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SETAPAK ISSUE NO.2
January
2015NEWS
AcehForest•Photo:RhettButler
The SETAPAK program is a DFID-funded initiative focused on
improving forest and land governance in order to reduce emissions
from deforestation and peatland degradation and contribute to
poverty reduction. To achieve these goals, SETAPAK partnered with
national and local NGOs to make concrete contributions to improve
transparency, accountability, rule of law and policy in forest and land
governance in six Indonesian provinces.
Outlined in this newsletter are some of the recent achievements by
SETAPAK’s 37 national and locally based NGO partners. A civil society
tool has created a baseline measure of land and forest governance
across 16 districts; local governments have been supported to
implement the Freedom of Information Act and to support local
civil society actors to request information and pursue grievances;
corruption cases investigated and violations of laws reported resulting
in the cancellation of permits; research has been carried out at the
local level on governance issues and media on forest and land issues
has increased. Read on for more information about the inspiring work
of SETAPAK partners.
ISSUE NO.2
January
2015NEWS
Transparency is a key component of good forest and land governance.
Access to accurate and up-to-date information helps citizens
to understand how decisions related to forest and land use are
made and to ensure their appropriateness. Indonesian Centre for
Environmental Law (ICEL) and Seknas Fitra partnered to develop
an instrument called the Land and Forest Governance Index (LFGI),
which establishes a baseline for tracking four aspects of district
governance – transparency, participation, accountability and
coordination – in the forestry, mining and plantation sectors. The LFGI
provides a useful tool for NGOs to use to design advocacy activities
and to provide a basis for informed dialogue with governments to
target areas for improvement.
The LFGI produced a baseline (measured out of 100) for the following
16 districts:
The English translation of the first study of nine districts is available for download from
the Asia Foundation website: http://www.asiafoundation.org/publications/pdf/1441
In 2015 a follow up study will be conducted to measure progress of forest and land
governance of all 16 district governments. This will help local CSOs reflect on what governance
interventions worked and what strategies are needed to continue to improve governance.
Already NGOs have used the LFGI measures to design strategic advocacy initiatives to improve
key areas of land and forest governance. For example, the LFGI findings for Ogan Komering
Ilir, South Sumatra identified the need to increase availability of information. WBH used these
findings to support the issuing of a district regulation to implement the key requirements in the
2008 Freedom of Information (FoI) Act.
Land and Forest
Governance Index
Transparency
and Access
To Information
02
100
Kutai Kartanegara
Kapuas Hulu
Muara Enim
Musi Banyuasin
Bulungan
Musi Rawas
Kubu Raya
Malinau
Melawi
Banyuasin
Sintang
Ketapang
Paser
Berau
OKI
Kayong Utara
55.03
27.04
23.21
17.17
16.01
14.67
14.34
12.22
11.8
11.74
11.41
10.3
7.68
7.07
5.3
2.1
The LFGI tool measures transparency based on how easily civil society can access government information deemed
public as directed in the FoI Act. CSOs are demanding transparency by submitting information requests for 35
documents of relevance to land and forest governance issues, related to EIA, logging, mining and plantation
concessions and local government annual work plans. Where information is not provided within the time the FoI Act
allows CSOs pursue grievances using the mechanisms set out in the law.
As more civil society groups demand information and pursue grievances, governments are encouraged to become
more transparent. Already NGOs are playing a strong role in increasing demand for public information. In Aceh, MATA
pursued information grievances when the Mining and Energy, Forestry and Plantation Agencies failed to provide
information requested. The grievances were mediated out of court through the Aceh information commission who
facilitated an agreement in MATA’s favour; and the documents requested were provided. To avoid further information
grievances, the secretariat of the Aceh provincial government released a circular letter, clarifying the procedures for
government agencies to respond to information requests.
In West Kalimantan, when SAMPAN’s request to the Ketapang government was not fulfilled, SAMPAN pursued
information grievances through the National Information Commission (as there was no provincial information
commission in West Kalimantan). The NIC ruled that mining concession permit maps were not public information.
This is problematic as maps are important sources of public information to enable the public to monitor private sector
activities, and are relevant to land tenure issues for communities near the concessions. With assistance from Linkar
Borneo and Kalimantan Legal Aid Movement (Gerakan Bantuan Hukum Rakyat Kalimantan), SAMPAN challenged the
NIC decision through the state administrative court (PTUN) in Pontianak, which ruled in Sampan’s favour – that the
mining concession maps were public information and had to be provided by the district Mining Agency to SAMPAN.
SAMPAN has since received the mining concession maps from the Ketapang government.
Information accessed through the FoI Act is being used by CSOs for various accountability initiatives, including to
review the compliance of land use permits to environmental laws; and analyzing local budget expenditures and
revenues with respect to forest and land use issues.
Measuring transparency by
testing access to information
A short film produced by Forest Watch Indonesia
highlights the importance of information in dialogue
and decisions related to forest and land governance:
http://www.youtube.com/watch?v=pHXiY_027RY
ForestinSouthSumatra•Photo:ArminHari
CSOs are working to support the implementation of the FoI Act, which outlines steps local
governments must follow to ensure citizens’ rights to information. These steps include the
formation of Provincial Information Commissions, the designation of local government information
officers to respond to information requests, the establishment of standard operating procedures
for handling information requests and procedures for handling grievances.
Already, CSO achievements related to implementing the FoI Act include:
• In Kubu Raya, Jari supported the drafting of District Head regulation no. 3/2014 about Standard
Operation Procedures for provision of public information (issued 10 February 2014).
• In Banyuasin, WBH supported the drafting of decree no. 33/2013 about SOP for provision of
information was issued (issued 5 February 2014). A website was developed by WBH and the
PPID on how to access information: www.ppid.banyuasin.go.id
• In Muara Enim, PINUS supported the issuing of District Head regulation No. 45/2014 on work
procedures for the management of official documents and information (issued 23 September
2014).
• In OKI, South Sumatra, WBH supported the development of a District Head regulation No.
664/2014 about management and provision of public information by the government (issued 4
September 2014).
• In Aceh Besar district, GeRAK supported the issuing of District Head regulation No. 113/2014
about managing public information. Budget has been allocated for a PPID position, and an SOP
will be issued in future.
Achievements related to
implementing the FoI Act at a
provincial and district level
ISSUE NO.2
January
2015NEWS
MininginBerau•Photo:ArminHari
04
Law Enforcement
and Anti-Corruption
Initiatives
The SETAPAK program partnered with another Asia Foundation program, ‘Equipping Tomorrow’s
Justice Reformers,’ to hold a training on environmental law enforcement in September 2014.
The training provided 22 activists skills in basic environmental law enforcement, covering land
and forest cases as well as wider environmental issues such as pollution. The training taught
about laws and procedures that activists can leverage to have environmental cases heard in
courts, including how to define legal standing and how to collect evidence and use advocacy
to support litigation and how to engage public interest lawyers. The law enforcement training
taught partners how to bring cases through Indonesia’s three court types – civil, criminal or
administrative. The SETAPAK program will continue to support law enforcement training in 2015.
Law enforcement training
On 12 June 2014 the anti-corruption working group GeRAK launched a course on mining
corruption, to respond to the expansion of mining in Aceh. The mining corruption course
material will teach participants about mining governance issues, including regulations,
business permit and revenue collection processes, and other aspects of mining with potential
for corruption or misuse. Course alumni will put their training to work, to investigate potential
cases of corruption and legal violations. Already GeRAK’s desk investigations have identified
65 mining companies that are operating in protected forests, these will be cross-checked with
field visits by mining corruption alumni.
GeRAK’s anti-corruption school
Gerak anti-corruption school
ISSUE NO.2
January
2015NEWS
The Gerakan Samarinda Menggugat, a coalition of East Kalimantan
NGOs, together with local communities, academics and civil society
leaders, made legal history by winning Indonesia’s first environmental
civil lawsuit on 16 July 2014. The court case was not a SETAPAK
initiative, however its important to share learning’s about this case as
it sets a legal precedent for other CSOs to learn from, including the
impact roles played by JATAM-BUMI.
The GSM citizen lawsuit took two years of preparation, and involved a
series of 26 court trials before a verdict was reached in the Samarinda
district court. The court ruled in favour of some of the GSM’s charges;
that the local government had been negligent in fulfilling their
obligations to create a good and healthy natural environment (set out
in the 2009 Environment Law) that had consequently detrimentally
impacted the people of Samarinda. The court also ruled that the
government must revise public policies about coal mining including:
evaluating all coal mining permits that have been allocated, monitoring
reclamation and post mining efforts, environmental improvements,
strategic efforts in protecting community farming and fishing areas
from contamination from coal mining activities. The court also decided
that the government had not managed mining permits appropriately.
