Stop Forced Evictions of KTPHS Residents, Restore indigenous peoples' lands and Fulfill the Basic Rights of Residents Affected by the COVID-19 Plague
The government urges people to stay at home and avoid the crowd, so that the spread of the COVID-19 outbreak can be cut off transmission. However, not all residents can carry out the appeal. The people who are members of the Padang Halaban and Surrounding Farmers Group (KTPHS) in Padang Halaban, Aek Kuo District, Labuhan Batu Utara Regency, North Sumatra, are one of them. In the midst of the spread of the plague, they must also survive so as not to be expelled by PT Smart Tbk - operating under Golden Agri-Resources Ltd (GAR).
According to an open letter to the President distributed by KTPHS, the execution of civil verdict Number 65 / pdt.G / 2013 / PN Rap will be carried out on March 30, 2020. What will be executed is the land claimed by KTPHS since 2009 in the active HGU of PT Smart Tbk. The people who are members of the KTPHS have controlled around 87 hectares of land with the aim of returning their village which has been lost since the 1965 incident.
On March 30, 2019, in a discussion at the Office of the Hutan Rakyat Institute (HaRI), the National Commission on Human Rights stated that there were indications of gross human rights violations of KTPHS related to land grabbing. The violation was also followed by cases of enforced disappearance and murder[1]. In December 2014 Komnas HAM issued a letter related to this matter, and asked the parties (Bupati, Police, Companies, Attorney General) to ensure that the community did not become victims of human rights violations for the second time. The discussion was an attempt by Komnas HAM to follow up on alleged human rights violations in the KTPHS case.
Long before, when the Agrarian Reform program was carried out in the Soekarno era, people who are now members of KTPHS received a Certificate of Land Ownership in the program. However, in 1965 and the entry of large-scale investments in Padang Halaban, community control of land was eliminated. In 2009 those who came from 6 lost villages in the period 1967-1969, again claimed their land in the PT Smart Tbk HGU. The land occupation has continued until now - however, it will soon be expelled.
In a coverage on Mongabay entitled "Looking for a Lost Village in Padang Halaban," there were at least 3000 ha of land occupied by residents during the Soekarno land reform program. At that location, residents built eight villages and obtained a Land Occupation Registration Card (KRPPT)[2]. Based on the card, residents began farming.
In the same news, the land controlled by thousands of people was taken back by the Soeharto Government and gave it to the plantation company Plantagen AG (Plantagen Aktiengeschlischaft) - currently owned by PT Smart Tbk. For residents who defend their land, are considered PKI members.
After decades, the community has again claimed land that is now controlled by PT Smart Tbk. In 2009, KTPHS occupied the land and submitted a civil suit to the Rantau Parapat district court. However, until the appeal to the Supreme Court, the KTPHS lost. The defeat, which led to the planned execution of civil decisions on land now occupied by KPTHS at PT Smart Tbk's HGU.
Of course the execution plan made the people who are members of KPTHS suffer. Land that used to belong to them but was usurped in the New Order era, did not return to them. What's more, the execution plan will take place when the COVID-19 outbreak threatens residents' health. The execution plan certainly will not make residents calm in their respective homes. They, inevitably, even though COVID-19 threatens health, will still gather to defend their land which has long been usurped by the authorities.
Elsewhere, the forced eviction of the Send Farmers Group (KTM) Sending by PTPN II in Mencirim Village, Deli Serdang Regency on March 13, 2020. now farmer residents must hitchhike with their families in the surrounding villages, and some even do not have a place to live. There are still agrarian conflicts that occur in other areas, which make residents unable to calm down at home to avoid the COVID-19 outbreak. But, of course, they will gather and survive the forced eviction and land grabbing.
Agrarian conflicts that occur in the plantation sector must be resolved. The case of KTPHS against PT Smart Tbk is one that needs to be resolved by the government. The agrarian reform program carried out by the Government today, should target the resolution of the conflict. However, since the agrarian reform was carried out, the conflict and others have not yet finished. Instead of targeting land conflicts, the agrarian reform carried out today is more about the distribution of land certificates.
In addition, the KTPHS case involves companies that are committed to implementing policies without deforestation, without peat, and without exploitation (NDPE Policy). In the policy, one of the indicators is that companies must address complaints and conflicts in a transparent and consultative manner. PT Smart Tbk, claims that it has carried out the Standard Operational Procedure (SOP) on Handling Social Conflict, which was issued in July 2014. However, in reality, the conflict continues to this day.
