Transcript for:
Tantangan Hak Hutan Adat Papua Barat

My Forest My name is Herman. I am educated in our kambik (Indigenous customary hall). I am from Sayosa District. Herman is head of the Malak clan, part of the Moi Kelim tribal group within the Moi indigenous people of the Sorong region. They live in Malalilis Village, Klayili District, Sorong regency, West Papua Province. This morning, Herman and his family prepare to go hunting. Spear and machete are their main hunting tools. They bring food and drink in bags made from tree bark. Their hunting grounds are within their customary forest area. Our customary land is divided into two areas, one with a fabric shelter, and one kambik (customary hall). Only two. Our customary forest area is next to Ulimele Clan, Kalalu Clan, Do Clan, Kiling Clan, then another Malak Clan. It’s Malak 2. Malak 3 are heads of Maldofok Village. Malak 2 are the ones whose territory borders with ours, including Klasbin. Klasbin who live up on the hills. From there, go to the mountain like this. Then, go into the mountain there. It takes 30 minutes to go to the forest. There’s no forest left along the route. Nothing but palm oil trees. Upon arriving at the forest, Herman and his family change their clothes. Yeah, We change our clothes. We change our clothes when we arrive in the forest. We use loincloths then we’re good to go. This is the customary rule. There is no difference in meaning between red or black fabric. This is from our ancestors, when we arrive in the forest, we wear this. We follow our ancestors’ tradition from time immemorial. Not long after entering the forest, they detect deer tracks. These are deer footprints. From just this morning. And also cassowary tracks. It’s cassowary footprint. These are cassowary footprints. A cassowary passed this way this morning Their customary forest is still pristine… …with plentiful wildlife. At the riverbank, they encountered some deers. It’s a deer. Unfortunately, today is not Herman’s lucky day. Herman’s family haven’t caught anything during their day’s hunting. The was a deer, but this dog couldn’t chase it. He’s been resting at home too much, so he’s not strong enough. There were 4 animals today. 1 wild boar, 1 deer, 2 tree kangaroos, four in total. What we encountered there was a boar. I tried to spear them. One was in the open, running toward us. But then it saw us and jumped off to the side again, I should have spear it. It was a female deer with one fawn. Despite the failed hunt, Herman is not concerned. He will try again tomorrow, and he’s certain their hunt will succeed. What does worry Herman is the forest disappearing. We have lots of wildlife here, birds of paradise, sacred water, sacred hills, sacred trees, including the bamboo. There is bamboo which is permitted to be harvested, and bamboo that is not. These rules don’t come from me, God is the one in control of the forest, from the era of our ancestors. The Malak Clan have suffered bad experiences regarding their forest. In 1989, a timber company, PT Intipura Timber Company, was granted a logging concession over their forest. It was a subsidiary of PT Kayu Lapis Indonesia group, the biggest timber milling company in Indonesia. Their forest was logged. The cut timber was carried out through this route. This is the road cut by PT Intipura. It was belong to the company. The road was used for logging purpose. In 2009 the logging permit ended. Not long after being freed from the logging permit, the Malak Clan’s forest was threatened by palm oil investors. Nearby forest areas belonging to other clans have already been cleared for oil palm plantations. But the Malak Clan has consistently opposed oil palm. We reject oil palm. That’s what I say. Because if we accept, then what about the future? How will the children eat in future? Where will they live? It’s alright for me, but I have to think about them. my clan and those nearby us – tomorrow they will suffer and have nothing to eat. Klasman Village, Malabotom District My name is Agustinus Kalalu. You can call me Agus. I work for Yayasan Pusaka Bentala Rakyat as a field staffer. My job includes mapping customary areas. Today, Agus visits the Fadan Clan at Klasman Village, Malabotom District. Upon meeting the head of Fadan Clan, Manase Fadan, Agus hands over a map. The map surprised Manase Fadan. Because he didn’t know that the government had granted a company an oil palm consession over his clan’s customary forest. So, this is what happened. Once, a person came to me, named Elias Kaisukur. He came to Salawati over here. I asked about his data, I asked did you bring a map. He said they didn't bring a map. So that we could know, if the permit is on top of the customary forest of the Fadan clan. Then we asked them again about the map, and they came again and bring the map. Finally I could see the map, and I asked, Where did the map come from? Who put these coordinates on it? Because they cover our customary lands. And he said, they based this map on NGPM (oil company). NGPM that was mentioned by Manase Fadan is New Guinea Petroleum, a Dutch colonial era oil company based in sorong. For oil exploration activity, NGPM mapped