The GSM opted for a citizen lawsuit over other lawsuit or litigation
options. According to JATAM East Kalimantan, a civil lawsuit was the
best option as this works to change or reform government policy
as opposed to other options, like class action, which is for seeking
compensation. The GSM submitted their case to the Samarinda
High Court, putting the charges as mismanagement of the city’s
environment and posing harm to residents due to unsustainable
mining concessions. The GSM brought together 19 plaintiffs, all of
whom had been impacted in different ways by mining in and around
Samarinda. The plaintiffs included rice and fish farmers whose water
sources had been diminished by the impacts of mining, combined
with dust and acid levels in water that forced local communities to
purchase water to irrigate their crops. They also argued that impacts
to diminished soil fertility had reduced their produce yield. Other
plaintiffs included university students, academics, private sector
workers and religious leaders who had been hindered from accessing
their places of work and study due to landslides and flooding that
directly followed mining expansion in Samarinda. The constant
noise and coal dust from mining operations posed health risks, and
unprotected mine sites had caused in eleven deaths by drowning in
exposed mining pits filled with water.
Since the July court announcement, the government defendants have
lodged an appeal with the High Court of East Kalimantan. The GSM
are now working on strengthening their evidence. Many are optimistic
that the GSM evidence is strong enough so that the decision is
unlikely to be overturned.
Environmental
activists make legal
history: Samarinda
Law Suit (GSM)
Activist’s that supported the GSM have their heads shaved to celebrate the court victory
Photo: Armin Hari
Members of the GSM hold up briefing papers explaining their 14 demands
Photo: Armin Hari
06
PT Kallista Alam legal case
On 25 August 2011, the then Governor of Aceh Irwandi Yusuf issued a
permit to the company PT Kallista Alam to develop a 1,605 hectare palm
oil plantation in the Tripa peat swamp forest, an area which is part of the
Leuser Ecosystem. Local NGOs protested the permit, and sent a letter to
the Governor demanding the permit be withdrawn as it violated a national
law that protects the Leuser Ecosystem and other areas of environmental
importance, as well as former President SBY’s national moratorium on
allocating new permits in primary forests and peatland areas. Environmental
groups also demanded the Ministry of Environment (MoE) investigate the
issue. The MoE investigated formally in May 2012, and found that the
company had been clearing forests in the Tripa area for 10 months prior to
receiving the permit.
When the permit was not revoked, WALHI Aceh pursued a lawsuit to the
Medan State Administrative High Court, where the court ruled in WALHI’s
favour – finding the issuance of the permit was a legal violation and that
the company owned at least one illegal permit. The court ordered the new
Governor of Aceh, Zaini Abdullah, to cancel the illegally issued permit.
On 27 September 2012, the permit was withdrawn by the new Aceh
Governor, who released a letter stating that 1,605 hectares of the Tripa
swamp area would become a managed protected area. PT Kallista Alam
appealed the decision to the Supreme Court, which was later rejected,
upholding the Medan State Administrative High Court’s decision and order
that the new Governor revoke the permit.
A second set of proceedings took place on 8 November 2012, when the
MOE filed civil and criminal lawsuits against PT Kallista Alam through the
District Court of Meulaboh. The charges were illegal clearing of peatlands by
burning and causing environmental damage in the Tripa peat swamp forest.
A series of court hearings and mediations were held, with the court handing
down its final ruling on 1 January 2014. The company was found guilty of
illegally clearing peatland forest by burning within the protected Tripa peat
swamp in violation of the national law 32/2009 on Environmental Protection
and Management. PT Kallista Alam was fined $31 million (Rp 362 billion) for
environmental destruction and damage recovery costs.
Most recently, PT Kallista Alam filed an appeal with the Supreme Court on 6
October 2014, claiming the initial case was invalid as it failed to include all
relevant parties as defendants, including the governor of Aceh for issuing the
permit in 2011. PT Kallista Alam also disputed the amount of land the lawsuit
claims they deforested - 1000 ha. This appeal case is yet to be settled.
Other examples of litigation cases –
historic ruling of Tripa swamp case
(PT Kallista Alam)
Another example of litigation used by
environment NGOs is the lawsuit WALHI
submitted against palm oil company PT
Kallista Alam and the Governor of Aceh,
Irwandi Yusuf, for issuing permits in areas
of protected forest and violating the national
moratorium that reinforced protection of
primary forests and peatlands. PT Kallista was
ordered to pay $31 million (Rp 362 billion),
sending a powerful message to companies in
Aceh and other parts of Indonesia about the
potential consequences of illegally clearing
forests or using burning methods. Although
not part of the SETAPAK program, this case
set an exciting new precedent for Indonesia’s
environment movement.
TripaAerialFlyover
ISSUE NO.2
January
2015NEWS
As mining expands in Indonesia it is increasingly important to
ensure that revenues gained from resources extracted outweigh the
environmental and social damages brought by mining. Indonesia is
now the world’s highest exporter of thermal coal, and coal mining
is expanding quickly in East Kalimantan and other locations across
Indonesia. Poor governance means that the process for issuing mining
permits has not adequately considered the environmental or social
impacts of mining, at a high cost to local communities.
In an attempt to address violations of mining permits in Indonesia, the
Corruption Eradication Commission (KPK) this year has supported a
crackdown on the mining sector. According to the KPK, of the 10,857
mining permits (IUP) across Indonesia, only 5,989 have received
a clean and clear status – meaning they adhere to requirements
concerning forest usage and government revenues. ‘The focus for the
KPK is to increase government revenue and avoid revenue leakage’,
said Bambang Tjahjono, director of coal business supervision at the
Ministry of Energy and Natural Resources in an interview.
To evaluate mining permit compliance, the KPK conducted visits to 12
provinces, four of which were SETAPAK regions – Central Sulawesi,
East Kalimantan, South Sumatra and West Kalimantan – between
February and March 2014. Silvagama accompanied the KPK’s visits to
engage provincial and district governments, as part of the KPK team
and to facilitate involvement of civil society in the activity. Four of the
SETAPAK regions were visited. The KPK found from their visits to 12
provinces, more than 4,500 mining companies owe the government
land rent and royalties of Rp. 5.43 trillion (US$468 million), and
recommended governments review or cancel permits that do not meet
‘clean and clear’ status.
As a result of the KPK’s visits, according to the Director General for
Minerals and Coal, 265 permits have already cancelled in SETAPAK
locations: 17 mining permits were cancelled in Musi Banyuasin, South
Sumatra; 85 mining business permits in Morowali, Central Sulawesi; 2 in
Kapuas Hulu, West Kalimantan; 16 in East Kalimantan (5 in Samarinda,
1 in Kukar, 10 in Berau); and 11 in Malinau, and 35 in Bulungan, North
Kalimantan. A larger number still are non-clean and clear; the Energy
and Mineral Resources Ministry have given local administrations until
December 2014 to ensure licenses adhere to regulations.
Throughout November the KPK conducted follow up visits to Sulawesi,
Sumatra and Kalimantan to check the progress of the recommendations
issued earlier in the year. SETAPAK NGO partners used this opportunity
to communicate with governments and the KPK, producing policy
briefs and infographics on how to improve mining processes, including
ensuring that permits work as they should to ensure environmental
laws are adhered to, that revenues are collected from resources
extracted, that post-mining clean up and land rehabilitation is
monitored. Initiatives to push for improvements to mining are
continuing, most recently ICW activist Emerson Yuntho alongside a
group of NGOs met with the New Environment and Forestry Minister
Siti Nurbaya Bakar to discuss corruption issues in the forestry sector.
Partners in West Kalimantan are working on a similar initiative for the
KPK to focus on governance issues in the palm oil sector in 2015.
Coal Corruption
The Corruption Eradication
Commission cracks down
on corruption in coal
and mineral mining
Samarinda’s Mahakam River busy with coal barges
Photo: Armin Hari
Emerson Yuntho from ICW discusses forest corruption with
Siti Nurbaya Bakar, Minister of Environment and Forestry
08
To provide a mechanism to address violations by the mining sector
in Central Sulawesi, the KPPA has established natural resources
complaints posts in eight villages in the districts of Donggala and
Parigi Moutong, areas affected by poorly regulated mining. Reports
of legal violations and illegal activity will be reported through these
complaints posts. All eight of these complaints posts are now active,
operating out of the houses of community members who have received
para-legal training. The complaints posts are open to receive any legal
complaints, including related to land use conflicts. Where these cases
cannot be resolved at the complaints post, they are pursued to the
legal aid body (LBH) in Donggala for further legal advice.
A coalition of NGOs lead by BUMI/JATAM, including AMAN, Pokja 30, Prakarsa Borneo and Walhi East Kalimantan, have
established a complaints post in East Kalimantan. Already since its initiation 16 cases have been reported, including
cases of 8 children who had drowned in abandoned mining holes between 2011-2014, and a number of reports of
companies falsifying land certificates, mining illegally in conservation forest areas, not fulfilling reclamation obligations
or responding to reports of human rights violations, and a number of cases of destruction of local farmers land and
water ways.
Cases reported through the complaints post were submitted by ICW together with community members to the KPK
in May 2013. On the 28 October 2014 the KPK begun investigation of a number of these cases, including suspected
bribery in the issuing of mining permits (IUP).
On the 29 October 2014, the KPK also began investigating 14 companies suspected of illegally mining coal in the
Bukit Soeharto Nature Reserve, an area of conservation forest in East Kalimantan, also reported through the Jatam
complaints post. The total amount of state loss due to lost revenues from the five years these companies have been
mining illegally has been estimated at to Rp. 17 trillion ($1.38 billion).
