Tag Archives: Customary land

Brimob and how the Yerisiam Gua people’s sago groves were cleared: PUSAKA

By Zely Ariane for Yayasan Pusaka

English Translation by AwasMIFEE

11 May 2016

Sima village, Nabire – During a discussion on Monday 9th May community representatives were asked if they agreed with PT Nabire Baru’s statement that police mobile brigade (Brimob) were stationed on the company’s premises because the community had requested their presence. They instantly replied that they didn’t.

“How could we have asked for them? How could bringing in Brimob to work as security guards be anything to do with us? We have never asked Brimob to come here. Actually their presence makes us feel nervous, not safe”, said Karel Maniba during the discussion.

The communities were protesting the presence of Brimob guards who protect the company’s operations fully armed, causing anxiety within the community. Brimob were seen on the ground when the Manawari sago grove was first cleared on 12th April 2016.

That day Enos Abujani was the first to notice two excavators clearing the sago grove and immediately went to tell his neighbours. Armed Brimob guards were there, watching over the land clearing.

Around 550 square metres were cleared on the 12th April 2016, including 15 stands of sago palms. “I felt my stomach churning as I watched them work. It was as if they were destroying the contents of my stomach”, said Gunawan Inggeruhi who joined three other community members in protesting the land clearance the following day. [The sago palm is the staple food of lowland Papuans].

The community challenged the land clearance four times. On the 16th April, as the company still hadn’t stopped work, they went both morning and afternoon to complain.

“It’s just that sago grove that we are asking they don’t clear. Because that is our livelihood. If I pound the sago inside the trunk, I can get 100,000 Rupiah, I can buy the things I need, such as salt, MSG, soap. If the grove is cleared I feel I have lost out, I feel sorrow, as if I have been stripped naked”, said Mama Yakomina Manuburi, holding back her anger.

Some community members have already been to ask members of the District Legislative Council (DPRD) to help, or have sent complains about this problem to the Nabire police chief. A representative of DPRD Commission I has been to visit the area. However, neither the council or the police chief have shown any clear will to stop the sago groves being cleared.

The Yerisiam Gua community collect signatures to save the Sago Groves

The Yerisiam Gua indigenous group have collected 110 signatures supporting their opposition to the clearance of the sacred Manawari sago groves around Sima village, in Yaur sub-district by PT Nabire Baru.

The signatures were collected on Monday 9th and Tuesday 10th May, as a response to a letter from the company which stated that opposition within the Yerisiam community was only coming from a handful of people and had been provoked by certain individuals.

“This company is pretty smart at deception, everything it says in the letter is incorrect. There are currently quite a lot of people who know about the company’s lies and oppose its presence here”, said Yance Maniburi irritatedly when the letter of response was read out in the discussion between representatives of the Yerisiam Gua indigenous group on Tuesday.

Nabire Baru’s parent company Goodhope Holdings were responding to a protest letter from the Yerisiam Gua community concerning the company’s presence and the work being carried out. The company did not give a specific response concerning its current clearance of sacred sago groves.

In the letter addressed to Forest Peoples Programme and dated 29th April 2016, Aditia Insani from Goodhope said that PT Nabire Baru had settled all issues of community rights, was in possession of all the required permits and had corporate social responsibility programmes in place.

He also stated that Brimob were stationed in the company’s area because local people had requested protection from the threat of armed groups.

“Brimob forces are not involved in acts of violence”, Aditia said in the letter.

On the 19th April, the Yerisiam Gua commuity sent a letter protesting about PT Nabire Baru to the Roundtable on Sustainable Palm Oil, via Yayasan Pusaka. The complaint was in connection with the expansion of the company’s work area to include the sacred Manawari sago grove and the presence of Brimob guards which was causing anxiety within the community.

According to Y.L. Franky, Director of Yayasan Pusaka who forwarded the Yerisiam Gua people’s request, four issues form the basis for the community’s position.

Firstly, PT Nabire Baru has from the outset attempted to win the support of a small group of community members to release community lands, without a general meeting or the agreement of the wider Yerisiam community which holds the land rights.

Secondly The Yerisiam indigenous community have repeatedly complained and spoken of the problems of this land expropriation, their suffering and losses and the violent practices used by Brimob security guards in their approach to these problems, but the government and company have ignored and failed to respect the community’s complaints or opinions about these matters.