the Sorong area and its surroundings. The Malamoi indigenous institution has kept records of this. Sorong city was once claimed by the Dutch oil company NGPM. The Dutch built a base camp including building a road to access the oil, but in this area they only gave the Indigneous landowners a little greeting money, some axes, cigarettes, some secondhand clothes. According to the Indigenous peoples here, that was just greeting money. While the Indigenous people had not made any proper use agreement at that time with the Dutch colonial government. After the Dutch left Papua, NGPM was nationalised, acquired by Indonesian oil company Pertamina. Now the land that was claimed by Pertamina, according to the government has been reclaimed as state land, but the Indigenous people say they still own the land, this is still their customary land, we have never released it to other parties. So the boundaries of the traditional land rights of the Fadan clan with the Osok clan, the Fadan on the right, the Osok on the left. So the border is the river. So all the way from the estuary up to the headwaters, so the right side is for Fadan clan, the left side is for Osok clan. Yes, this is the area where the palm oil project wants to enter into this customary land. Starting from the village of Malasigit to the village of Klamugun, the boundary with the people of the village of Disfra. PT Inti Kebun Lestari and PT Sorong Agro Sawitindo have their sights set on the customary forest of the Madan Clan. Both of them are palm oil companies. Oil Palm (Elaeis guineensis) Brought to Indonesia in 1848 by Dr. D. T. Pryce of the Netherlands. The first large scale palm oil plantation was opened in 1911 on the east coast of Sumatra and at Sungai Liat, Aceh. In recent decades the palm oil industry has expanded massively in Indonesia. Palm Oil Plantations Area in Indonesia (2019) Palm oil plantations in Papua are still below two hundred thousand hectares in total. But in fact the area of forest handed over to as-yet undeveloped oil palm concessions is much greater. Koalisi Indonesia Memantau mentioned that permission of Papua Forest uses were started decades ago. From 1992 – 2019, 72 forest release decrees have been issued. In total, 1,549,205 hectares. 84% of the total or 1,307,780 are for oil palm plantations. Consession of Papua Forest for Oil Palm Plantations “Stop Oil Palm and Timber Business” This is a boundary marker board. This marks the limit for outsiders, other people can not enter our forest. No, we forbid them earlier. It’s a ban. So that companies are not allowed to enter. This is the customary land of Malak Kalawilis. Palm oil companies, timber companies, any kind of company is no longer allowed to enter. Because this land is protected forest, customary Indigenous forest. Signs like this have been erected around the border of the Malak Clan forest. They’ve done this because they are worried about company land grabbing. I had an experience from PT Intimpura before. I’ve learned my lesson, I immediately put up a wall. I told them I don’t want to negotiate, to talk. I don't want palm oil. Herman Malak’s concern is valid. There is currently massive expansion of palm oil in Papua. This video shot by Greenpeace provides the proof of that. The video was shot in 2018, showing large scale forest clearing for palm oil. Thousands of hectares of Papuan forest cleared, then planted with oil palm seedlings. Industrial investment is triggering conflicts with local Papuan communities. This is because almost all the area cleared is indigenous customary forest. Conflict between indigenous people and companies is common. This is a group of Maybrat indigenous people at Kais in South Sorong Recency. Right now we are going to ask the company to pay compensation for the damage they have done... ...to our Indigneous land around their factory site. They are protesting company land grabbing over their customary forest. There was tense conflict at the end of the concession period around the early 2000s, 2004, when companies got permission from the provincial and central government... ...to convert most of the timber company’s production forest area into oil palm plantations. Yayasan Pusaka Bentala Rakyat notes that land conflicts between communities and palm oil companies have occurred in many places in West Papua. Papua’s forest area totals 36.9 million hectares. This is 47 % of indonesia’s total forest area. Papua is the last stronghold of pristine forest in Indonesia. In 2015, the Corruption Eradication Commission (KPK) began working with all regencies in West Papua on the national movement for natural resource conservation, GNPSDA. The result was an agreement that Papua’s natural resources, especially its forests, should be saved from over-exploitation. Based on this, bolstered by the 2018 national palm oil moratorium policy and the 2018 manokwari declaration, the government of West Papua Province evaluated 30 palm oil companies. 24 companies were evaluated deeply. 