Progress Report to RSPO CP Complaint on PT KPC + 17 PTs€¦ · RSPO Stop Work Order on 14 Sep 2015...
Transcript of Progress Report to RSPO CP Complaint on PT KPC + 17 PTs€¦ · RSPO Stop Work Order on 14 Sep 2015...
2slide
Contents
1. Summary of key events (Jul-Sep 2016)
2. Status of GAR follow-up on CP decisions
3. Summary status of agreed action plan
4. Next Steps
4slide
1. Summary of key events
(Jul 2016 – Sep 2016)
Date Event Details Status
Jul-Aug 2016 Key community
consultations and
meetings on land tenure
and remediation in KPC
Facilitated by LINKS
Communities in KPC decided that Sijil
Hak Milik (SHM) is preferred to HGU for
Plasma
Menapar community requested that GAR
develops 118 ha of agreed Plasma before
finalizing on additional lands identified to
be acquired for Plasma
GAR accepts community preference
and will facilitate accordingly
GAR preparing for development of
118 ha for Plasma
Jul-Aug 2016 Participatory mapping
exercise for -- PTs
completed/in progress
6 PTs completed. Remaining PTs in
progress: 4 planned to be completed by end
2016, of which:
1 PT pending map completion for
distribution.
2 PTs completed public consultation and
currently conducting mapping exercise.
1 PT plan public consultation in early Sept as
agreed with community.
Implementation ongoing
Aug 2016 Legality review by HPRP
completed
HPRP submitted report to RSPO
On page 40 of the legal review HPRP
concludes “In brief, aside from findings
delivered in Point III.5 herein, we would
view that on the Complaint Date GARs
Subsidiaries had complied with prevailing
laws and regulations in Indonesia.”
GAR confirms acceptance of report
findings
RSPO to send report to FPP and CP
GAR accepts report findings. Will take
necessary actions as prescribed in
Section III.5. GAR also notes the
findings that these outstanding actions
do not prevent GAR from continuing
its plantation activities and the
summary finding that aside from
these, GAR is in compliance with the
prevailing laws and regulations in
Indonesia.
5slide
1. Summary of key events
(Jul 2016 – Aug 2016)Date Event Details Status
Jul/Aug 2016 HCV conservation and
monitoring workshops
with communities
facilitated by Ekologika
Ongoing Ongoing
Jul/Aug 2016 FPIC Remediation in
remaining PTs
The team finished desktop
analysis of HCV4-6 and published
reports on 24 PTs in Jul.
Preparation in progress for
community engagement in PT
AKM and MKA
Sep 26th planned for start for PT AKM and
MKA
Aug 4 2016 Meeting with RSPO on
Legacy FPIC Project
RSPO briefed GAR that as part of
the Indonesian NI review decision,
an Indonesian FPIC Guidance will
be developed and Management of
Legacy FPIC issues will be part of
this guidance.
A Task Force is likely to be formed
to develop this and complete its
job in 1 year from expected
inception in Aug/Sep 2016
GAR offers to be part of the Task Force,
offering its experience in FPIC remediation
FPIC Remediation of KPC and other PTs will
continue as per agreed actions and TOR
7slide
2. Status of GAR follow-up on CP
decisionsRSPO CP Final Decision dated 6 May
2015
GAR follow-up status Update
Status
Progress Track
1. On FPIC: GAR must take remedial
actions to correct shortcomings in its
land acquisition process with the
affected communities.
Replied on 29 May 2015. Agreed with FPP on action plan for
remediation. Key challenge is to communicate to the community on
relevant regulations. TP3K socialize the status of the land after
the expiry of HGU to the community on 13 May 2016 (Desa Mantan
and Nanga Suhaid) . HGU issue was clarified and the community
had accepted, in writing, that it accepts that the status of the land
will be decided by the government after one cycle (Note: TP3K
explained clearly that HGU valid for one cycle and 35 years is the
maximum term for plantation , but could be shorter depending of
the productivity of the crop) . FPP view is that the meetings are
only a re-statement of prevailing law and communities
acknowledgement of this.
Update Ongoing (GAR
continues to work
with communities,
facilitated by
LINKS, to agree on
remediation
package. For other
PTs, this will be
addressed per
remediation TORs,
see Section 3)
2. On legal permits and licences: GAR
must demonstrate that it possesses the
legal documents as required under
Indonesian law for land development in
the 18 PTs.