Thirdly, the company has cleared ecologically important natural forest resulting in deforestation, and as a result the community have lost a source of income, and there has been recent serious flooding inundating Sima village where the Yerisiam people live.

Fourthly, the company’s attempts to clear the sacred Jarae and Manawari sago groves, contravening an agreement made with the community in February 2016 which opposed a smallholder scheme in the sago area.

The company had promised not to disturb the sago groves. “Previously they said that they would leave the sago groves as an enclave owned by the Yerisiam people”, said Agus Henawi. “But it seems as if their objective is to finish us off”.

The Yerisiam Gua community have stressed that the promises PT Nabire Baru made since it commenced its investment have still not been fulfilled.

“Right at the beginning they promised to build a school, a church and houses but not one of these promises has been met yet”, said Mrs Yance Rumbiak.

She feels that since the company arrived the people have been made to suspect each other, causing divisions within families, setting people against one another and making village life uncomfortable.

Zely Ariane reporting from Sima Village, Nabire.

Landowner clan shows PT Agriprima Cipta Persada in Muting the limit for land clearing

In Muting, near Merauke, oil palm company PT Agriprima Cipta Persada (ACP) is expanding its plantation area by clearing forest on which local indigenous people hold customary ownership rights.

https://awasmifee.potager.org/uploads/2014/06/patok-adat-d-muting-427x450.jpg
The Ndiken Malindan clan has planted traditional customary land marking poles to delineate the limits that agribusiness can work on their land.

Previously in 2013, PT ACP had already cut down the forest and cleared around 2000 hectares of land, allocated to the local transmigrant population but some distance from their village, to plant oil palm.

The forestry ministry still has not accepted PT ACP’s request to release land (currently classified as production forest that can be converted) from the state forest estate. Even without the permits, the company has continued to clear the forest around the Alfasera 4 transmigration area, and the area cleared continues to increase.

At the border of the forest belonging to Alfasera 3, the head of the Ndiken Malindan clan, Pius Ndiken, has planted poles which are a traditional symbol to forbid the company to undertake activities in the forest for which his clan holds the customary rights. The pole is wooden, and is tied with coconut leaves, with red paint around the tip, driven into the ground around the forest’s edge.

“We are making this customary blockade because the company is not keeping to its promises to resource the local population”, said Pius Ndiken. Pius had previously been recruited as one of ACP’s security guards, but was forced to leave his job because there was no indication that the company was going to fulfil the promises it had made, for example to build housing, help to pay for education and because the company was not paying a reasonable wage.

According to Paulus Ndiken, former village head in Muting, the reason the people are blocking the company is because they know that the land which has been ceded to the company [by other clans] is actually part of the territory of two transmigration settlements, and not ‘adat forest’ [where the indigenous people are the undisputed owners].

Pusaka

Deforestation of the Nabire Region continues from HPH to the oil palm plantation (Part 1)

by Sin Nombre (Mongabay-Indonesia),  

May 29, 2013

https://i1.wp.com/www.mongabay.co.id/wp-content/uploads/2013/05/Hutan-hutan-keramat-Nabire-yang-dibongkar.jpg
Nabire sacred forests are dismantled (photo: Mongabay Indonesia)

Approximately 55 kilometres on the West of Nabire region of Papua Province unfolds a large amount of forest that is owned by a large tribe called the Yerisiam. This tribe has 4 (four) sub tribes namely Wauha, Akaba, Karoba and Sarakwari. The area with tens of thousands hectares is situated at the shoreline of Cenderawasih Bay.

Apart from the sea, the forest has been the source of life for these four tribes from which they obtain sago, traditional medicine and it’s their hunting ground. There is also a sacred place believe to be the resting place of the spirits of their forefathers.

The situation changed since 1990-1991 when HPH (Forest Concession) Company, PT Sesco entered Wanggar and Yaro districts and took bars of Merbau wood. The chairperson of the Cooperative Society, Yunus Kegou, said that the company ended its operation in 2000 and left many broken promises.

“At that time, the company hadn’t paid Rp.40 million which is approximately A$3900 with the count of Rp.1000 per cubic meter with is equivalent to A$0.95. The request from the local which are 4 motors, 4 chainsaws and 1 vehicle for the locals to use hasn’t been paid till present,” said Kegou.