Initiatives To Report
Violations of Environmental Laws
Coalition group tracks
complaints in East Kalimantan
KPPA setting up
complaints posts in
Central Sulawesi
Illegal oil palm plantation in Sumatra, Indonesia
Photo: Rhett Butler
ISSUE NO.2
January
2015NEWS
Forest and Land
Use Monitoring
Silvagama monitoring
forest and land use
violations
CSOs are playing important roles in monitoring the effect of land
based industry on forest and peatlands, including ensuring that laws
and regulations in place to protect the environment and communities
are adhered to and enforced, and that revenues from extractives and
land based industries are collected and distributed equitably.
To strengthen access to information and law enforcement in forestry,
the KPK has developed an initiative called ‘Indonesia Monitors the
Forest’ (Indonesia Memantau Hutan), in collaboration with Silvagama.
This initiative consists of regional outposts in West Kalimantan,
East Kalimantan and South Sumatra for collecting forest-related
information and submitting reports of infractions. Moderators compile
and verify spatial data, which is then fed into the KPK’s IMH database
(www.kpk.go.id/imh).
SAMPAN using online
tools to report
violations in
West Kalimantan
Muhammadiyah launch
complaints posts in
Central Sulawesi, East
Kalimantan and South
Sumatra
Muhammadiyah, one of the largest Muslim-based organisations in
Indonesia, have developed a complaints post to track and investigate
violations in the forest and land sector in three SETAPAK provinces.
Complaints will be investigated and reported to the relevant law
enforcement body or the KPK. In October 2014 Muhammadiyah
provided training to activists from South Sumatra, East Kalimantan
and Central Sulawesi on how to identify violations and respond to
complaints. Following the training complaints posts are now being
established, to operate out of Muhammadiyah’s provincial branch
offices in the three regions. Muhammadiyah’s complaints post will work
alongside the Jatam complaints posts in East Kalimantan, and the
KPPA Coalition in Central Kalimantan. Jatam and KPPA Coalitions will
use their expertise to help Muhammadiyah investigate mining related
complaints.
Sampan have an online portal for reporting forest and land violations
in West Kalimantan. The website uses an anonymous SMS gateway
to report complaints. An administrator reviews then posts SMS on
the website portal (http://www.pantautambang.org/). Users can also
upload videos, photos and other evidence of forest and land violations
on the site. SAMPAN staff have already conducted investigations to
verify cases reported, including a community report from the Sekucing
Labai village that a bauxite mining company has violated its permit by
operating outside its concession area. SAMPAN investigated with local
communities and are awaiting legal advice to pursue these violations
further.
10
Permits are an important governance mechanism to ensure that
companies adhere to legal requirements, and that revenues are
collected from extractive and land based industries. ICEL developed
a field investigation tool for field investigators to use to check
permit compliance. ICEL trained local partners from Berau, East
Kalimantan (Menapak), Malinau, North Kalimantan (PADI), South
Sumatra (Walhi SS), Central Sulawesi (CSF), Aceh (MATA and Bytra)
and West Kalimantan (Jari) to become field investigators. Trained
investigators are using their new permit review skills to investigate
permit compliance in their region. The English language version of a
permit review study is available for download from the Asia Foundation
website: http://www.asiafoundation.org/publications/pdf/1440.
Reviewing land use
permit compliance
Aside from IMH there are a number of online tools that support forest monitoring and track fire burning and
environmental legal violations.
Hadi Jatmiko, Director of Walhi South Sumatra, has been using the Global Forest Watch tool to monitor forest
and peat fires in South Sumatra over the burning season. ‘The GFW website makes it easy for us to inform
the public about areas of forest and land that are burning. Then we analyze to check if the burning areas
have the right permits’, said Hadi.
According to Hadi, the GFI website offers complete information about permits on forest areas, including
industrial timber plantations (HTI and HPH) and ecological restoration permits, but the still needs updating to
be able to analyze palm oil plantations on peat lands areas.
The Global Forest Watch tool is an online forest monitoring system developed by the World Resources
Institute that allows people to manage forests. The maps unite satellite technology, open data, and
crowdsourcing to produce information about forests. See link http://www.globalforestwatch.org/
Tools for forest monitoring
Trialing forest
monitoring
technology
The SETAPAK program will be supporting the use of remote controlled
airplanes, called unmanned aerial vehicles (UAV), to conduct field
monitoring of land use and forest infractions. UAVs are increasingly
used for conservation purposes, as they allow for surveying large areas
that would be difficult and time consuming to survey on foot. UAVs
have cameras and video equipment installed that captures detailed
footage of forest and land areas of up to 25 kilometers. Already,
SAMPAN in West Kalimantan have been developing skills in assembling
UAVs using imported parts, and to monitor land based industry
concessions. SAMPAN have provided support to Walhi South Sumatra
to use UAVs to gather data to support their advocacy work related to
forest fires inside palm oil plantations. In December SETAPAK program
in collaboration with SAMPAN will hold a training for an initial group
of partners on how to operate UAVs, capture data and analyze maps
collected. In 2015 other partners will be supported to use UAVs for land
and forest monitoring as we learn from these pilot initiatives.Walhi South Sumatra use UAVs to monitor burning in palm oil concession areas
SETAPAK, together with Epistema Institute, funded seven research organisations to conduct research on forest and
land governance issues and disseminate their results in the form of a policy brief. The following is an outline of the
seven research studies:
• The effectiveness of communication regarding the conservation policy in the heavily forested Kapuas Hulu district in
West Kalimantan, by PPKLMB with UNTAN in West Kalimantan. This study found that the Kapuas Hulu conservation
policy had not been well communicated to necessary stakeholders. Researchers presented their findings to the district
government to recommend improvements to the policy.
•	 The issues surrounding the borrow-use permit (izin pinjam pakai), a requirement when mining is to take place within
the state forest zone, by Prakarsa Borneo in East Kalimantan. There is a lack of clear directives for issuing izin pinjam
pakai permits, leading to permits being issued to support the interests of mining companies without community
consent. Prakarsa Borneo are working on pushing for further reforms to the permit issuing process to introduce better
environmental and social safeguards.
•	 Engagement of local communities in forest management units (KPH), by the Centre for Social Forestry, in East
Kalimantan. This study focused on two villages within the West Berau production KHP to understand relationships
between level of forest dependency and forest management. CSF are continuing to work on improving community
involvement in KHP management institutions.
•	 Analysis of agrarian conflicts in Musi Banyuasin, South Sumatra, by Spora Institute in South Sumatra. The study
recommended to the district and provincial government measures for reducing the incidences and longevity of
conflicts, including increasing detection of conflicts, supporting land use partnership schemes and increasing grievance
mechanism for communities to report complaints.
•	 Analysis of land allocation for local communities in the West Kalimantan spatial plan, by Swandiri Institute in West
Kalimantan. The study found that more land has been allocated for forest and land based industries in West Kalimantan
than there is actual land area. The Swandiri Institute researchers are part of a coalition working to improve land
allocations to increase land allocations to protect community food security in the West Kalimantan spatial plan.
•	 The effectiveness of community involvement in mangroves forest management in Kubu Raya, West Kalimantan, by
PENA in West Kalimantan. The recommendations for approaches to support community based forest management in an
area of Kubu Raya were presented to relevant policy makers.
•	 Analysis of best practice financial management for forest management units in South Sumatra, by Pemali in South
Sumatra. Researchers have been working with the Lakitan production forest management unit head to advise on the
implementation of a more efficient and transparent financial management system.
These policy briefs are available from SETAPAK: tessa.toumbourou@asiafoundation.org
ISSUE NO.2
January
2015NEWS
Research and
Publications
12
Land and Forest
Governance in The Media
Mongabay Indonesia (mongabay.co.id) is an environmental news service that is working
to improve representation of environmental issues Indonesia. Mongabay has expanded its
coverage in Indonesia, with new field coordinators in five provinces. These coordinators have
been covering stories relating to local NGOs advocacy priorities, including violations of permits,
corruption and illegal practices of land based industries, revenue loss issues and many other
forest and land governance issues. All NGOs are encouraged to work with the Mongabay field
coordinators with suggestions for stories, contact details are set out in the text below:
Mongabay field coordinators also supported environmental educational workshops in East
Kalimantan, West Kalimantan, Central Sulawesi, South Sumatra and Aceh. Three high school
workshops and one photography and writing workshop for university students was held in each
province. Students enjoyed learning about environmental issues affecting their region, and schools
are interested in engaging further with environmental NGOs on these issues.
Every Tuesday at 5pm, Green Radio broadcasts a radio segment called ‘Jalan SETAPAK’ in Jakarta
(89.5 FM), which is simultaneously broadcast to radio stations in the six SETAPAK provinces and in
Pekanbaru. The radio stations in each capital city are: Nikoya in Banda Aceh (106 FM), Smart FM in
Palembang (101.8 FM), Grass FM in Takaran (106.2 FM), Nebula FM in Palu (101 FM), Radio Kita in
Pontianak (87.6 FM), Gema Nirwana in Samarinda (105.1 FM), and Green Radio in Pekanbaru (96.7
FM). National media outlets participated in media briefings covering key forest issues. Green Radio
held its first media briefing in Jakarta on the 4 September, which focused on the need for coordination
between government and civil society to improve forest governance, with a representative from the
Ministry of Forestry presenting the opportunities for the new government administration and CSOs.