HPRP submitted report to RSPO. On page 40 of the legal review
HPRP concludes “In brief, aside from findings delivered in Point
III.5 herein, we would view that on the Complaint Date GARs
Subsidiaries had complied with prevailing laws and regulations in
Indonesia.” GAR agrees with findings and will follow up on Point
III.5. RSPO will send report to FPP and CP for review.
Update Completed
3. On exceeding maximum land
holdings: To be pursued by the Ministry
of Agriculture
No action by GAR, to be pursued by RSPO Historical NA
4. On HCV assessments: HCV
assessments done by 18 PTs to be
subject to peer review.
Replied and submitted documents on 29 May 2015 that the original
HCV assessments for 18 PTs have been peer-reviewed. As
additional measure, Ekologika is engaged to improve the protocol
for HCV management and monitoring. FPP met with Ekologika on
8 Apr 2016 to review the work done. GAR understands that FPP is
satisfied with the quality of work and progress, particularly the
management and monitoring protocol of HCV4-6. MoUs for HCV
conservation and monitoring signed with 6 communities,
discussions ongoing with 4.
Historical Ongoing
8slide
2. Status of GAR follow-up on CP
decisions
RSPO CP Final Decision dated 6 May
2015
GAR follow-up status Update
Status
Progress
Track
5. On plasma: GAR to honour commitment
to allocate 20% of land to smallholders.
Submitted details to RSPO on 29 May 2015 that plasma constituted
21.3% of planted area. However, GAR recognises that communities
calculated 20% allocation based on total area discussed prior to
allocation for HCS and other commitments. NPP submission and
public posting for plasma development in PT PIP was completed on
6 February 2016. GAR have identified potential additional areas in
KPC and Menapar community has requested that agreed plasma
area (118 Ha) be developed first before additional areas are
considered. GAR working on NPP and other processes to start this.
Further details in Section 3 below.
Update Ongoing
6. On NPP: GAR to declare all land planted
with NPP. To clarify on late submission for
the 18 PT’s.
Submitted details to RSPO on 29 May 2015.
Excerpts from notes of 14 Sep 2015 meeting for recap:
“RK recap the chronology of GAR NPP posting on 7 Mar 2014 and
from the last notes of meeting on 24 Jul 2015, where the RSPO
Secretariat acknowledged the agreed proposed approach by GAR in
Mar 2012 requesting RSPO not to publish GAR’s NPP based on the
reasons raised (public listed selective disclosure etc).
Darrel Webber will explain to FPP on this agreed RSPO action and
will also present to the CP to decide on RSPO action.
Action: 1. RSPO will clarify with FPP on the delays in these posting
of NPP notifications.
2. RSPO to address on GAR NPP posting with CP and FPP as per
notes of meeting on 24 July 2015.”
Historical Completed
9slide
2. Status of GAR follow-up on CP
decisions
RSPO CP Final Decision dated 6 May
2015
GAR follow-up status Update
Status
Progress
Track
7. On new land development: GAR to stop
acquiring or developing new land until
complaint dealt with.
Submitted declaration to RSPO on 18 Dec 2014, repeated in letter of
29 May 2015. GAR confirms that it is still suspending acquiring or
developing new land in the relevant PT’s.
Historical Complying
8. GAR / PT KPC to
i. Confirm all development halted until
complaint resolved
ii. Furnish a detailed reply to the allegations
Letter from GAR to RSPO dated 25 Mar 2015 confirmed all
development in PT KPC halted and furnished reply to allegations.
Further clarified in letter dated 29 May 2015.
Historical Completed
11slide
3. Summary status of agreed action
planAction Plan
Item
GAR proposal for Lifting of
RSPO Stop Work Order on
14 Sep 2015 meeting in
KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
1. Completion of
Participatory
Mapping (PM) in
18 PTs.
• Completion of 7 PTs’ PM.
• Completion of Roll out
plan for all companies.
Agreed 6 PTs completed. Remaining PTs in progress: 4
planned to be completed by end 2016, of which:
a. 1 PT pending map completion for distribution.
b. 2 PTs completed public consultation and
currently conducting mapping exercise.
c. 1 PT plan public consultation in early Sept as
agreed with community.
Ongoing
2. FPIC guideline
(including Land
Tenure Study
guideline)
implementation.