In 2003, three companies entered and established in this area, namely PT. Pakartioga, PT. Junindo and PT. Kalimanis (PT Jati Dharma Indah).  Allegedly, these companies changed their names from PT. Sesco to PT. Pakartioga, and the HPH (forest concession holder) to the name PT. Junindo, and PT Jati Dharma Indah (JDI) to the the name PT. Kalimanis.  In the HPH permit, the operating period of JDI ends on 2017, with the permit of operation on the West and East of the Nabire Region  – a huge part of Cenderawasih Bay.

The presence of all these companies left many opaque stories. Their social responsibilities are negative, labourers were imported, and the experiences with transmigrant and the outsiders created conflicts not only with in the civilians but with the companies as well.

Erens Rumbobiar, the Chief of Makimi village situated on the eastern side of Nabire town, said that the conflicts with the locals occurred several times, and were the logging companies fault at that time.  One of the cases that stimulated conflict was when Jordan and Paulus Ha’o permitted logging company PT. Barito to chop down the trees and turn them into logs, not knowing that the area is a customary land of Sefnat Monei.  The conflict almost ended up in physical attacks (according to Customary Law) so the matter was taken to Didimus Warai’s residence,  who as the Chief of Wate’s tribe, solved it. People that were present at that time represented their clan which were Utrech Inggeruhi, Simon Hanebora as a witness for Sefnat Monei, Nikanor Monei and Jordan Ha’o.

In 2007, JDI that had been permitted to operate till 2017 invited PT Harvest Raya Company from Korea to start the oil palm plantation in the region. The locals refused PT Harvest Raya because it is thought to be threatening their future and future of their generations. However, this refusal produced polemic within the Monei clan whereby Sefnat Monei as the owner of the customary land refused, but his children allowed the exploitation of the land to be carried out.

This time, PT. Nabire Baru (NB), another oil palm company entered and settled in two of the villages in Yaur District of Nabire Region namely Sima and Wami village. This concession is located with the Northern side bordered by the ocean of Cenderawasih Bay, and the Southern side bordered by the JDI production forest and Wami village.  The western side borders the road connecting Nabire – Wasior and also PT. Sariwarna Adiperkasa HPH, and the Eastern side of the area borders the production forest, Jaya Mukti village, and Wanggar River.

The company is said by local villagers to be building communication with the local people in the area which led up to a thanksgiving at the early 2010. Traditional prayer was carried out as a start of the business and the compensation of the land was agreed as Rp.6, 000,000,000 which is equivalent to A$600,000. This agreement is said to be completed without the involvement of JDI.

Afterwards, several individuals persuaded Nabire Regional Government to issue new permits.  After the thanksgiving, the people demanded the government solve the HPH land issue so it doesn’t interfere with the oil palm plantation. Eventually local people were driven by few individuals sign a petition on a piece of white cloth, and took it to the Parliament office in Nabire with the hopes that the issue of the location is solved.

The reason was that JDI has long left the area and there was no communication with the indigenous people even though the permit HPH is still valid.  At that time, Benyamin Karet the Setda (Regional Secretariat) for Nabire Region, said that the status of the area of 17,000 hectares was problematic because it’s still owned by PHP JDI.  That area itself had not been plotted for oil palm plantation, but driven by the persuasion of the indigenous people, Nabire Regional Government issued a permit in the form of the Regent’s decision.  The principle of the cultivation permit is that the funding is issued by an Investor’s Agency on 21 of September 2010.

Nabire Regent Isaias Douw, said the indigenous people admitted that the location is safe and can be used NB.  “There had been a conversation between the company and the indigenous people and had been an agreement with the locals. Therefore, we issued a permit to the investor because the locals demanded,” he said.

However, the Regional Government knew there would be a problem with JDI, they therefore asked the locals and NB to solve the problematic location with the companies PHP. At that time, the activists blamed NB and JDI as if they deliberately stirred up the conflict in deceiving the locals of taking merbau wood from their area.