12 among others got their license revoked. Oil Palm Companies Got The License Revoked In Sorong Recency in 2021, The Regent Johny Kamuru revoked four palm oil company permits. The companies were PT Sorong Agro Sawitindo, PT Inti Kebun Lestari, PT Papua Lestari Abadi, and PT Cipta Papua Plantation. The revocations were not the first. Yayasan Pusaka Bentala Rakyat notes that on 14 august 2020, the local government revoked a permit for PT Mega Mustika Plantation covering 11,457 hectares. There have been two cases in Sorong. The first in 2020, with PT Mega Mustika Plantation, there was a long struggle between the Moi People in Kalaben. From 2012, almost every year they have actively spoken out, In 2020 before the revocation of the permit they were still protesting, if I'm not mistaken it coincided with the Day of Community Awakening, International Day of Indigenous Peoples. Then the regent said that he would revoke the permit. The Fadan Clan’s customary forest was covered by oil palm permits that were revoked, belonging to PT Inti Kebun Lestari and PT Sorong Agro Sawitindo. Manase Fadan hopes that with the permit revocations, their customary forest will be returned to the clan. We have a plan, if the result is the revocation by the local government of permits covering the Fadan clan's customary forest, we want it handed back to us, we want our territory. Specifically for the Fadan clan, the boundaries within which we manage the forest. We try so that we can manage our own territory. But the Fadan Clan has to wait. Because the oil palm permit revocation has been opposed. On 2 august 2021, Three companies, PT Sorong Agro Sawitindo, PT Inti Kebun Lestari and PT Papua Lestari Abadi fought back and filed lawsuits at the administrative court in Jayapura. The companies argued that under the Omnibus Law on job creation which was enacted on 5 october 2020, the regent was not authorized to revoke the permits. Long live Indigenous people... Long live Indigenous youth... The regent of Sorong, Tambraw, Maybrat, South Sorong... We are all here to express our full support for the Regent of Sorong. Facing down the lawsuits, the regent of Sorong, Johny Kamuru won wide support, the Papuan community stood with him. We cancelled permits of four companies, three sued, one did not. The companies – in accordance with existing procedures, in accordance with existing laws, in accordance with the reality on the ground, in accordance with the reality of the environment, environment and customary rights – in all these respects, these companies were in violation. And it is intolerable, so we revoked their permits. Long live Indigenous People... Similar protests were also held in Sorong city. Because the regent consistantly help us, indigenous people, to protect our customary territory. We immediately consolidated support for the the regent. Why? Because what the regent did was something very important – for the next 20 years we will still have forests, and customary lands. That’s why we support the regent’s move to revoke permits. October 14, 2021 , The Malamoi Indigenous Council held a customary trial in Sorong. All the Moi Indigenous People representatives attended. Customary land .. please, will the Indigenous Council and Indigenous People look at the law. It says that the state cannot occupy customary forests without agreement of customary rights owners. Where did these newcomers arrive from? The customary trial was not intended to replace the administrative court proceedings. But rather to achieve justice under traditional law in community disputes with palm oil companies. Therefore, both the regent Johny Kamuru and the three companies were invited to attend and testify. Government, company, and customary rights owners are here to talk... But the companies did not attend. For the Moi people, a customary trial is the highest forum to decide important issues. After testimony from all clans,
the Malamoi customary trial resolved to support the regent Johny Kamuru... ...in his decision to revoke palm oil company licenses. Rukka Sombolinggi, secretary-general of the Indigenous Peoples' Alliance of the Archipelago (AMAN), says that the Malamoi customary trial demonstrates the application of indigenous wisdom in resolving problems. Unfortunately the government does not appreciate indigenous peoples. According to AMAN's calculations, in Indonesia there are still 40-70 million Indigenous people. All of them experience complicated problems, which are the same as Indigenous peoples in Papua. As long as this is still called Indonesia, there is a fundamental problem where the rights of Indigenous peoples, the basis of those rights which are recognized by the Indonesian Constitution, are not implemented by the government, are not fulfilled by the Indonesian government, and that is the root of the problem. Recognition of the existence of indigenous peoples rights is clearly stated in the constitution, and in various laws and regulations. Even more so in Papua, where indigenous rights are enshrined in the Special Autonomy Law. But after many decades, indigenous communities of Papua, are yet to properly enjoy their rights For example in forest management, the central government awards concession permits to corporations. And corporations are free to exploit Papuan forests without the consent and involvement of indigenous