• Completion of guideline
endorsed by relevant
stakeholders (e.g. TFT,
FPP).
• Completion of Training
and socialization of the
guideline.
Agreed FPIC SOP was reviewed by FPP and its
comments were incorporated resulting in the
Enhanced FPIC SOP. The SOP is currently being
refined further based on the revised RSPO
guideline published in Feb 2016.
A Land Tenure Guide was also developed. GAR
will apply the guide, when there is an overlapping
land claim between communal land and cadastral
boundaries. For example, GAR referenced the
guide to resolve the Kenabak Hulu land claim.
Ongoing
12slide
3. Summary status of agreed action
plan
Action Plan Item GAR proposal for Lifting of
RSPO Stop Work Order on
14 Sep 2015 meeting in
KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
3. Land
Remediation in
KPC (FPIC
Consultation)
• Conduct FPIC
consultation in all relevant
villages .
• Implementation of FPIC
consultation.
• Detail roll out plan in
relevant villages in KPC
shared with FPP.
Agreed 1. TP3K socialized the status of the land after
the expiry of HGU to the community on 13
May 2016 (Desa Mantan and Nanga
Suhaid) . HGU issue was clarified and the
community now understands and accepts
that the status of the land will be decided by
the government after one cycle (Note:
TP3K explained clearly that HGU valid for
one cycle and 35 years is the maximum
term for plantation , but could be shorter
depending of the productivity of the crop). .
FPP view is that the meetings are only a re-
statement of prevailing law and
communities acknowledgement of this.
2. Communities in KPC have decided that Sijil
Hak Milik (SHM) is preferred to HGU for
Plasma. GAR will faclilitate.
3. PLASMA area allocation: GAR has
identified some areas and in discussions
with community about acquiring additional
land for PLASMA. , Menapar community
has requested that agreed plasma area
(118 Ha) be developed first before
additional areas are considered. GAR
working on NPP and other processes to
start this.
Ongoing
13slide
3. Summary status of agreed action
plan
Action Plan Item GAR proposal for Lifting of
RSPO Stop Work Order on
14 Sep 2015 meeting in
KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
3. Land
Remediation in
KPC (FPIC
Consultation)
• Conduct FPIC
consultation in all relevant
villages .
• Implementation of FPIC
consultation.
• Detail roll out plan in
relevant villages in KPC
shared with FPP.
Agreed 4. GAR has studied the new option of “Hak
Komunal” as proposed by FPP based on the
new Ministerial level regulation (Permen
Agraria 9/2015). The initial findings confirm
that this option has not yet been applied in
Indonesia in a similar context. The regulation is
still lacking in implementation detail/ supporting
law as well as clarity in terms of the relationship
with existing Indonesian plantation law. There
would also be impact on the financial
agreement already in place for both inti and
plasma as that financial agreement is tied with
the HGU/SHM conditions. GAR conclusion is
that this option is not feasible for KPC but is
open to explore in other new developments.
Ongoing
14slide
3. Summary status of agreed action
plan
Action Plan Item GAR proposal for Lifting of
RSPO Stop Work Order on 14
Sep 2015 meeting in KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
4. Enhancement of
HCV assessment
• Sharing of draft enhancement
protocol (assist by Ekologika).
• Sharing of roll out schedule of
the protocol.
• Incorporating the enhanced
protocol in any submitted NPP.
Agreed FPP met with Ekologika to review the
management and monitoring protocol on 8
Apr 2016. GAR understands that FPP is
satisfied with the quality of work and
progress. Workshops conducted with
communities:
1. PT PIP: All communities signed MOU for
conservation and monitoring.
2. PT KPC: 2 communities signed, 4
communities in discussion. 4 communities
reject MOU, but these are outside the
cadastral.
Ongoing
15slide
3. Summary status of agreed action
planAction Plan
Item
GAR proposal for Lifting of
RSPO Stop Work Order on 14
Sep 2015 meeting in KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
5. Fulfilment
of
smallholding
commitment.
• Conduct Plasma consultation
(community engagement) to
discuss the issue with
communities transparently.
• Implementation the agreed
resolution resulting from the
discussion.
