INDEPENDENT FOREST MONITORING NETWORK
NEWSLETTER July 2015
COMPLAINT ON HUMAN RIGHTS I N C I D E N T A N D I N D I C AT I O N BY P T W I R A K A R YA S A K T I by : Nike Arya Sari
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uman rights incident and indication committed by PT Wirakarya Sakti (PT WKS)’s forest security on 27 February 2015 has claimed a victim. Indra (the victim) was beaten/tormented by the forest s e c u r i t y o f f i ce rs w h o w e re guarding Pos Kembar 803. After being murdered, Indra’s body was dumped several kilometers away from the PT WKS District 8 Camp with some marks of violence all across his body.
As the holder of Timber Forest Product Management Business Permit (IUPHHK) and having acquired their Sustainable Production Forest Management (PHPL) Certificate, and Timber Legality Assurance System (SVLK) license holder, PT WKS has violated PHPL Standards governed in the Director General Regulation (Perdirjen) Number 8 of 2011. The standard violated herein is the I n d i c a t o r 3 . 2 o n Fo r e s t
Protection and Security, Verifier 3.2.3 on Forest Protection Human Resources, and Verifier 3.2.4 on Implementation of forest disturbance protection (preemptive/preventive/ repressive). JPIK as an independent monitoring which plays role in the SVLK implementation monitoring has filed complaint for the human rights violation incident and indication committed by and to PT WKS, as
well as to PT TUV Rheinland Indonesia as the granter of the certificate. The incident and violation that has claimed victim has forced JPIK to appeal to PT TUV Rheinland Indonesia to conduct special audit and liquidate or revoke the certificate. The report submitted by JPIK to PT TUV Rheinland Indonesia was responded by forming the Complaint Settlement Ad-Hoc Te a m . J P I K w a s i n vo l ve d i n approving the team. After more than 20 working days since the Complaint Settlement Ad-Hoc Team conducted verification to PT WKS, PT TUV Rheinland Indonesia only submitted conclusion and recommendation of the team. JPIK found that PT TUV Rheinland Indonesia has not been adequately informative on the violation case.
settlement shall be submitted in writing to the complainer within at the latest 20 calendar days. Appendix 5 also includes the obligation for LP-PHPL or LV L K t o s u b m i t w r i t t e n response to complainer based on report by the Complaint Settlement Ad-Hoc Team.
PT TUV Rheinland Indonesia’s complaint settlement performance obviously contradicts the Perdirjen P.14 of 2014, upon which JPIK filed complain to the National Accreditation Committee (KAN). KAN responded that PT TUV would provide report after conducting field verification to PT WKS over such event. However, 30 days after the field verification, JPIK has not received any report on the human rights violation incident Such a conduct contradicts the and indication. Perdirjen P.14 of 2014 in Appendix 5 on Guidance for Complaint and JPIK hopes to see concrete Appeal Mechanism and Settlement action and fair sanction to the in PHPL and VLK Performance perpetrator of the human Assessment. In Appendix 5 it is rights violation incident and specified that complaint or appeal indication in PT WKS forest
security implementation. The complaint filing and settlement conducted by JPIK is expected to serve as lesson-learnt for the Certification Institution so as to improve its complaint settlement mechanism and make it more expedient and firm in the future. JPIK also expects KAN to provide written information on the complaint handling in KAN system which is accessible to public.
Ministry of Environment & Forestry (KLHK) Closes Information from Independent Monitoring by : Nike Arya Sari
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ublic's right to access/obtain data and information is clearly governed in Law Number 14 of 2008 on Freedom of Public Information Disclosure. Indonesian Government has also ratified (in Presidential Regulation Number 21 of 2014) the international cooperation agreement with the European Union (VPA) in timber trade. The agreement specifically fully supports transparency in forest management. Forest Watch Indonesia (FWI) on behalf of Jaringan Pemantau Independen Kehutanan (Independent Forest Monitoring Network/JPIK) has submitted data and information request to
the Central Information Commission (KIP). KLHK acts as the institution that possesses the requested information. Out of the 9 requested information, only 5 were given. The data requested by FWI that was not given by information holder are very critical for JPIK to conduct monitoring on the SVLK implementation as supporting information. Thus, FWI filed an appeal to t h e K I P fo r t h e d a t a inaccessible to public. The data that cannot be obtained are, respectively, RPBBI (Plan for Industry Raw Material), RKU (Mid-Term Working Plan), RKT (Annual
Working Plan), and IPK (Timber Use Permit), despite the fact that all those data should have been accessible to public, as specified in A n n ex I X o f Vo l u n ta r y Partnership Agreement (VPA). Knowing the importance of acquiring such data for independent watcher, FWI filed an appeal to the KIP. Eight proceedings have been attended, including by expert witnesses. During the recital of KIP's ruling on 8 May 2015, KIP has decided to accept the data and information request by FWI. The euphoria of such victory didn't last long, however, since KLHK later on filed an appeal to the Administration Court (PTUN), which was a very disappointing decision. By such a decision, independent monitoring whose existence has been governed in SVLK to monitor SVLK implementation are actually being hampered in undertaking their tasks.