NB Consultant, PT Widya Cipta Buana, led by Iwan Setyawan, at the public consultation analysis in regards to the environmental impact (AMDAL) in early May 2013, explained in Sima Village that the company “is based on the Environmental Act, Government’s rules and policies, and even the rules and policies of the Minister of Environment Number 16 and 17 of 2012 concerning the Guidelines for community involvement in the EIA (Environment Impact Assessment), and an environment permit process. “From the legal perspective, the company has feasibility to carry out the activities”.

NB started the business in 2011 and recruited more than 1250 labours. In 2012, the company applied for the extension of the permit (which was granted via the) Regent’s decree number 71 2012 dated 24th of July 2012 about extending the location permit. The trees were then chopped down and turn into logs, and were taken out of Nabire, when the owner of the land protested.

The data collected by Mongabay, shows from the permit of 17,000 hectares, the area that was cultivated were 12.438,77 hectares including the conduit and the path in the garden and the cultivated area of 10.758.00 hectares. The rest include 1.851.88 hectares of the beach, 1.957.38 hectares of the river, 688,32 hectares of hills and the sacred places, 63,69 hectares of sago plantation and the nursery of 224,82 hectares. In 2013, the plan to cultivate is approximately 2.500 hectares, 4.500 hectares will be in 2014 and around 3.428 hectares will be in 2015. The factory will be built around 2015 with the processing capacity of 90 tonnes an hour.

Mr Kim, the owner of the company, claimed that he has been given the permit for 200,000 hectares of land and 20 other companies in Nabire Region and the surroundings, including several gold companies in Topo and Batu Bara area at the Eastern part of Nabire. Kim didn’t mention the details of all the companies that he owns.

To Be Continued…

 Translated by West Papua Media

Forest devastation of customary land on the MIFEE estate (File photo)

PT Selaras Inti Semesta’s Unkept Promises to Senegi Villagers

Tabloid Jubi

by Ans K @ Tabloid Jubi

January 4, 2013

The leader of the Merauke District Legislative Council (DPRD), Leonardus Mahuze, says that PT Selaras Inti Semesta, a company logging forest owned by the people of Senegi village in Okaba district, has not fulfilled the promises it made when it started its operations there.

Chairman DPRD Merauke, Leonardus Mahuze (Jubi/Ans)

That was how Leo described the situation to tabloidjubi.com, on Thursday (3/1).  He said that the company’s promise to provide education for Senegi village’s children, including providing college places, has still not happened.  Similarly the company has not provided new houses, electricity supplies or clean water either. As a result, the local people who are the customary landowners in the area, feel they have been exploited.

Until now, Leo related, the only thing which PT Selaras Inti Semesta has completed building has been a church. In the meantime they are logging the forest every day. “Yes, of course the local people are the victims in this situation. The council has received many complaints”, he said.

Leo added that in the near future he will summon PT Selaras Inti Semesta and local people to a meeting at the District Legislative Council, and draw up a memorandum of understanding between the two parties, witnessed by representatives of the people. This is in order to uphold the people’s rights.

(English translation: https://awasmifee.potager.org/?p=308)

The Impact of MIFEE presence at Bian River and Maro River, West Papua

http://tabloidjubi.com/?p=7575

Press Release from Indigenous Peoples Organization of Bian Enim

Extent of MIFEE estate (via Tabloid Jubi)

Jayapura, (21/12)—“The Lord Allah has given new land to create human-being, they  (human-beings) are given legs and hands to cultivate the land. We do not refuse any development and companies on our land, but we  want to get fully involved in it (development)”

The presence of company and investment development on our customary land has caused several impacts, which we face direct and indirectly. One of the impact that clearly occurs is water contamination which is followed with phenomenon of dead fishes,  turtles and other water animals, which people believes that these are affected by company’s waste where is located on the edge of Bian River. Moreover, the water from river and swamp that we have been using and consuming for our daily needs, e.g drinking, cooking, bathing, and others, can no longer be used by us anymore. The kids who baths in the river and swamp has got health problems on the skin, digest problems, coughs and other health problems. In compensation, we have to walk miles and miles to get fresh and clean water.

The company’s activities, which we see by ourselves, has demolished our customary land that we have been protecting, nurturing, and taking care of. The deforestation of our customary forest has also deprived any of traditional medicines that we have been using for all this time. It is harder for us to look for Sago, hunted animals, traditional clothes materials, and customary equipment which are only available in the forest. For us, customary forest that is destroyed equals to damaged and the loss of our culture.