Agreed From a regulatory standpoint, for the 18 PTs:
1. 15 PTs are obligated to pursue the 20%
plasma threshold (Min. of Agri No.26/2007)
a. 7 PTs have fulfilled plasma threshold,
b. 3 PTs are in fulfilment progress including
PT. PIP whose NPP was approved in Feb 2016,
c. 2 PTs are in the process of obtaining land
and permit,
d. 3 PTs are pending government decision to
pursue the plasma threshold
2. 3 PTs are not obligated to meet the 20%
plasma threshold (given their IUP permits were
issued before 2007), yet pending government
decision they will continue to develop plasma for
community.
3. All PTs where government decision is
pending (1d and 2) are subject to regulations
(PP104/2013 and PP60/2012), which resolve a
spatial planning dispute between the Ministry of
Forestry and the Central Kalimantan provincial
government. GAR have submitted pleas for
clarification under each PT, but until
governmental technical teams finish land
analysis and dispute is settled, GARs ability to
develop plasma is restricted.
(Continued next page)
Ongoing
16slide
3. Summary status of agreed action
planAction Plan
Item
GAR proposal for Lifting of
RSPO Stop Work Order on 14
Sep 2015 meeting in KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
5. Fulfilment
of
smallholding
commitment
(continued)
• Conduct Plasma consultation
(community engagement) to
discuss the issue with
communities transparently.
• Implementation the agreed
resolution resulting from the
discussion.
Agreed From the social point of view, GAR is
reviewing documentation to determine,
whether local communities and individual
PTs have made plasma agreements above
and beyond the regulatory threshold.
Such is the case in PT KPC, where the
community understanding is that management
agreed to 20% plasma development on the total
compensated (rather than planted) area.
PT. KPC:
1. GAR explored the possibility of implementing
FPP’s recommendation regarding release of
inti area into plasma. The conclusion is that
existing financial arrangements including
bank loans for both inti and plasma and also
permits with MoA and Kabupaten makes it
virtually impossible to change.
2. GAR has identified some areas and in
discussions with community about acquiring
additional land for PLASMA. , Menapar
community has requested that agreed
plasma area (118 Ha) be developed first
before additional areas are considered.
GAR working on NPP and other processes
to start this.
Ongoing.
17slide
3. Summary status of agreed action
planAction Plan Item GAR proposal for Lifting of
RSPO Stop Work Order on 14
Sep 2015 meeting in KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
6. GAR PT’s
Legality and
maximum
landholdings
• Agreement of ToR for
independent legal opinion
(lead by RSPO) to assess PT
legality
• Agreement that the RSPO
address the issue of maximum
landholdings
Agreed. HPRP submitted report to RSPO. GAR
agrees with findings. RSPO will send
report to FPP and CP for review.
Completed
7. Remediation of
Land developed
without proper
consent in 17 PTs
• Agreement of ToR of the
Remediation process with FPP
Agreed (on 8 Apr 2016) TOR was discussed with FPP (Dr Marcus
Colchester) on 8 Apr 2016. The proposed
changes have been incorporated and
remediation is being implemented
according to the TOR. The ToR was
developed around the same time the
RSPO developed (with FPP) a procedure
for identifying loss of social HCV4-6. The
two efforts are related and inform each
other in that they require engagement with
the community on legacy issues. Thus,
GAR envisioned that the two efforts be
coordinated. The team finished desktop
analysis of HCV4-6 and published reports
on 24 PTs in Jul. Field implementation
will began in PT AMK and MKA on 26
Sep. FPP and relevant stakeholders will
be updated on progress every 6 months.
Ongoing
18slide
3. Summary status of agreed action
plan
Action Plan Item GAR proposal for Lifting of
RSPO Stop Work Order on 14
Sep 2015 meeting in KL.
Principle agreement on
14 Sep 2015 meeting
Agreed/Disagreed by
FPP
Status Update Progress
Track
8. Others:
Exclusion from
KPC’s HGU area
of community
rejected Palm
• Start process discussion with
the community.
Agreed. As reported to FPP on 2 Feb and in the Mar
Progress Report, KPC excised relevant
areas from its cadastral map and submitted
the map to the land agency, BPN.
Having completed the PM and excised
communal areas, such as in Kenabak Hulu,
KPC is not aware of any unresolved
overlapping land claim.
Closed for
monitoring
19slide
4. Key next steps
• Implementation of remediation TORs for remaining 17 PTs
• Continue with remaining agreed actions in KPC
• Work on the revised Practical Guidelines for FPIC Fulfilment with
FPP inputs
• Regular progress update and discussion sessions with FPP