Green Radio supported national media outlets to visit sites in Central Sulawesi, to see the impacts of
mining on local communities. In September journalists visited Donggala, Central Sulawesi to see the
impacts of iron ore and manganese mining on water ways and community health. Journalists also
visited Sigi to see local NGO’s progress in securing tenure over a community forest site. Journalists
who participated in these field visits produced some media coverage of NGO initiatives, and gave
feedback for future visits suggesting that to improve their ability to write good stories, they need
richer detail including hard facts to illustrate environmental impacts.
Mongabay regional coordinator teaching high school students in AcehGreen Radio regional coordinator teaching high school students
about forest issues in West Kalimantan
Aceh
Chik Rini
chikrini72@yahoo.co.id
08116803191
East Kalimantan
Panthom Priyandoko
panthom.priyandoko@gmail.com	
0811556539
South Sumatra
Taufik Wijaya
wijayataufik@gmail.com	
082179555256
West Kalimantan
Andi Fachrizal
andifachrizal@gmail.com	
08115717778
Central Sulawesi
Christopel Paino
christopelpaino@gmail.com	
085256617494
ISSUE NO.2
January
2015NEWS
Indonesia has been called the social media capital of the world –
Jakartans alone tweet more than any other city in the world. The
Public Virtue Institute (PVI) is leveraging Indonesia’s embrace
of social media to promote digital democracy and civil activism.
Throughout November and December PVI ran a series of workshops
with local partners to develop social media advocacy plans to support
partner’s program objectives.
PVI USING SOCIAL MEDIA
to create demand for
good governance
reforms
The second media briefing was held in Jakarta in October 2014, with
a focus on issues relating to the Aceh spatial plan. The following week
journalists from national news sources were taken to visit a number
of locations in Aceh to understand first-hand the environmental
issues posed by the provinces’ revised spatial plan which has been
critiqued by NGOs for clearing large areas of nationally important
forest systems, including the Leuser Ecosystem. Journalists visited
Tamiang in Aceh, where Aceh NGO Haka has been working with the
local community to remove palm oil plantations illegally planted in the
Leuser Ecosystem, to be rehabilitated with natural forest. Journalists
also met with members of the Coalition Concerned for Aceh’s Forests
(KPHA), a coalition of Aceh NGOs working on improving spatial
planning in Aceh.
Journalists learn about a community forest initiative in Sigi.
Journalists attending the September media briefing.
Recent and upcoming events
• Indonesia Green Region Award – forest governance award
The Indonesia Green Region Award this year had a category for good forest governance, which on the 22
December 2014 was awarded to the Bojonegoro district, in Bali. This event was hosted by Green Radio, to recognise
environmental achievements by district governments.
• Mongabay Readersblog – writing and photography competition
Updates to the Mongabay readersblog, and a writing and photography competition for the public, including students
who participated in the photography and writing workshops. The competition closed on 10 December 2014, and the
winners will be announced on the Mongabay Readersblog: http://www.mongabay.co.id/tatacara-lomba/
• Aceh Documentary Competition – Raising public awareness through film
Film-making non-profit Aceh Documentary is using film to raise public awareness of the governance issues driving
forest loss in Aceh. Aceh Documentary held a competitive documentary competition in October 2014 with a special
category on forest issues. Five of the best films in the forest issues category were awarded at the event. Alongside the
film awards, ADC will produce films for SETAPAK partners in Aceh, to raise community awareness and build support
their advocacy strategies. On 21 November a test screening of the partner’s films was shown in Banda Aceh, and
revisions are now being made to produce the final films. These films will be used by Aceh partners as campaign tools.
• Forest Watch Indonesia – book launch
Forest Watch Indonesia (FWI) on 11 December launched a book titled a ‘Portrait of Indonesia’s Forest Conditions’
(Portret Kondisi Hutan Indonesia) outlining the state of Indonesia’s forest cover and licenses in West Kalimantan, East
Kalimantan and South Sumatra. The book will provide a forest and land database, and will include key themes on
current forest conditions and status, and includes an album of maps with data related to licensing, including timber
production, borrow-to-use permits for forests, and forest boundaries. The book is available on the FWI website:
http://fwi.or.id/publikasi/potret-keadaan-hutan-indonesia-periode-2009-201 FWI have produced a short film about
Indonesia’s forest cover and conditions: https://www.youtube.com/watch?v=zIdFxUHTedM
14
The SETAPAK program started in 2011, and has expanded to include 15 national NGO partners
and 26 regional NGO partners. The programme covers 26 districts in six provinces: South
Sumatra, West Kalimantan, East Kalimantan, North Kalimantan, Central Sulawesi and Aceh.
SETAPAK Locations
and Partner NGOs
ACEH
• Aceh Utara
• Aceh Barat
• Aceh Besar
• Aceh Selatan
• Aceh Tamiang
• Pidie
WEST
KALIMANTAN
• Kubu Raya
• Sintang
• Ketapang
• Kapuas Hulu
• Melawi
• Kayong Utara
NORTH
KALIMANTAN
• Malinau
• Bulungan
CENTRAL
SULAWESI
• Sigi
• Donggala
• Parigi Moutong
• Morowali
JAKARTA /
NATIONAL
SOUTH
SUMATRA
• Musi Rawas
• Musi Banyuasin
• Banyuasin
• Muara Enim
• Oki
EAST
KALIMANTAN
• Berau
• Paser
• Kutai Kartanegara
NATIONAL PARTNER
ICEL
Seknas FITRA
ICW
IPC/FOINI
HUMA
Forest Watch Indonesia
INFID - IWGFF
SILVAGAMA
Public Virtue Institute (PVI)
Impartial Mediators Network (IMN)
Muhammadiyah
Publish What You Pay (PWYP)
Sawit Watch
Green Radio and Mongabay
PROGRAM MANAGER
Henri Subagiyo
Hadi Prayitno
Emerson
Sulastio
Tandiono Bawor Purbaya
Christian Bob Purba
Willem Pattinasarany
Syahrul Fitra
Harits (Jenggots)
Anita Wahid
Ahmad Zazali
Budi Nugroho
Agung Budiono
Jopi Teguh Lasmana Peranginangin
Ridzki R. Sigit (Mongabay)
Franto Simanjuntak (Green Radio)
EMAIL
henrisubagiyo@yahoo.com
hadi@seknasfitra.org
emerson@antikorupsi.org
sulastio_tio@yahoo.com
sulastio.tio@gmail.com
bawor06@yahoo.comn
bob@fwi.or.id
willem@nusa.or.id
fitrasyahrul@gmail.com
syahrul@auriga.or.id
jenggot@gmail.com
anita.wahid@gmail.com
a.zazali@imenetwork.org
budinh2002@yahoo.com
agungbudion@pwyp-indonesia.org
jopi@sawitwatch.or.id
rrsigit@mongabay.co.id
p_franto@yahoo.com
franto@kbr68h.com
Province
South Sumatra
West Kalimantan
East Kalimantan
North Kalimantan
Central Sulawesi
Aceh
Partner Name
WBH
Walhi South Sumatra
PINUS
Gemawan
Titian
Jari
Sampan
STABIL
Menapak
Padi
Prakarsa Borneo
Jatam-Bumi
Aman East
Kalimantan
PADI
KPPA
SCF
YTM-Jatam
GERAK
BYTRA
MATA
YKN-ADC
JKMA-KPHA
HAKA
Area worked
Provincial level,
Musi Banyuasin, Banyuasin
Ogan Komering Ilir (OKI)
Musi Rawas, Muara Enim
Provincial level, Kapuas Hulu,
Kayong Utara
Sintang
Kubu Raya
Melawi, Ketapang
Province level
Berau
Paser
Province level, Paser
Kutai Kertanegara
Province level, Bulungan
Malinau
Province level, Donggala, Parigi
Moutong
Province level, Siggi, Donggala
Province level, Morowali
Province level, Aceh Barat, Aceh
Selatan, Aceh Besar
Province level, Aceh Utara
Province level
Province level
Aceh Barat, Pidie
Aceh Tamiang
Program Manager
Dedi Permana
Hadi Jatmiko
Rabin
Laili Khairnur
Sulhani
Faisal Riza
Fajri Nailus Subchi
Jufriansyah
Wastaman
Ahmad SJA
Mohammad Nasir
Kahar Al Bahri
Olvy Octavianita
Tumbeleka
Ahmad SJA
Sunardi Kattili
Muhamad Subarkah
Syahrudin
Muliyadi
Muhadi
Abdullah AM
Faisal Illias
Zulfikar Arma
Ilyas Isti
Email
deddy.permana@gmail.com
0812 8735 776
adi.jatmiko@gmail.com
0812 7312 042
rabin.zainal@gmail.com
0811 718 481
khainur@yahoo.com
0813 4522 5232
icunks@gmail.com
0813 4565 0501
ichal_1999@yahoo.com
0813 4542 7059
fajri_nailus@yahoo.com
0853 4535 6719
jufriansyah_73@yahoo.co.id
0812 5801 198
mamanwstmn@gmail.com
0812 5682 6874
amonglumut@gmail.com
0812 5326 204
mohamad.nasir73@gmail.com
0812 586 1794
timurangin05@yahoo.co.id
0813 4790 0913
olvy_tumbelaka@yahoo.com
81235500553
amonglumut@gmail.com
0812 5326 204
undeng_palu@yahoo.co.id
0852 9871 1664
abalantara@yahoo.com /
roasulteng@yahoo.com
0813 4136 9841
etal.palu84@gmail.com
0852 4119 9222
moelcd@yahoo.co.id
0853 6135 4262
muhadi_08@yahoo.co.id
85277303060
na_tinta@yahoo.com
0812 697 5113
faisal.ilyas10@gmail.com;
acehdocumentary@yahoo.com
rotangayo@gmail.com
0821 6154 1305
isti_leuser@yahoo.com
0852 7716 5086
SETAPAK Local Partner NGOs
ISSUE NO.2
January
2015NEWS
16

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Bulletin setapak-issue-2

  • 1. SETAPAK ISSUE NO.2 January 2015NEWS AcehForest•Photo:RhettButler The SETAPAK program is a DFID-funded initiative focused on improving forest and land governance in order to reduce emissions from deforestation and peatland degradation and contribute to poverty reduction. To achieve these goals, SETAPAK partnered with national and local NGOs to make concrete contributions to improve transparency, accountability, rule of law and policy in forest and land governance in six Indonesian provinces. Outlined in this newsletter are some of the recent achievements by SETAPAK’s 37 national and locally based NGO partners. A civil society tool has created a baseline measure of land and forest governance across 16 districts; local governments have been supported to implement the Freedom of Information Act and to support local civil society actors to request information and pursue grievances; corruption cases investigated and violations of laws reported resulting in the cancellation of permits; research has been carried out at the local level on governance issues and media on forest and land issues has increased. Read on for more information about the inspiring work of SETAPAK partners.
