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Jakarta, September 6, 2012 – The REDD+ Task Force welcomes the Medan State Administrative High Court Decision dated August 30, 2012 that accepted the appeal of civil society organizations (WALHI Aceh) and ordered the Aceh Governor to revoke PT Kalista Alam’s plantation permit for 1,605 hectares land in Rawa Tripa, Nagan Raya District, Aceh Province. “This decision is in line with our recommendation because the land utilisation permit granted to PT. Kalista Alam was based on invalidated location permit (izin lokasi) and is included in the Indicative Moratorium Map (IMM). So, we hope there will be no more mismanagement in the process of permit issuance,” said Chair of the Working Group of Legal Review and Law Enforcement of the REDD+ Task Force, Mas Achmad Santosa.
Rawa Tripa is deemed peatland area included in the Indicative Moratorium Map (IMM) located in the Province of Nanggroe Aceh Darussalam. “Peatlands are susceptible to fires when drained, so protecting it means materializing our development goals and to reduce greenhouse gas emissions up to 41 percent,” continued Mas Achmad Santosa. Previously, WALHI Aceh sued the Governor of Aceh and PT. Kalista Alam to revoke the Aceh Governor Permit No. 525/BP2T/5322/2011 dated August 25, 2011. WALHI Aceh’s demand to revoke palm oil plantation permit in Rawa Tripa granted by the Governor of Aceh to PT Kalista Alam was rejected in April 2012 by Banda Aceh State Administrative
Court judge panel on the basis that parties involved have not gone through out-of-court settlement efforts. Some 21 villages around Rawa Tripa had also protested that the establishment of PT Kallista Alam had caused their water level in the community’s wells to drop drastically.
On July 4,2012, the Head of the Presidential Unit for Development Monitoring and Oversight (UKP4), Ministry of Environment, and National Police’s Criminal Investigation Unit (Bareskrim Polri) visited Rawa Tripa after reports of fire in the peatland area. From the visit, the Head of Aceh Police sent a letter to the Governor giving some recommendations to clarify borders of the Rawa Tripa area and revoke all plantation permits within the Rawa Tripa area by compensating them with land in other areas or with equal value.
For further information, please contact:
Chair of Communication and Stakeholders Engagement Working Group
REDD+ Task Force
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REDD TASK FORCE URGES ACEH GOVERNMENT TO TAKE FURTHER ACTION ON RAWA TRIPA CASE
Jakarta, 18 July – The Head of the Presidential Unit for Development Monitoring and Oversight (UKP4) and Chairman of the REDD+ Task Force, Kuntoro Mangkusubroto, continues to follow up and monitor authorities in Aceh with concrete measures on developments related to his letter dated 3 July 2012 to the Governor of Aceh requesting the revocation of the licenses and permits of two companies whose activities are found to be in violation of several legal provisions.
UKP4 has been leading the strong government initiative since April 2012 in investigating the case of illegal land clearing through systematic and deliberate forest fires by two companies in the area of Rawa Tripa, close to the globally renowned Leuser Ecosystem Area and home to protected peat lands and endangered bio-diversity. Several NGOs as well as members of the public had also raised this issue and petitioned the government to take appropriate action.
Investigations carried out under the directions of UKP4 and REDD+ Task Force in April 2012 clearly established that violations had taken place under Law number 18/2004 concerning Plantation; Law number 32/2009 concerning Living Environment Protection and Management; and Law number 26/2007 concerning Spatial Planning as well as Presidential Decree number 32/1990 concerning Protected Area Management.
Letters were sent to the Ministry of Environment and the Head of the Indonesian National Police demanding thorough investigations. These investigations further revealed several irregularities in the issuance of permits as well as blatant violation of several laws governing the conversion of land use. On 3 July, a team from UKP4/REDD+ Task Force comprising the Heads of the Working Groups on Legal Review and Moratorium Monitoring travelled to Aceh to hold meetings with provincial officials. They also conducted aerial surveys of the forest fires which confirmed that the two companies continued to act not only in gross violation of the applicable laws but also in complete disregard for conservation of endangered bio-diversity and concerned public opinion.
A letter dated 3 July from the Head of the Presidential Unit for Development Monitoring and Oversight (UKP4) and Chairman of the REDD+ Task Force, Kuntoro Mangkusubroto to the Governor of Aceh Province in Nangroe Aceh Darussalam, Dr. Zaini Abdullah, requesting the revocation of Plantation and Cultivation Permit (IUP-B) issued to Surya Panen Subur (PT SPS 2) and Permit Letter Number 525/BP2T/5322/2011 dated 25 August 2011 issued in the name of Kalista Alam (PT KA) was handed over to the Regional Secretary (SEKDA) during this visit.
In a bid to sensitize the provincial authorities to the various provisions in the Moratorium Decree that is part of the UKP4 and REDD+ Task Force mandate, the following six aspects were also outlined in a list presented to the provincial authorities:
1. The Moratorium is intended for all activities concerning land-based permits in Rawa Tripa to prevent degradation and to find comprehensive solution for economic, conservation and social needs.
2. Conducting scientific research or comprehensive inventory to identify the whole bio-psychical characteristics in Rawa Tripa including hydrological integrity, chemical concentration, as well as its mineral soil. This research is required, among others, to define area delineation which is targeted as the protected area (core peat area) as well as for the use of buffer zone.
3. Based on the complete understanding, it is necessary to accelerate the finalization of Spatial Planning for Leuser Ecosystem area, in particular Rawa Tripa. This Spatial Planning will be adopted by and/or adjusted to the ongoing development of Spatial Planning of Aceh Province.
4. Collaboratively preparing a plan for comprehensive protection and management in Rawa Tripa Area so as to achieve a win-win solution in the context of conservation, economy, and social needs. For example, the existing plantation activity in the area must be halted and moved to another suitable land (land swap), or the activity is allowed to run provided that their business concept is changed into ecosystem restoration, for instance, by replacing palm oil with ramin and jelutung (Dyera Costulata) which are more suitable with the swampy peat ecosystem.
5. Strengthening the ongoing legal measures (criminal, administrative, and civil) so as to get swift conclusions. Providing backup to comprehensive legal reviews particularly of the issued permits for Leuser Ecosystem Area – specifically the Rawa Tripa area.
6. Regain public trust in the government, such as by conducting corrective measures for the practices committed by the security apparatus in the field, for example by taking stern measure against unscrupulous apparatus/Indonesian Military for intimidating the community and asking the police/Indonesian Military stations to move out from the concession area (company).
This cooperation and collaboration at the national and provincial level is hoped to set a positive precedent and send a strong signal that there will be zero tolerance for violations endangering the environment and the country’s rich natural resources and bio-diversity. UKP4/REDD+ Task Force will continue to review other permits that may have been improperly issued and also monitor activities of the license or permit holders to ensure that such acts are not repeated.
For further information please contact
Chair of Communication and Stakeholders Engagement Working Group
REDD+ Task Force