people. Greenpeace documents land clearing in Papuan forests. Where thousands of trees were felled. And then exported from Papua. Yayasan Pusaka also documented the destruction of Papuan forests. Merbau trees in Papua’s forests are often targeted for logging, as a valuable timber species. Manggroholo and Sira village is located within the Knasaimos forest landscape, Saifi and Seremuk District, South Sorong Regency. The Knasaimos area has been classified by the Ministry of Environment and Forestry as convertible production forest (HPK). This regulatory status threatens the community of Manggroholo and Sira, because at any time the forest can be released from the forest estate for use by corporations. In 2016, the community took the initiative to carry out participative mapping of their traditional lands. Then they submitted a proposal to the South Sorong Regency government, so that the Knasaimos forest can become a village forest. On 17 march 2017, the application was successful. On behalf of we Indigenous people I would like to express our gratitude especially to God, because his spirit works through all the office holders, all the NGOs who helped us in this process. Starting from mapping, preparing the community, and especially to Greenpeace, because Greenpeace is our friend who always encourages us to campaign. So we don’t wait until there’s an election to campaign. We campaign for the safety of the people of Papua and the Papuan forest. That is what we develop as it goes on. I hope we think the same way, so that we can agree to build a prosperity through this process. In becoming a village forest (hutan desa), forest management falls under the control of the indigenous community. This management model has successfully prevented oil palm expansion in Manggroholo and Sira forest. Village forest and indigenous forestland was included in the Social Forestry Program announced by President Joko Widodo in 2016. This social forestry program really has had a significant impact on economic equity, on economic justice. Without disturbing the function of the forest and its ecosystem. The Social Forestry Program was a national strategic program (PSN). But as of 20 November 2020, the Social Forestry Program was removed from PSN. This is bad news, especially for Indigenous People, because recognition of their rights over forests is no longer a national priority. Worse still, the 2020 Omnibus Law on Job Creation which opens the door wide to corporate investment. Article 69 abolishes the right of Indigenous peoples to practice traditional farming, which was guaranteed by the environmental management law. As we know very well there is a lot of illegal oil palm planted in what is known as the Forest Estate, some in protected areas. Now what this omnibus law has done, Article 82A provides an amnesty for this illegal oil palm, so this Omnibus Law has become an eraser, crushing protection for Indigenous People. The Malak Clan realised their customary forest is sought by palm oil investors. If this happens, the Malak Clan’s livelihood will be destroyed. Along with their clean water source. In cooperation with Yayasan Pusaka, last year they carried out mapping and installed forest boundary signs. I have observed that the Malak Klawilis Pasa Clan is very solid and committed. I hope that with one year’s field work they can achieve recognition. Not like in the government. In my calculation, one year is the fastest you could get, or the faster it takes 6 months. If their neighboring clans are also solid, and there’s no conflict, they can gain legal recognition of their land rights soon. After the mapping was complete they submitted their proposal to the Sorong Regent, so that their land could be recognised as customary forest. This is Malak Clan members’ celebration dance. Today, 15 october 202, the Malak Clan received a decree recognising their customary forest... ...from Johny Kamuru, the Regent of Sorong. This clan’s process is concluded, and this becomes the way forward for other clans. The decision issued by the Regen, provides recognition of the Malak Clan’s customary forests. The Malak Clan are relieved. They can manage their forest without interference. If we weren’t solid together, if we weren’t firmly protecting the forest, it would have been over. So my message is, who wants to join us? So that in future we can all achieve legal recognition for our Indigenous forest land. So the Malak Clan is divided into sub-clans. You’ve witnessed our sub-clan the Malak Klawilis achieve a land recognition decree from the regent. I saw they received it, that was inspired me. So my plan is that we continue to help the other sub-clans, such as the Madan, to map their land, and achieve legal recognition as well. We’ll be happy together like that. For Papua’s indigenous communities, forests are not just an economic issue. Forests are life, identity, memory, to be passed down to the next generation. Since President Soeharto's era, food estate projects have failed. Yet the program is being pushed again by President Joko Widodo in several provinces, based on claims it will avert a food crisis. Will the program be a success or fail once again?