The company came to the village without any detail, clear, and proved information given. The company does not involve indigenous peoples and land owners since the first time of investment plan on our land. As well as things related to policy and permits was not informed openly, clearly, and detail to us, including the potential impact of the land permits that might occurs on our land.

In the process of socialization, consultation, verification of clan owners, and negotiation which was conducted by companies, they never get the clan owners fully involved. The companies only engaged the head of clan, the community leaders, including local government to get involved on the land that is grabbed and destroyed. The involvement mentioned is related to involvement in EIA Preparation Process, consultation, and EIA assessment. The indigenous community’s organization which represents the indigenous peoples was not even involved in this process. Meanhile, on the side of community, the land owners whose land is not grabbed and destroyed were not engaged to get involved. This matter resulted to today’s situation where our demands and aspirations are not expressed well.

We feel that government who shall has duty and obligation to protect, respect, and bring forward our rights as indigenous community, has clearly become the company’s men as they are on the company’s side, and not on the side of the indigenous community and the land owners.

When the companies came to our land, they and the government mentioned that the land was only borrowed or contracted for 35 years and afterward the land will be returned to the customary land owners, and we believe that we will get our land back. Nowadays, we got information that one of the palm oil companies, PT Bio Inti Agroindo (BIA) who conducting operation on ou land and customary area has got their Land Use Rights / HGU. We realize that the end of land use rights would refer to the land be returned to the state, after 35 years been used by the companies. For us, this situation means that the companies has failed to protect our indigenous rights as the real land owners. This also means that the company has intentionally committed fraud, negligence and removal of our indigenous rights without our approval on the concession. For that matter, we urge that if the company wish to continue using our customary land, thus the company is obliged to seek for our approval as land owners and we also have make sure that the land will be returned to us, the clan owners, after the usage.

Demands and Aspiration
Based on the circumstances and the facts above, we are very aware that many losses that we have experienced will be sustained and the impact on the loss of life, dignity and our rights as indigenous peoples as well as our constitutional rights. Therefore we demand and urged the government to take actions to:
1. Revoke and cancel location permits off of our customary land
2. The Land use rights must be removed from the land and customary land and  clan’s land, and also to ensure the lands will be returned to our customary land owners
3. The Company shall be responsible to, and conduct recovery as well as to give compensation to the communities who lived along the coast of Bian River up to Kaptel
4. The government should take action and control of disruption and environmental pollution caused by gold mining company’s activities in the border between Indonesia and PNG, which has threatened communities in Maro River – Bian River
5. The government shall conduct an investigation, field observations and research on the situation in the Coastal Mandob-Bian-Mill and should involve communities and civil society organizations.

Merauke, 18 December 2012
Sincerely Yours,

No. Name, Village, Position
1.    David Kabaljai, Baidub, Clan Member
2.    Bertila Mahuze, Boha, Clan Member
3.    Willem Mahuze, Boha, Head of Village
4.    Markus Dambujai, Bupul, Clan Member
5.    Petrus Mekiuw, Bupul, Clan Member
6.    Bibiana Kodaip, Erambu, Clan Member
7.    Elvas Kabujai, Erambu, Clan Member
8.    Polikarpa Basik-Basik, Kindiki, Clan Member
9.    Sebastianus Ndiken, Kindiki, Leader of BianEnim Indigenous Peoples Organization
10.    Simon Mahuze, Kindiki, Village Officer
11.    Chriz Ungkujai, Kweel, Clan Mekiuw Leader
12.    Klemes Mahuze, Muting, Clan Member
13.    Maurits A. Mahuze, Muting, Clan Member
14.    Paustinus Ndiken, Muting, Secretary of Indigenous Peoples Organization
15.    Silvester Ndiken, Muting, Clan Leader
16.    Yanuarius Wotos, Muting, Clan Member
17.    Melkias Basik-Basik, Pachas, Clan Member
18.    Simson A. Basik – Basik, Pachas, Clan Member
19.    Susana Mahuze, Pachas, Clan Member
20.    David Dagijai, Poo, Leader of Yeinan  Organization
21.    Siprianus Kodaip, Poo, Clan Member
22.    Abner Mugujai, Tanas, Leader of Tanas Organization
23.    Carolina Mandowen, Tanas, Clan Member