  • 2. ISSUE NO.2 January 2015NEWS Transparency is a key component of good forest and land governance. Access to accurate and up-to-date information helps citizens to understand how decisions related to forest and land use are made and to ensure their appropriateness. Indonesian Centre for Environmental Law (ICEL) and Seknas Fitra partnered to develop an instrument called the Land and Forest Governance Index (LFGI), which establishes a baseline for tracking four aspects of district governance – transparency, participation, accountability and coordination – in the forestry, mining and plantation sectors. The LFGI provides a useful tool for NGOs to use to design advocacy activities and to provide a basis for informed dialogue with governments to target areas for improvement. The LFGI produced a baseline (measured out of 100) for the following 16 districts: The English translation of the first study of nine districts is available for download from the Asia Foundation website: http://www.asiafoundation.org/publications/pdf/1441 In 2015 a follow up study will be conducted to measure progress of forest and land governance of all 16 district governments. This will help local CSOs reflect on what governance interventions worked and what strategies are needed to continue to improve governance. Already NGOs have used the LFGI measures to design strategic advocacy initiatives to improve key areas of land and forest governance. For example, the LFGI findings for Ogan Komering Ilir, South Sumatra identified the need to increase availability of information. WBH used these findings to support the issuing of a district regulation to implement the key requirements in the 2008 Freedom of Information (FoI) Act. Land and Forest Governance Index Transparency and Access To Information 02 100 Kutai Kartanegara Kapuas Hulu Muara Enim Musi Banyuasin Bulungan Musi Rawas Kubu Raya Malinau Melawi Banyuasin Sintang Ketapang Paser Berau OKI Kayong Utara 55.03 27.04 23.21 17.17 16.01 14.67 14.34 12.22 11.8 11.74 11.41 10.3 7.68 7.07 5.3 2.1
  • 3. The LFGI tool measures transparency based on how easily civil society can access government information deemed public as directed in the FoI Act. CSOs are demanding transparency by submitting information requests for 35 documents of relevance to land and forest governance issues, related to EIA, logging, mining and plantation concessions and local government annual work plans. Where information is not provided within the time the FoI Act allows CSOs pursue grievances using the mechanisms set out in the law. As more civil society groups demand information and pursue grievances, governments are encouraged to become more transparent. Already NGOs are playing a strong role in increasing demand for public information. In Aceh, MATA pursued information grievances when the Mining and Energy, Forestry and Plantation Agencies failed to provide information requested. The grievances were mediated out of court through the Aceh information commission who facilitated an agreement in MATA’s favour; and the documents requested were provided. To avoid further information grievances, the secretariat of the Aceh provincial government released a circular letter, clarifying the procedures for government agencies to respond to information requests. In West Kalimantan, when SAMPAN’s request to the Ketapang government was not fulfilled, SAMPAN pursued information grievances through the National Information Commission (as there was no provincial information commission in West Kalimantan). The NIC ruled that mining concession permit maps were not public information. This is problematic as maps are important sources of public information to enable the public to monitor private sector activities, and are relevant to land tenure issues for communities near the concessions. With assistance from Linkar Borneo and Kalimantan Legal Aid Movement (Gerakan Bantuan Hukum Rakyat Kalimantan), SAMPAN challenged the NIC decision through the state administrative court (PTUN) in Pontianak, which ruled in Sampan’s favour – that the mining concession maps were public information and had to be provided by the district Mining Agency to SAMPAN. SAMPAN has since received the mining concession maps from the Ketapang government. Information accessed through the FoI Act is being used by CSOs for various accountability initiatives, including to review the compliance of land use permits to environmental laws; and analyzing local budget expenditures and revenues with respect to forest and land use issues. Measuring transparency by testing access to information A short film produced by Forest Watch Indonesia highlights the importance of information in dialogue and decisions related to forest and land governance: http://www.youtube.com/watch?v=pHXiY_027RY ForestinSouthSumatra•Photo:ArminHari
  • 4. CSOs are working to support the implementation of the FoI Act, which outlines steps local governments must follow to ensure citizens’ rights to information. These steps include the formation of Provincial Information Commissions, the designation of local government information officers to respond to information requests, the establishment of standard operating procedures for handling information requests and procedures for handling grievances. Already, CSO achievements related to implementing the FoI Act include: • In Kubu Raya, Jari supported the drafting of District Head regulation no. 3/2014 about Standard Operation Procedures for provision of public information (issued 10 February 2014). • In Banyuasin, WBH supported the drafting of decree no. 33/2013 about SOP for provision of information was issued (issued 5 February 2014). A website was developed by WBH and the PPID on how to access information: www.ppid.banyuasin.go.id • In Muara Enim, PINUS supported the issuing of District Head regulation No. 45/2014 on work procedures for the management of official documents and information (issued 23 September 2014). • In OKI, South Sumatra, WBH supported the development of a District Head regulation No. 664/2014 about management and provision of public information by the government (issued 4 September 2014). • In Aceh Besar district, GeRAK supported the issuing of District Head regulation No. 113/2014 about managing public information. Budget has been allocated for a PPID position, and an SOP will be issued in future. Achievements related to implementing the FoI Act at a provincial and district level ISSUE NO.2 January 2015NEWS MininginBerau•Photo:ArminHari 04
  • 5. Law Enforcement and Anti-Corruption Initiatives The SETAPAK program partnered with another Asia Foundation program, ‘Equipping Tomorrow’s Justice Reformers,’ to hold a training on environmental law enforcement in September 2014. The training provided 22 activists skills in basic environmental law enforcement, covering land and forest cases as well as wider environmental issues such as pollution. The training taught about laws and procedures that activists can leverage to have environmental cases heard in courts, including how to define legal standing and how to collect evidence and use advocacy to support litigation and how to engage public interest lawyers. The law enforcement training taught partners how to bring cases through Indonesia’s three court types – civil, criminal or administrative. The SETAPAK program will continue to support law enforcement training in 2015. Law enforcement training On 12 June 2014 the anti-corruption working group GeRAK launched a course on mining corruption, to respond to the expansion of mining in Aceh. The mining corruption course material will teach participants about mining governance issues, including regulations, business permit and revenue collection processes, and other aspects of mining with potential for corruption or misuse. Course alumni will put their training to work, to investigate potential cases of corruption and legal violations. Already GeRAK’s desk investigations have identified 65 mining companies that are operating in protected forests, these will be cross-checked with field visits by mining corruption alumni. GeRAK’s anti-corruption school Gerak anti-corruption school
  • 6. ISSUE NO.2 January 2015NEWS The Gerakan Samarinda Menggugat, a coalition of East Kalimantan NGOs, together with local communities, academics and civil society leaders, made legal history by winning Indonesia’s first environmental civil lawsuit on 16 July 2014. The court case was not a SETAPAK initiative, however its important to share learning’s about this case as it sets a legal precedent for other CSOs to learn from, including the impact roles played by JATAM-BUMI. The GSM citizen lawsuit took two years of preparation, and involved a series of 26 court trials before a verdict was reached in the Samarinda district court. The court ruled in favour of some of the GSM’s charges; that the local government had been negligent in fulfilling their obligations to create a good and healthy natural environment (set out in the 2009 Environment Law) that had consequently detrimentally impacted the people of Samarinda. The court also ruled that the government must revise public policies about coal mining including: evaluating all coal mining permits that have been allocated, monitoring reclamation and post mining efforts, environmental improvements, strategic efforts in protecting community farming and fishing areas from contamination from coal mining activities. The court also decided that the government had not managed mining permits appropriately. The GSM opted for a citizen lawsuit over other lawsuit or litigation options. According to JATAM East Kalimantan, a civil lawsuit was the best option as this works to change or reform government policy as opposed to other options, like class action, which is for seeking compensation. The GSM submitted their case to the Samarinda High Court, putting the charges as mismanagement of the city’s environment and posing harm to residents due to unsustainable mining concessions. The GSM brought together 19 plaintiffs, all of whom had been impacted in different ways by mining in and around Samarinda. The plaintiffs included rice and fish farmers whose water sources had been diminished by the impacts of mining, combined with dust and acid levels in water that forced local communities to purchase water to irrigate their crops. They also argued that impacts to diminished soil fertility had reduced their produce yield. Other plaintiffs included university students, academics, private sector workers and religious leaders who had been hindered from accessing their places of work and study due to landslides and flooding that directly followed mining expansion in Samarinda. The constant noise and coal dust from mining operations posed health risks, and unprotected mine sites had caused in eleven deaths by drowning in exposed mining pits filled with water. Since the July court announcement, the government defendants have lodged an appeal with the High Court of East Kalimantan. The GSM are now working on strengthening their evidence. Many are optimistic that the GSM evidence is strong enough so that the decision is unlikely to be overturned. Environmental activists make legal history: Samarinda Law Suit (GSM) Activist’s that supported the GSM have their heads shaved to celebrate the court victory Photo: Armin Hari Members of the GSM hold up briefing papers explaining their 14 demands Photo: Armin Hari 06
