PT SAWIT MANDIRI LESTARI/ PT SAWIT SUMBERMAS SARANA. Meeting with EIA & JPIK Jakarta, 23 June PM Jakarta time

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1 PT SAWIT MANDIRI LESTARI/ PT SAWIT SUMBERMAS SARANA Meeting with EIA & JPIK Jakarta, 23 June PM Jakarta time

2 ATTENDEES Complainants Tomasz Johnson (EIA) Skype Mardi Minangsari (EIA) Skype Wancino (JPIK Central Kalimantan) Jenito (JPIK Central Kalimantan) Nike (JPIK Jakarta) RSPO Amalia Falah Alam Oi Soo Chin - Skype Fina Sugriani

3 POINTS OF THE COMPLAINTS 1. Consultations with communities did not take place as described in NPP documents and affected communities did not participate in the HCV assessment and SEIA difference on the facts written on the HCVA & SEIA report with the ground checking by Complainant s 2. HCV assessment is technically flawed; 3. No FPIC process in place; 4. the AMDAL process was not carried out in accordance to the law; 5. PT SMP has not yet obtained permits that are a prerequisite to land clearing.

4 1. DIFFERENCE ON THE FACTS WRITTEN ON THE HCVA & SEIA REPORT WITH THE GROUND CHECKING BY COMPLAINANT S (1) Place HCVA & SEIA report Ground checking by the Complainants Cuhai Village Interview 3 villagers (1 May 2014) Head of Village said there is no FGD with 26 villagers (5 Sept 2014) meeting in April-May 2015 (verified by official book recording visitors to the village). There was a meeting in Sept 2014 by PT SML. Ginih Village Interview 7 villagers (3 May 2014) Head of Village, Village Secretary & Customary Leader (mantir adat) said there is no interview. Socialization by PT SML (24 Sept 2014) Head of Village, Village Secretary & Customary Leader (mantir adat) said the meeting was in March 2014.

5 1. DIFFERENCE ON THE FACTS WRITTEN ON THE HCVA & SEIA REPORT WITH THE GROUND CHECKING BY COMPLAINANT S (2) Place HCVA & SEIA report Ground checking by the Complainants Kinipan Village Socialization with 2 villagers (4 May 2014) Socialization by PT SML (24 Sept 2014) Village Secretary said there is no such socialization. Village Secretary said it was in July 2014 to discuss plasma scheme. Summary of the complaint at this point: - The involvement of villagers in HCVA & SEIA is doubtful -> not participatory. - The process of HCV & SEIA is far from acceptable threshold. - HCV is not well identified.

6 2. HCV ASSESSMENT IS TECHNICALLY FLAWED EIA REQUEST Stop work order RSPO to investigate on the process of HCV assessment. If the evidence provided by EIA is accepted, means that the HCV assessment, including SEIA and FPIC assessments must be re-do. EIA agreed with the importance of the peer-review exercise which involve field verification to investigate the complaints/allegations. The statement of 18% of the concession has been identified as HCV from the total area of hectares must be clarified by the company and the assessor, including the statement an incline in excess of 40% or 4.567,46 ha while another statement said the mountain area is 2.837,26 ha. The HCV management and monitoring must be well developed, with the reason that there are RTE species e.g orangutan.

7 TOTAL AREA OF THE CONCESSION (NEED TO BE VERIFIED BY THE COMPANY) Ijin Lokasi ,46 ha IUP ,49 ha SK Pelepasan Kawasan Hutan ,59 ha ,19 ha (HCV must be identified within this area) 2054,40 ha (HCV is no need to be identified, since this is villages)

8 3. NO FPIC PROCESS IN PLACE; 4. THE AMDAL PROCESS WAS NOT CARRIED OUT IN ACCORDANCE TO THE LAW; 5. PT SMP HAS NOT YET OBTAINED PERMITS THAT ARE A PREREQUISITE TO LAND CLEARING - EIA REQUEST Company to carry out land tenure study. To assure the participation of the villagers and threshold on the process of HCV assessment and SEIA. RSPO to investigate if process of AMDAL have conducted properly according to the law. RSPO to make sure that PT SML holds the permits, at the minimum, Surat Izin Pelepasan Kawasan Hutan and Izin Pemanfaatan Kayu (IPK).

9 RSPO SECRETARIAT VIEWS The allegations to PT Sonokeling is a serious issue. RSPO will meet the assessor shortly. RSPO currently is in the process of reviewing the work conducted by HCV assessors and Certification Body. Stop work order is a mandate of Complaints Panel. RSPO need to hear the clarification from the company before Complaints Panel make decision, particularly on whether RSPO has not given the company to start work after NPP notification period, due to informal complaints received (Hak Pelepasan Hutan). During that time, the company should not have started any land clearing. The investigation can be done by doing HCV peer review and field work. The reviewer can be asked to check AMDAL. Secretariat ask the complainant to follow the complaints system/ procedures. HGU is not mandatory in the RSPO policy yet.

10 UPDATE FROM JPIK In Village Suja, the villagers interdict the excavators to do land clearing. In Village Kinipan, the villagers is conducting participatory mapping to identify the customary areas. In Village Ginih, PT SML had made demarcation (boarder of plantation) by signing it with paint and footpat without consent from the villagers.

11 UPDATE FROM RSPO SECRETARIAT Currently we are waiting clarifications from the company, the deadline is 26 June The company has submitted the SK Pelepasan Kawasan Hutan from the Minister of Environment and Forestry, No. 1/1/PKH/PMDN/2015 issued on March 19, 2015). The amendment of the NPP can be seen on this link

12 NEXT STEPS After receiving the clarification from PT SML, RSPO Secretariat will review the documents and arrange meeting with PT SML. If evidence is adequate from both sides, RSPO Secretariat will convene the Complaints Panel on the upcoming meeting on 29 July RSPO will arrange stakeholders meeting.