prevailing laws and regulations will make the community more courageous and confident to discuss and debate with the company and the government which is indicated to be in favor of the company.
This is happening in many places including the region where the Borneo Link-AR works. Negotiations carried out by the community then are better not with emotion but with the approach of law and rules, even though in fact negociation or dialogue that occurs sometimes the company feels wrong doing intimidation through the regional government and the police.
Social dialogue is carried out in accordance with the Pancasila in the fourth principle, to seek conflict resolution in a good and wise manner and to benefit the main community as Indonesian citizens and as legitimate owners of territories included in company concessions by local governments.
2.2 Training in Mapping Customary / Village Areas
Customary / village areas are one part of the integral unity of the Unitary Republic of Indonesia, but many customary / village territories are not yet clear in their territorial boundaries, both customary and village administrative areas in accordance with Village Law No. 6 of 2012. From the work of Link-AR Borneo in 2 last year has helped provide mapping training and mapping the area.
Village mapping was carried out by Kapuas Hulu District, Seberuang District and Semitau District. The results of the participatory mapping were submitted to the district government by the sub-district government. Then mapping the customary / village areas in Ketapang District in Simpang Hulu and Simpang 2 Districts. Several maps have also been submitted to the Ketapang District government by village leaders and customary leaders. In Seberuang Subdistrict, the results of the mapping were submitted by village leaders to the district government.
The community also identifies the potential of natural resources that can be used as economic sources, sources of medicine, sources of food and sources of building houses, including also helping in recording customary and village history. In this activity there is an agreement for the protection of indigenous / village areas that are still forested, then delivered a number of social forestry schemes to the community with the advantages and disadvantages of social forestry schemes. The choice is in the community in deciding, the Link-AR Borneo does not impose a will. An example in Ketapang District in 5 villages in Simpang Hulu and Simpang 2 Subdistricts, some villages agreed that the protection scheme for indigenous territories which was narrowed down was customary forest.
2.3 Agroforestery-Based Agricultural Education and Economic Development
Economic development carried out not only has been developed and cultivated by the community but also economic alternatives. One that has been developed by the community is rubber farming.
Rubber is a production effort of 90% of indigenous people and farmers in West Kalimantan, where Link-AR Borneo encourages agroforestry-based rubber farming, by providing good garden care training without having to cut down the trees around the rubber plantation. Then teach the making of organic fertilizer and the introduction of diseases in rubber trees and ways of prevention.
In the near future, the Borneo AR Link will encourage direct cooperation of rubber farmers with rubber factories in West Kalimantan. Link-AR Borneo is selecting a good rubber factory, meaning not only buying rubber products from farmers, but also providing sustainable rubber farming education without damaging forests and ecosystems and also companies that can provide CSR to the community. This is done in order to establish a good and harmonious relationship between indigenous / local communities or farmers with companies. In addition, the Borneo AR Link will educate and encourage palm oil farmers to follow the RSPO international standards so as to build sustainable and sustainable oil palm plantations.
Besides rubber and palm oil, Link-AR Borneo and the community are encouraging community food agriculture, by developing local plants that have been cultivated by the community (sources of funds are being sought) such as tamarind eggplant, red / black rice, and mustard forest. Not only food but also local fruits and palm trees etc.
The introduction and promotion of sustainable palm oil follows international standards in this case the RSPO. Community knowledge of RSPO international standards is very limited, so it is necessary to introduce what RSPO is and the benefits if farmers meet RSPO standards in production and production that will be obtained by farmers. For example about the price of FFB, the farmer will get RSPO certificate, then the price of fruit is purchased by RSPO members above the market price. In addition, there are conditions that must be prepared by farmers starting from land certificates, either property rights certificates (SHM) or certificates. The Link-AR Borneo also recommends that farmers get cultivation seedlings (STBD) issued by the regent. If you have already obtained STBD, farmers can submit revitalization funds to banks collectively through cooperatives.
Education and promotion of the RSPO and conditions according to international standards are carried out in Ketapang, Sintang, Sanggau, Sekadau and Kubu Raya. Especially for Ketapang District and Sintang District, socialization of FPIC and RSPO standards has been carried out. Education and promotion on the socialization of FPIC and RSPO standards in Sintang District was carried out in Kelam District, while in Ketapang District it was conducted in Simpang Hulu District, Simpang 2 District.
2.3 Network and Involvement in Government Activities
As a civil social organization / NGO institution engaged in social and environmental issues, Link-AR Borneo is also involved in network work both national and international NGO networks. In October 2017, Borneo Link-AR was involved as an active participant in the 2017 Second Tenurial Conference (after the First Tenurial Conference in Lombok in 2011) organized by the Ministry of LHK, KSP and the Civil Society Coalition in Jakarta.