The company should implement the NDPE policy that has been their commitment. In this case, not only focus on reducing emissions due to deforestation. But, also on social issues such as conflict and human rights violations. Before the land was controlled by PT Smart Tbk, indeed, seizure occurred during the Plantagen AG plantation. However, it cannot be denied that the embryo of land controlled by PT Smart Tbk, originated from a change in ownership from Plantagen AG to PT Smart Tbk, which operates under GAR. Therefore, as a commitment of GAR and its subsidiaries to the NDPE policy, they should encourage the acceleration of resolution of agrarian conflicts and alleged human rights violations related to land grabbing in the case of KTPHS.
New cases
The incident in Lahat Regency, Pulau Pinang District, a case of violence that began due to a land dispute covering an area of 180.36 hectares that was deliberately evicted in 1993 by a palm oil plantation company PT. Arta Prigel, Bukit Barisan Indah Permai Group[3]. Based on the chronology of the incident, the conflict peaked in early March 2020 where the Lahat District Head called on the company who then decided not to give the disputed land to the community, which in the end the community tried to defend the land they had held / reclaimed since September 2019. The company that came together with security, thugs, and police officers asking the community to withdraw from the land telling them to go back to the village. The community succeeded in getting the company delegates back to the disputed border because the company messengers were unable to present the company manager. The riots started from the company which resigned while igniting the masses to create a riot that clashed with the company and the community. As a result of this clash, 2 farmers died and 2 were seriously injured due to stabbing and sharp weapons from company officials.
The same case of the forced take of community land occurred in Ketapang District. PT. Ayu Sawit Lestari (Cargill Group) carries out 360 hectares of oil palm planting activities outside of their HGU[4]. The public sees that the government tends to tolerate this illegal activity. Previously PT. ASL also criminalized one community for allegedly stealing oil palm fruit on land that was found to be outside the HGU. He (the accused community) afterwards spent time in jail for three months which was finally tried after being decided by the Ketapang District Court that he was innocent because there was no evidence to suggest that he stole the oil palm fruit.
Demands
1. Settlement of conflicts, planned execution of civil decisions should pay attention to the current situation and conditions. The expulsion of KTPHS residents from the claimed land must pay attention to human rights principles. Specifically economic, social and cultural rights. COVID-19 outbreak in Indonesia certainly affects the income of the community in general, and will eliminate the livelihoods of citizens who are members of KTPHS in particular. Thus, the Government and companies, before carrying out the execution of the decision, must ensure the fulfillment of the basic rights of KTPHS citizens. Fulfillment of these basic rights, also includes the people of Indonesia in general. So that residents who are members of KTPHS can remain calm in their respective homes to decide on the spread of COVID-19, the planned execution of the civil decision should be postponed or stopped. This action needs to be taken by law enforcement to prevent citizens from gathering. And so that the situation remains conducive at the location of the conflict.
2. Violence experienced by farmers in Pulau Pinang sub-district, Lahat District, committed by PT. Arta prigel Bukit Barisan Indah Permai Group must be thoroughly investigated and the company owner must be legally responsible for the deaths of 2 farmers. To the local and central government to revoke permits and return the community agricultural land claimed by the company based on the permit granted by the district government.
3. Cargill to ensure to all existing subsidiary companies that no more violence is carried out in the form of criminalization of indigenous peoples and farmers, who ask for lands which are community lands to be returned, the case of PT, Ayu Lestari, Ketapang District, in the verdict of the Ketapang District court was free of the masses of the Singkup Village which was criminalized and stated that the land claimed by PT.Ayu Sawit Lestari had not held a legal title and it was community land.
4. Buyers who have committed and carried out NDPE sustainable sawn plantation practices, to evaluate and stop the purchase of FFB, CPO and their purchases from companies that clearly violated NDPE.
Pontianak, March 29, 2020
NDPE Coalition of West Kalimantan
Eko Zanuardy
Narahubung : 081254683793
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[1] Upaya Penyelesaian Konflik Agraria KTPHS oleh Komnas HAM." HaRI, 30 April 2019, diakses 28 Maret 2020, http://hari.or.id/news/2019/04/upaya-penyelesaian-konflik-agraria-ktphs-oleh-komnas-ham/ [2] Ayat S Karokaro, "Mencari Desa Hilang di Padang Halaban," Mongabay, 11 Oktober 2015, diakses 29 Maret 2020, https://www.mongabay.co.id/2015/10/11/mencari-desa-hilang-di-padang-halaban/ [3] Sengketa Lahan, Walhi Sumsel: Dua Warga Lahat Tewas Diserang Sekuriti Perusahaan Sawit https://www.mongabay.co.id/2020/03/25/sengketa-lahan-walhi-sumsel-dua-warga-lahat-tewas-diserang-sekuriti-perusahaan-sawit/ [4] PT Ayu Sawit Lestari Diduga Lakukan Aktivitas di Luar HGU https://insidepontianak.com/2020/03/19/pt-ayu-sawit-lestari-diduga-lakukan-aktivitas-di-luar-hgu/
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