  • 7. PT Kallista Alam legal case On 25 August 2011, the then Governor of Aceh Irwandi Yusuf issued a permit to the company PT Kallista Alam to develop a 1,605 hectare palm oil plantation in the Tripa peat swamp forest, an area which is part of the Leuser Ecosystem. Local NGOs protested the permit, and sent a letter to the Governor demanding the permit be withdrawn as it violated a national law that protects the Leuser Ecosystem and other areas of environmental importance, as well as former President SBY’s national moratorium on allocating new permits in primary forests and peatland areas. Environmental groups also demanded the Ministry of Environment (MoE) investigate the issue. The MoE investigated formally in May 2012, and found that the company had been clearing forests in the Tripa area for 10 months prior to receiving the permit. When the permit was not revoked, WALHI Aceh pursued a lawsuit to the Medan State Administrative High Court, where the court ruled in WALHI’s favour – finding the issuance of the permit was a legal violation and that the company owned at least one illegal permit. The court ordered the new Governor of Aceh, Zaini Abdullah, to cancel the illegally issued permit. On 27 September 2012, the permit was withdrawn by the new Aceh Governor, who released a letter stating that 1,605 hectares of the Tripa swamp area would become a managed protected area. PT Kallista Alam appealed the decision to the Supreme Court, which was later rejected, upholding the Medan State Administrative High Court’s decision and order that the new Governor revoke the permit. A second set of proceedings took place on 8 November 2012, when the MOE filed civil and criminal lawsuits against PT Kallista Alam through the District Court of Meulaboh. The charges were illegal clearing of peatlands by burning and causing environmental damage in the Tripa peat swamp forest. A series of court hearings and mediations were held, with the court handing down its final ruling on 1 January 2014. The company was found guilty of illegally clearing peatland forest by burning within the protected Tripa peat swamp in violation of the national law 32/2009 on Environmental Protection and Management. PT Kallista Alam was fined $31 million (Rp 362 billion) for environmental destruction and damage recovery costs. Most recently, PT Kallista Alam filed an appeal with the Supreme Court on 6 October 2014, claiming the initial case was invalid as it failed to include all relevant parties as defendants, including the governor of Aceh for issuing the permit in 2011. PT Kallista Alam also disputed the amount of land the lawsuit claims they deforested - 1000 ha. This appeal case is yet to be settled. Other examples of litigation cases – historic ruling of Tripa swamp case (PT Kallista Alam) Another example of litigation used by environment NGOs is the lawsuit WALHI submitted against palm oil company PT Kallista Alam and the Governor of Aceh, Irwandi Yusuf, for issuing permits in areas of protected forest and violating the national moratorium that reinforced protection of primary forests and peatlands. PT Kallista was ordered to pay $31 million (Rp 362 billion), sending a powerful message to companies in Aceh and other parts of Indonesia about the potential consequences of illegally clearing forests or using burning methods. Although not part of the SETAPAK program, this case set an exciting new precedent for Indonesia’s environment movement. TripaAerialFlyover
  • 8. ISSUE NO.2 January 2015NEWS As mining expands in Indonesia it is increasingly important to ensure that revenues gained from resources extracted outweigh the environmental and social damages brought by mining. Indonesia is now the world’s highest exporter of thermal coal, and coal mining is expanding quickly in East Kalimantan and other locations across Indonesia. Poor governance means that the process for issuing mining permits has not adequately considered the environmental or social impacts of mining, at a high cost to local communities. In an attempt to address violations of mining permits in Indonesia, the Corruption Eradication Commission (KPK) this year has supported a crackdown on the mining sector. According to the KPK, of the 10,857 mining permits (IUP) across Indonesia, only 5,989 have received a clean and clear status – meaning they adhere to requirements concerning forest usage and government revenues. ‘The focus for the KPK is to increase government revenue and avoid revenue leakage’, said Bambang Tjahjono, director of coal business supervision at the Ministry of Energy and Natural Resources in an interview. To evaluate mining permit compliance, the KPK conducted visits to 12 provinces, four of which were SETAPAK regions – Central Sulawesi, East Kalimantan, South Sumatra and West Kalimantan – between February and March 2014. Silvagama accompanied the KPK’s visits to engage provincial and district governments, as part of the KPK team and to facilitate involvement of civil society in the activity. Four of the SETAPAK regions were visited. The KPK found from their visits to 12 provinces, more than 4,500 mining companies owe the government land rent and royalties of Rp. 5.43 trillion (US$468 million), and recommended governments review or cancel permits that do not meet ‘clean and clear’ status. As a result of the KPK’s visits, according to the Director General for Minerals and Coal, 265 permits have already cancelled in SETAPAK locations: 17 mining permits were cancelled in Musi Banyuasin, South Sumatra; 85 mining business permits in Morowali, Central Sulawesi; 2 in Kapuas Hulu, West Kalimantan; 16 in East Kalimantan (5 in Samarinda, 1 in Kukar, 10 in Berau); and 11 in Malinau, and 35 in Bulungan, North Kalimantan. A larger number still are non-clean and clear; the Energy and Mineral Resources Ministry have given local administrations until December 2014 to ensure licenses adhere to regulations. Throughout November the KPK conducted follow up visits to Sulawesi, Sumatra and Kalimantan to check the progress of the recommendations issued earlier in the year. SETAPAK NGO partners used this opportunity to communicate with governments and the KPK, producing policy briefs and infographics on how to improve mining processes, including ensuring that permits work as they should to ensure environmental laws are adhered to, that revenues are collected from resources extracted, that post-mining clean up and land rehabilitation is monitored. Initiatives to push for improvements to mining are continuing, most recently ICW activist Emerson Yuntho alongside a group of NGOs met with the New Environment and Forestry Minister Siti Nurbaya Bakar to discuss corruption issues in the forestry sector. Partners in West Kalimantan are working on a similar initiative for the KPK to focus on governance issues in the palm oil sector in 2015. Coal Corruption The Corruption Eradication Commission cracks down on corruption in coal and mineral mining Samarinda’s Mahakam River busy with coal barges Photo: Armin Hari Emerson Yuntho from ICW discusses forest corruption with Siti Nurbaya Bakar, Minister of Environment and Forestry 08
  • 9. To provide a mechanism to address violations by the mining sector in Central Sulawesi, the KPPA has established natural resources complaints posts in eight villages in the districts of Donggala and Parigi Moutong, areas affected by poorly regulated mining. Reports of legal violations and illegal activity will be reported through these complaints posts. All eight of these complaints posts are now active, operating out of the houses of community members who have received para-legal training. The complaints posts are open to receive any legal complaints, including related to land use conflicts. Where these cases cannot be resolved at the complaints post, they are pursued to the legal aid body (LBH) in Donggala for further legal advice. A coalition of NGOs lead by BUMI/JATAM, including AMAN, Pokja 30, Prakarsa Borneo and Walhi East Kalimantan, have established a complaints post in East Kalimantan. Already since its initiation 16 cases have been reported, including cases of 8 children who had drowned in abandoned mining holes between 2011-2014, and a number of reports of companies falsifying land certificates, mining illegally in conservation forest areas, not fulfilling reclamation obligations or responding to reports of human rights violations, and a number of cases of destruction of local farmers land and water ways. Cases reported through the complaints post were submitted by ICW together with community members to the KPK in May 2013. On the 28 October 2014 the KPK begun investigation of a number of these cases, including suspected bribery in the issuing of mining permits (IUP). On the 29 October 2014, the KPK also began investigating 14 companies suspected of illegally mining coal in the Bukit Soeharto Nature Reserve, an area of conservation forest in East Kalimantan, also reported through the Jatam complaints post. The total amount of state loss due to lost revenues from the five years these companies have been mining illegally has been estimated at to Rp. 17 trillion ($1.38 billion). Initiatives To Report Violations of Environmental Laws Coalition group tracks complaints in East Kalimantan KPPA setting up complaints posts in Central Sulawesi Illegal oil palm plantation in Sumatra, Indonesia Photo: Rhett Butler
