The following misconceptions must be addressed by recognizing our economic human rights and using this knowledge to struggle against economic oppression of the poor and future generations:
1.We do not need rights but food. 9 out of 10 hungry people suffer, not because of food scarcity but as a result of people being deprived of food producing resources. Capital intensive, free-trade policies have ruined rural systems of agriculture, making it chemical intensive, reducing food quality and destroying sustainable development aimed at feeding the poor. Hence, food is a questions of rights, the right to have access to means of production and distribution of food.
2.Modern western agriculture will eventually produce enough food for everyone. In market based agriculture cost is not only determined by factors of production, but also by government's attitude. Quite often governments are dominated by business interest: State infrastructure tends to lean towards big agribusiness and the small farmer is excluded. Social exclusion and environmental destruction are the price paid by the poor. Another problem with dominant western agriculture is its lack of sustainability and and the environmental destruction linked to it. Even in regions that now seem secure, food scarcity may come back in a few decades.
On September 2006, the government i.e.; the president’s spokesperson - Andi Malarangeng, Minister of Forestry – M.S. Kaban, Minister of Agriculture – Anton Apriyantono, and the Head of BPN (Badan Pertanahan Nasional–National Land Agency) – Joyo Winoto announced to public that they would distribute land of 8.15 hectares wide forest area to the people. These were announced after the president held a limited cabinet meeting in the State Palace.
Responding to this announcement, civil society especially Peasants Organization and NGOs which concerned on Agrarian Reform conducted a series of discussions to update each other’s information on the plan, along with consolidation in Jakarta, Bandung, and Bogor. The result of the discussion was a recommendation for KPA to do a hearing with movement activists and also to the Head of BPN; and a recommendation for Pokja PA-PSDA (Working Group PA-Natural Resources Development) to do a similar hearing with the Minister of Forestry.
Following up the recommendation, KPA together with Serikat Tani (Peasants’ Association) in national and local level i.e.; FSPI, AGRA, API, DTI, STN, Petani Mandiri, SPP, AMAN dan NGO seperti WALHI, PBHI, HuMa, Pergerakan, Bina Desa, Pokja PA-PSDA, set a meeting with the Head of BPN – Joyo Winoto on Tuesday, 17th of October 2006.
Activists split with Indonesia’s government over whether land registration helps the rural poor
In a speech on 31 January 2007 President Susilo Bambang Yudhoyono said that agrarian reform would be a priority for his government. Since that time, Indonesia’s National Land Agency (BPN, Badan Pertanahan Nasional) has dramatically increased the rate at which it registers land title. But land rights activists are sharply critical of the government’s policy. Despite, the increase in registrations, we think the BPN has set aside its original agrarian reform goal of redistributing land to the poor. This is a goal that is mandated by Indonesia’s 1960 Basic Agrarian Law, as well as the 2001 legislative Decree No 9, on Agrarian Reform and Natural Resource Management. Providing individual land titles does not necessarily help the poor; in fact it can make the livelihoods of struggling rural people and communities even more precarious.
Accelerated land title registration
Under the leadership of Dr. Joyo Winoto, BPN has pursued a process of ‘legalising’ land assets through accelerating the certification of land titles at an astonishing rate. The volume of government sponsored land ‘legalisation’ has risen sharply. In 2004, before Joyo was appointed,, the BPN issued full legal title for only 269,902 land holdings. By 2008 the total had reached 2,172,507 – an increase of over 800 per cent. Adding cases for which individuals, groups, and businesses paid their own processing fees brings the total to 4,627,039 property titles certified.
Since 2004, BPN has used a 500 per cent budget increase to update its institutional procedures. It runs several schemes that aim to certify land titles, including two supported by World Bank loans: LMPDP (Land Management and Program Development Project) and RALAS (Reconstruction of Aceh Land Administration System). BPN has established a mobile Land Certification Service to extend its reach to some 60 per cent of Indonesia’s land area, sending officers to remote areas, and improving data processing and telecommunications.
Century-old conflicts persist in the vast tracts of Indonesia that are designated as state forest
Citorek Kasepuhan is a adat (customary) community in Lebak district, Banten, some 200 kilometres from Jakarta. Community members consider the 7400 hectares of land they live on to be theirs, adat land by right. But the Ministry of Forestry regards a large part of that area as state forest, because it is located within the boundaries of Mount Halimun-Salak National Park. The area has been contested since the early 1900s, when the Dutch colonial government gazetted two-thirds of Kasepuhan’s adat land as state forest, and designated the other third as enclaves of private land for the community within the park.
Today, the Citorek Kasepuhan adat community still has little land tenure security. For their livelihood, most community members conduct farming, fishery and forestry activities on lands that are formally state forest areas. Some fear losing these lands; others face intimidation and legal judgments on charges of illegal logging. Some village residents would like to make substantial investments in land improvements, but refrain because they lack the necessary tenure security.
As well as forestry, fishery and farming, some Kasepuhan community members secretively engage in gold and lead mining, an activity which is not regulated in their own adat, but considered illegal under state law. The officers of the National Park have an ambiguous attitude toward the Citorek Kasepuhan community, sometimes trying to restrict their activities, at other times recognising their customary rights. This ambiguity makes it difficult for the park managers to draw up park management plans. The legal status and future of activities in this national park are full of uncertainty for all stakeholders.
Based on the findings from Fact Searching Team on a Case of Clash between PT Sumatera Sylva Lestari (Timber Supplier of PT Rapp/April Group) with the local community of Bangun Purba,Rokan Hulu district, Riau Province, Indonesia
A clash occurred between PT SSL and the local community of Bangun Purba on 28th May 2009, had caused the death of 3 people from the local community and dozen of them were injured. This incident indicated actions against the law in the process of land conflict in Bangun Purba village, Riau.
KPA regretted the ambush conducted by people on behalf of PT SSL, and this showed that PT SSL have no sensitivity of law and do not obey legal process existed. Moreover, PTT SSI is one of exporters that is also the member of April Group. Such action may increase the company’s risk of bad reputation internationally.
So KPA states our position:
1.Condemns the use of violence and acts of disrespecting laws by the company in addressing land conflict. In the future, more elegant ways should be used that appreciate people’s dignity and human value.
2.Condemns the slow pace of police officers’ actions in addressing the conflict, this means that the professionalism of Police Officers for people’s services and security is under a big question.
3.Encourages the Chief of National Police Institution to examine the case as well as police officers indicated to break the police’s ethics.
4.Claims police party to deliver any information related to the development of the case to public.
5.Request the Government to review all of business actors who are using violence in their operations in this country.