In addition, Link-AR Borneo became the organizer of international human rights and business activities, where the event was held in West Kalimantan and opened by the Governor of West Kalimantan on 11-12 October 2017 in Pontianak. The event was a collaboration between the National Commission on Human Rights in Southeast Asia, who attended the event were representatives of the Indonesian National Human Rights Commission,the Philippines, Vietnam, Laos, Malaysia and Thailand, representatives of indigenous peoples
at the United Nations, Director General of International Relations Ministry of Manpower, Director General of Plantations Ministry of Agriculture , KSP Team, and international NGO networks. The aim of the meeting was to encourage sustainable palm oil plantations by promoting human rights in business, so as to minimize conflicts between companies and indigenous / local communities, farmers and laborers, so that Indonesian oil palm plantations are a good example in the world. In addition, at the international level are involved in the RSPO and also discussions on timber plantations (HTI) that promote human rights and ecology.
Nationally, Link-AR Borneo is also involved in strengthening ISPO, one of the palm oil plantation company organizations initiated by the government, where ISPO must have internationally recognized standards. When international recognition of ISPO is not strong, it will affect CPO exports to Europe, America, China, India and CPO buyers, and of course will also get international pressure.
Link-AR Borneo is also involved in the discussion and preparation of a peat-land road map with Peat Restoration Agency (BRG), the Environtment and Forestry Ministry and a national NGO network. Likewise, Link-AR Borneo is involved in discussions on the scheme of social forestry at the national level.
Borneo Link-AR involvement at the West Kalimantan level, though still limited. But at the national and international level, Link-AR Borneo has contributed a lot in the preparation of road maps and provided input on government policies relating to social issues, oil palm plantations, HTI and peat.
3. RECOMMENDATION
Communication with the district and provincial governments of West Kalimantan must be improved in order to build synchronization of work and establish a good dialogue in solving any problems stemming from the Borneo Link-AR field findings relating to the rights of indigenous peoples, farmers, workers and women. In addition, the findings of the Borneo Link-AR field that are related to the environment in West Kalimantan that we know of have been repeatedly hit by smoke and flood disasters, so it can be said that the environmental carrying capacity in West Kalimantan can be said to be in the worrying line.
The number of licenses for oil palm and timber plantations (HTI) in West Kalimantan has not had a significant impact on indigenous peoples, farmers, workers and women. Precisely what happened, the existing agrarian conflict was increasingly massive. From the data in the agrarian conflict data base compiled by Link-AR Borneo, in 2017 there were 25 agrarian conflicts, both regarding the release of land that violated the rules, the distribution of plasma / partners which was very detrimental to the indigenous people / farmers and also violations of rights- labor rights are in accordance with the Labor Law so that many workers do not get their rights properly and in full.Then criminalization every time it happens threatens the community and the damage to the ecosystem that is gradual continues to occur. This will have an impact on the poor environmental conditions in West Kalimantan, so that advocacy works at the community and government levels, as well as companies need to be carried out systematically and simultaneously so as to minimize conflict and environmental damage.
The cooperation between the Borneo AR Link and the district and provincial governments can be carried out continuously in the sense that policy must be given input based on field facts. In addition, the government as the existing budget controller can be synergized with the existing economic development work of the community. So, in the future Link-AR Borneo can only access community empowerment and advocacy funds within the local government.
4. FINANCIAL
Borneo Link-AR fund mobilization plans for the future:
1. Access government funds to increase agricultural production and open market access.
2. Program cooperation with companies and factories, concerning human rights and business programs, especially the oil palm plantation sector.
3. Continuing program cooperation with the Link-AR Borneo supporting institutions
5. CLOSING
All efforts have been made, but in a relatively short time and the age of Link-AR Borneo, which has just entered the age of 4 years has not been able to contribute that can change all in a fast time, especially at the community level, plus the limited budget resources. But what Link-AR Borneo has done has made a lot of people understand and help efforts at community level improvement that have been far from access to limited information and education. The urge of Link-AR Borneo to members of the West Kalimantan Provincial DPRD to immediately ratify the regional regulation on the protection of indigenous territories is one of Link-AR’s Borneo (LB) contributions in an effort
to engage in policy politics.
The creation of this report is a form of LB’s responsibility to the people and the local government and our supporting institutions so far, although we realize that we have not received funds from the central government or the regions so far. But as a responsibility, it is important that we submit this annual report to the local government in this case the Governor of West Kalimantan, Secretary of West Kalimantan etc.
We hope that in the future we will continue to work to provide the best for the people of West Kalimantan and Indonesia, even though every effort and real work in the field will continue to be tried with various kinds of accusations such as provocateurs, anti-development (the same as the New Order regime) etc. What is done by Link-AR Borneo is to carry out the mandate of the 1945 Constitution, UUPA No. 5 of 1960 and Laws and regulations that have not been conveyed to the public.
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