As a RSPO member, Sime Darby plantation, should aim to resolve the land conflict involving PT MAS in full compliance with the RSPO P&C.
Since 1995/1996, the company has never informed the affected community of Kerunang and Entapang that their customary land/rights were being subject to the terms of a contract between Sime Darby Plantation and the government of Indonesia.
The community of Kerunang and Entapang hamlet believe that the government of Indonesia will uphold and implement the State duty to protect, recognise, and fulfil the constitutional and human rights of the affected Indonesia communities.
Sime Darby Plantation has the responsibility to respect, protect and remedy their business impacts on the human rights of the affected communities in their operation areas as stipulated in RSPO Criterion 6.13 and the UNGP.
In fact what Sime Darby Plantation (8 November) stated in the statement obviously adds more detail to the factsheet:
1. Kerunang and Entapang community made it very clear in the complaint to RSPO that the complaint is addressed to Sime Darby group as RSPO member, which has ultimate control of ownership and decision over PT MAS II. On the other hand, the chairmanship and representative of PT MAS in the TKPP had a conflict of interests because he participated in the past land acquisition that is subject to RSPO community complaint. By withdrawing from TKPP, Kerunang and Entapang hamlet respect the rights of other village communities to continue with the process of the said TKPP team. In addition the concerns raised have never been addressed by the TKPP and as its decision making was plagued with a lack of due process and informed participation. The TKPP process left Kerunang and Entapang hamlet with unclear and debatable terms of resolved or closed demands, on paper, while the actual implementation of the demands has not yet been put in place.
Kerunang and Entapang hamlet had surrendered larger parts of their customary land/rights than other neighbouring communities. Sime Darby reported that the 12 demands have been resolved as by July 2015 without first having clear ideas with regard to the demands on customary land/rights. In other words, before dealing with other demands, PT MAS should identify and undertake a proper participatory mapping on the extent of the disputed areas as required by RSPO standards.
2. Kerunang and Entapang hamlet have dealt with PT MAS since 1995/1996. The last meeting with representatives of Sime Darby Plantation held in Kuala Lumpur, at the occasion of RSPO RT13, November 2015. They have learned lessons from engagement with PT MAS II and tried to seek lasting solutions including demonstration in 2007 which led to criminalisation and the arrest of community members. There are systemic issues with PT MAS that can be properly and mutually resolved with at least proper and full compliance with RSPO standards, and group wide commitment by Sime Darby Plantation.
Kerunang and Entapang hamlet welcome Sime Darby Plantation not only assist but also proactively work together with them to solve the issues by returning back the community land, at least to be full compliance with RSPO Principles and Criteria.
For more details: access the Sime Darby factsheet on the following link: http://www.tuk.or.id/fact-
For further information please contact:
Edi Sutrisno (Advocacy Director TuK INDONESIA)
Hadiya Rasyid (Communication Officer TuK INDONESIA)