  • 10. ISSUE NO.2 January 2015NEWS Forest and Land Use Monitoring Silvagama monitoring forest and land use violations CSOs are playing important roles in monitoring the effect of land based industry on forest and peatlands, including ensuring that laws and regulations in place to protect the environment and communities are adhered to and enforced, and that revenues from extractives and land based industries are collected and distributed equitably. To strengthen access to information and law enforcement in forestry, the KPK has developed an initiative called ‘Indonesia Monitors the Forest’ (Indonesia Memantau Hutan), in collaboration with Silvagama. This initiative consists of regional outposts in West Kalimantan, East Kalimantan and South Sumatra for collecting forest-related information and submitting reports of infractions. Moderators compile and verify spatial data, which is then fed into the KPK’s IMH database (www.kpk.go.id/imh). SAMPAN using online tools to report violations in West Kalimantan Muhammadiyah launch complaints posts in Central Sulawesi, East Kalimantan and South Sumatra Muhammadiyah, one of the largest Muslim-based organisations in Indonesia, have developed a complaints post to track and investigate violations in the forest and land sector in three SETAPAK provinces. Complaints will be investigated and reported to the relevant law enforcement body or the KPK. In October 2014 Muhammadiyah provided training to activists from South Sumatra, East Kalimantan and Central Sulawesi on how to identify violations and respond to complaints. Following the training complaints posts are now being established, to operate out of Muhammadiyah’s provincial branch offices in the three regions. Muhammadiyah’s complaints post will work alongside the Jatam complaints posts in East Kalimantan, and the KPPA Coalition in Central Kalimantan. Jatam and KPPA Coalitions will use their expertise to help Muhammadiyah investigate mining related complaints. Sampan have an online portal for reporting forest and land violations in West Kalimantan. The website uses an anonymous SMS gateway to report complaints. An administrator reviews then posts SMS on the website portal (http://www.pantautambang.org/). Users can also upload videos, photos and other evidence of forest and land violations on the site. SAMPAN staff have already conducted investigations to verify cases reported, including a community report from the Sekucing Labai village that a bauxite mining company has violated its permit by operating outside its concession area. SAMPAN investigated with local communities and are awaiting legal advice to pursue these violations further. 10
  • 11. Permits are an important governance mechanism to ensure that companies adhere to legal requirements, and that revenues are collected from extractive and land based industries. ICEL developed a field investigation tool for field investigators to use to check permit compliance. ICEL trained local partners from Berau, East Kalimantan (Menapak), Malinau, North Kalimantan (PADI), South Sumatra (Walhi SS), Central Sulawesi (CSF), Aceh (MATA and Bytra) and West Kalimantan (Jari) to become field investigators. Trained investigators are using their new permit review skills to investigate permit compliance in their region. The English language version of a permit review study is available for download from the Asia Foundation website: http://www.asiafoundation.org/publications/pdf/1440. Reviewing land use permit compliance Aside from IMH there are a number of online tools that support forest monitoring and track fire burning and environmental legal violations. Hadi Jatmiko, Director of Walhi South Sumatra, has been using the Global Forest Watch tool to monitor forest and peat fires in South Sumatra over the burning season. ‘The GFW website makes it easy for us to inform the public about areas of forest and land that are burning. Then we analyze to check if the burning areas have the right permits’, said Hadi. According to Hadi, the GFI website offers complete information about permits on forest areas, including industrial timber plantations (HTI and HPH) and ecological restoration permits, but the still needs updating to be able to analyze palm oil plantations on peat lands areas. The Global Forest Watch tool is an online forest monitoring system developed by the World Resources Institute that allows people to manage forests. The maps unite satellite technology, open data, and crowdsourcing to produce information about forests. See link http://www.globalforestwatch.org/ Tools for forest monitoring Trialing forest monitoring technology The SETAPAK program will be supporting the use of remote controlled airplanes, called unmanned aerial vehicles (UAV), to conduct field monitoring of land use and forest infractions. UAVs are increasingly used for conservation purposes, as they allow for surveying large areas that would be difficult and time consuming to survey on foot. UAVs have cameras and video equipment installed that captures detailed footage of forest and land areas of up to 25 kilometers. Already, SAMPAN in West Kalimantan have been developing skills in assembling UAVs using imported parts, and to monitor land based industry concessions. SAMPAN have provided support to Walhi South Sumatra to use UAVs to gather data to support their advocacy work related to forest fires inside palm oil plantations. In December SETAPAK program in collaboration with SAMPAN will hold a training for an initial group of partners on how to operate UAVs, capture data and analyze maps collected. In 2015 other partners will be supported to use UAVs for land and forest monitoring as we learn from these pilot initiatives.Walhi South Sumatra use UAVs to monitor burning in palm oil concession areas
  • 12. SETAPAK, together with Epistema Institute, funded seven research organisations to conduct research on forest and land governance issues and disseminate their results in the form of a policy brief. The following is an outline of the seven research studies: • The effectiveness of communication regarding the conservation policy in the heavily forested Kapuas Hulu district in West Kalimantan, by PPKLMB with UNTAN in West Kalimantan. This study found that the Kapuas Hulu conservation policy had not been well communicated to necessary stakeholders. Researchers presented their findings to the district government to recommend improvements to the policy. • The issues surrounding the borrow-use permit (izin pinjam pakai), a requirement when mining is to take place within the state forest zone, by Prakarsa Borneo in East Kalimantan. There is a lack of clear directives for issuing izin pinjam pakai permits, leading to permits being issued to support the interests of mining companies without community consent. Prakarsa Borneo are working on pushing for further reforms to the permit issuing process to introduce better environmental and social safeguards. • Engagement of local communities in forest management units (KPH), by the Centre for Social Forestry, in East Kalimantan. This study focused on two villages within the West Berau production KHP to understand relationships between level of forest dependency and forest management. CSF are continuing to work on improving community involvement in KHP management institutions. • Analysis of agrarian conflicts in Musi Banyuasin, South Sumatra, by Spora Institute in South Sumatra. The study recommended to the district and provincial government measures for reducing the incidences and longevity of conflicts, including increasing detection of conflicts, supporting land use partnership schemes and increasing grievance mechanism for communities to report complaints. • Analysis of land allocation for local communities in the West Kalimantan spatial plan, by Swandiri Institute in West Kalimantan. The study found that more land has been allocated for forest and land based industries in West Kalimantan than there is actual land area. The Swandiri Institute researchers are part of a coalition working to improve land allocations to increase land allocations to protect community food security in the West Kalimantan spatial plan. • The effectiveness of community involvement in mangroves forest management in Kubu Raya, West Kalimantan, by PENA in West Kalimantan. The recommendations for approaches to support community based forest management in an area of Kubu Raya were presented to relevant policy makers. • Analysis of best practice financial management for forest management units in South Sumatra, by Pemali in South Sumatra. Researchers have been working with the Lakitan production forest management unit head to advise on the implementation of a more efficient and transparent financial management system. These policy briefs are available from SETAPAK: tessa.toumbourou@asiafoundation.org ISSUE NO.2 January 2015NEWS Research and Publications 12
  • 13. Land and Forest Governance in The Media Mongabay Indonesia (mongabay.co.id) is an environmental news service that is working to improve representation of environmental issues Indonesia. Mongabay has expanded its coverage in Indonesia, with new field coordinators in five provinces. These coordinators have been covering stories relating to local NGOs advocacy priorities, including violations of permits, corruption and illegal practices of land based industries, revenue loss issues and many other forest and land governance issues. All NGOs are encouraged to work with the Mongabay field coordinators with suggestions for stories, contact details are set out in the text below: Mongabay field coordinators also supported environmental educational workshops in East Kalimantan, West Kalimantan, Central Sulawesi, South Sumatra and Aceh. Three high school workshops and one photography and writing workshop for university students was held in each province. Students enjoyed learning about environmental issues affecting their region, and schools are interested in engaging further with environmental NGOs on these issues. Every Tuesday at 5pm, Green Radio broadcasts a radio segment called ‘Jalan SETAPAK’ in Jakarta (89.5 FM), which is simultaneously broadcast to radio stations in the six SETAPAK provinces and in Pekanbaru. The radio stations in each capital city are: Nikoya in Banda Aceh (106 FM), Smart FM in Palembang (101.8 FM), Grass FM in Takaran (106.2 FM), Nebula FM in Palu (101 FM), Radio Kita in Pontianak (87.6 FM), Gema Nirwana in Samarinda (105.1 FM), and Green Radio in Pekanbaru (96.7 FM). National media outlets participated in media briefings covering key forest issues. Green Radio held its first media briefing in Jakarta on the 4 September, which focused on the need for coordination between government and civil society to improve forest governance, with a representative from the Ministry of Forestry presenting the opportunities for the new government administration and CSOs. Green Radio supported national media outlets to visit sites in Central Sulawesi, to see the impacts of mining on local communities. In September journalists visited Donggala, Central Sulawesi to see the impacts of iron ore and manganese mining on water ways and community health. Journalists also visited Sigi to see local NGO’s progress in securing tenure over a community forest site. Journalists who participated in these field visits produced some media coverage of NGO initiatives, and gave feedback for future visits suggesting that to improve their ability to write good stories, they need richer detail including hard facts to illustrate environmental impacts. Mongabay regional coordinator teaching high school students in AcehGreen Radio regional coordinator teaching high school students about forest issues in West Kalimantan Aceh Chik Rini chikrini72@yahoo.co.id 08116803191 East Kalimantan Panthom Priyandoko panthom.priyandoko@gmail.com 0811556539 South Sumatra Taufik Wijaya wijayataufik@gmail.com 082179555256 West Kalimantan Andi Fachrizal andifachrizal@gmail.com 08115717778 Central Sulawesi Christopel Paino christopelpaino@gmail.com 085256617494
  • 14. ISSUE NO.2 January 2015NEWS Indonesia has been called the social media capital of the world – Jakartans alone tweet more than any other city in the world. The Public Virtue Institute (PVI) is leveraging Indonesia’s embrace of social media to promote digital democracy and civil activism. Throughout November and December PVI ran a series of workshops with local partners to develop social media advocacy plans to support partner’s program objectives. PVI USING SOCIAL MEDIA to create demand for good governance reforms The second media briefing was held in Jakarta in October 2014, with a focus on issues relating to the Aceh spatial plan. The following week journalists from national news sources were taken to visit a number of locations in Aceh to understand first-hand the environmental issues posed by the provinces’ revised spatial plan which has been critiqued by NGOs for clearing large areas of nationally important forest systems, including the Leuser Ecosystem. Journalists visited Tamiang in Aceh, where Aceh NGO Haka has been working with the local community to remove palm oil plantations illegally planted in the Leuser Ecosystem, to be rehabilitated with natural forest. Journalists also met with members of the Coalition Concerned for Aceh’s Forests (KPHA), a coalition of Aceh NGOs working on improving spatial planning in Aceh. Journalists learn about a community forest initiative in Sigi. Journalists attending the September media briefing. Recent and upcoming events • Indonesia Green Region Award – forest governance award The Indonesia Green Region Award this year had a category for good forest governance, which on the 22 December 2014 was awarded to the Bojonegoro district, in Bali. This event was hosted by Green Radio, to recognise environmental achievements by district governments. • Mongabay Readersblog – writing and photography competition Updates to the Mongabay readersblog, and a writing and photography competition for the public, including students who participated in the photography and writing workshops. The competition closed on 10 December 2014, and the winners will be announced on the Mongabay Readersblog: http://www.mongabay.co.id/tatacara-lomba/ • Aceh Documentary Competition – Raising public awareness through film Film-making non-profit Aceh Documentary is using film to raise public awareness of the governance issues driving forest loss in Aceh. Aceh Documentary held a competitive documentary competition in October 2014 with a special category on forest issues. Five of the best films in the forest issues category were awarded at the event. Alongside the film awards, ADC will produce films for SETAPAK partners in Aceh, to raise community awareness and build support their advocacy strategies. On 21 November a test screening of the partner’s films was shown in Banda Aceh, and revisions are now being made to produce the final films. These films will be used by Aceh partners as campaign tools. • Forest Watch Indonesia – book launch Forest Watch Indonesia (FWI) on 11 December launched a book titled a ‘Portrait of Indonesia’s Forest Conditions’ (Portret Kondisi Hutan Indonesia) outlining the state of Indonesia’s forest cover and licenses in West Kalimantan, East Kalimantan and South Sumatra. The book will provide a forest and land database, and will include key themes on current forest conditions and status, and includes an album of maps with data related to licensing, including timber production, borrow-to-use permits for forests, and forest boundaries. The book is available on the FWI website: http://fwi.or.id/publikasi/potret-keadaan-hutan-indonesia-periode-2009-201 FWI have produced a short film about Indonesia’s forest cover and conditions: https://www.youtube.com/watch?v=zIdFxUHTedM 14
  • 15. The SETAPAK program started in 2011, and has expanded to include 15 national NGO partners and 26 regional NGO partners. The programme covers 26 districts in six provinces: South Sumatra, West Kalimantan, East Kalimantan, North Kalimantan, Central Sulawesi and Aceh. SETAPAK Locations and Partner NGOs ACEH • Aceh Utara • Aceh Barat • Aceh Besar • Aceh Selatan • Aceh Tamiang • Pidie WEST KALIMANTAN • Kubu Raya • Sintang • Ketapang • Kapuas Hulu • Melawi • Kayong Utara NORTH KALIMANTAN • Malinau • Bulungan CENTRAL SULAWESI • Sigi • Donggala • Parigi Moutong • Morowali JAKARTA / NATIONAL SOUTH SUMATRA • Musi Rawas • Musi Banyuasin • Banyuasin • Muara Enim • Oki EAST KALIMANTAN • Berau • Paser • Kutai Kartanegara NATIONAL PARTNER ICEL Seknas FITRA ICW IPC/FOINI HUMA Forest Watch Indonesia INFID - IWGFF SILVAGAMA Public Virtue Institute (PVI) Impartial Mediators Network (IMN) Muhammadiyah Publish What You Pay (PWYP) Sawit Watch Green Radio and Mongabay PROGRAM MANAGER Henri Subagiyo Hadi Prayitno Emerson Sulastio Tandiono Bawor Purbaya Christian Bob Purba Willem Pattinasarany Syahrul Fitra Harits (Jenggots) Anita Wahid Ahmad Zazali Budi Nugroho Agung Budiono Jopi Teguh Lasmana Peranginangin Ridzki R. Sigit (Mongabay) Franto Simanjuntak (Green Radio) EMAIL henrisubagiyo@yahoo.com hadi@seknasfitra.org emerson@antikorupsi.org sulastio_tio@yahoo.com sulastio.tio@gmail.com bawor06@yahoo.comn bob@fwi.or.id willem@nusa.or.id fitrasyahrul@gmail.com syahrul@auriga.or.id jenggot@gmail.com anita.wahid@gmail.com a.zazali@imenetwork.org budinh2002@yahoo.com agungbudion@pwyp-indonesia.org jopi@sawitwatch.or.id rrsigit@mongabay.co.id p_franto@yahoo.com franto@kbr68h.com
  • 16. Province South Sumatra West Kalimantan East Kalimantan North Kalimantan Central Sulawesi Aceh Partner Name WBH Walhi South Sumatra PINUS Gemawan Titian Jari Sampan STABIL Menapak Padi Prakarsa Borneo Jatam-Bumi Aman East Kalimantan PADI KPPA SCF YTM-Jatam GERAK BYTRA MATA YKN-ADC JKMA-KPHA HAKA Area worked Provincial level, Musi Banyuasin, Banyuasin Ogan Komering Ilir (OKI) Musi Rawas, Muara Enim Provincial level, Kapuas Hulu, Kayong Utara Sintang Kubu Raya Melawi, Ketapang Province level Berau Paser Province level, Paser Kutai Kertanegara Province level, Bulungan Malinau Province level, Donggala, Parigi Moutong Province level, Siggi, Donggala Province level, Morowali Province level, Aceh Barat, Aceh Selatan, Aceh Besar Province level, Aceh Utara Province level Province level Aceh Barat, Pidie Aceh Tamiang Program Manager Dedi Permana Hadi Jatmiko Rabin Laili Khairnur Sulhani Faisal Riza Fajri Nailus Subchi Jufriansyah Wastaman Ahmad SJA Mohammad Nasir Kahar Al Bahri Olvy Octavianita Tumbeleka Ahmad SJA Sunardi Kattili Muhamad Subarkah Syahrudin Muliyadi Muhadi Abdullah AM Faisal Illias Zulfikar Arma Ilyas Isti Email deddy.permana@gmail.com 0812 8735 776 adi.jatmiko@gmail.com 0812 7312 042 rabin.zainal@gmail.com 0811 718 481 khainur@yahoo.com 0813 4522 5232 icunks@gmail.com 0813 4565 0501 ichal_1999@yahoo.com 0813 4542 7059 fajri_nailus@yahoo.com 0853 4535 6719 jufriansyah_73@yahoo.co.id 0812 5801 198 mamanwstmn@gmail.com 0812 5682 6874 amonglumut@gmail.com 0812 5326 204 mohamad.nasir73@gmail.com 0812 586 1794 timurangin05@yahoo.co.id 0813 4790 0913 olvy_tumbelaka@yahoo.com 81235500553 amonglumut@gmail.com 0812 5326 204 undeng_palu@yahoo.co.id 0852 9871 1664 abalantara@yahoo.com / roasulteng@yahoo.com 0813 4136 9841 etal.palu84@gmail.com 0852 4119 9222 moelcd@yahoo.co.id 0853 6135 4262 muhadi_08@yahoo.co.id 85277303060 na_tinta@yahoo.com 0812 697 5113 faisal.ilyas10@gmail.com; acehdocumentary@yahoo.com rotangayo@gmail.com 0821 6154 1305 isti_leuser@yahoo.com 0852 7716 5086 SETAPAK Local Partner NGOs ISSUE NO.2 January 2015NEWS 16