SVLK Implementation Assessment for FLEGT License by : Nike Arya Sari
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ooperation Agreement between the Republic of Indonesia and the European Union (EU) in Law Enforcement, Governance, and Forestry Sector Trade (Voluntary Partnership A g re e m e n t o n Fo re s t L a w Enforcement Governance and Trade/FLEGT-VPA) aims at stopping illegal timber trade and ensures that only timber and timber product which legality has been verified may be imported by EU from Indonesia. The Timber Legality Verification System (SVLK) is a system to guarantee Indonesian timber legality, which implementation is in accordance with FLEGT principles. Once FLEGT-VPA runs completely and FLEGT license is issued, Indonesian timber product will be declared as having met the requirements from EU Timber Regulation (EUTR).
After the SVLK is fully implemented through the Minister of Forest Regulation (Permenhut) Number 95/2015 and Director General Regulation (Perdirjen) Number 14/2014, assessment should be done to look at the progress of SVLK implementation in Indonesia, in accordance with Annex VIII VPA. The assessment shall serve as consideration for FLEGT Licens e Implementation Decision, which is planned to be implemented this year (2015). Assessment will include visits to several sites representing Indonesia in SVLK implementation, including Central Kalimantan, Central Java, East Java, West Papua, and Riau. The assessment is
conducted by Joint Working G r o u p ( J W G ) Te a m w h i c h monitors the SVLK progress. In Central Kalimantan, JPIK of Central Kalimantan acts as the host in SVLK implementation assessment. JWG Team with FP JPIK of Central Java visits PBS palm oil forest conversion of PT Kahayan Agro Plantation located in Gunung Mas District. In addition, there will also be visits to coal mining forest conversion area and IPPKH timber use by PT Asmin Baronang located in Kapuas District.
Expanding Monitoring Area by : Zainuri Hasyim
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he Independent Forest Monitoring Network (JPIK) finds it necessary to initiate monitoring in new areas as an effort to expand its monitoring area on SVLK implementation. North Maluku and North Kalimantan have been selected due to the high rate of timber production and illegal logging case potentials therein, as well as small islands security from deforestation threat-concern. For instance, North Maluku is currently undergoing deforestation of 25,628 hectares/year, while the HPH (Natural Forest Management Permit) covers 540,254 hectares, HTI (Industrial Plantation Forest) 77,507 hectares, and mining 1,128,631 hectares. As much as 99% of North Maluku are composed of small islands with remaining natural forest coverage of 1,670,682 hectares in 2013. JPIK consolidation in North Maluku took place in the end of March 2015 and in North Kalimantan in early April 2015. The consolidation discussed about ongoing forest condition and matters relating to Indonesia Timber Legality Certification (SVLK). In both locations, agreement on the need for monitoring timber circulation through SVLK scheme was produced. The activity was also agreed as a capacity strengthening effort in conducting SVLK monitoring activity, as well as to support/synergize small islands saving campaign.
Log Monitoring on the use of V-Legal Mark by : M. Kosar
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o en force the implementation of Minister o f Fo re s t r y Re g u l a t i o n (Permenhut) 95/2014 which o b l i g e s a l l fo re s t r y p r i m a r y industries to use certified natural forest log raw material, and Directorate General of Forest P ro d u c t C i rc u l a t i o n C o n t ro l Hall(BPHH) Regulation (P.14.VIBPPHH/2014) which requires the VLegal Marking on timber or timber product or valid transport document/document attachment or Conformity Declaration (Deklarasi Kesesuaian Pemasok/DKP), JPIK conducted monitoring to prove the regulation’s real implementation by conducting direct on-field monitoring on the circulation of log raw material in the Province of Riau, Banten, Central Java, East Java, Central Kalimantan, and South Sulawesi.
The monitoring in the 6 (six) provinces were conducted in March 2015 to 22 companies using log. Only one company from Central Kalimantan was compliant, although not all of its timbers or timber products had V-Legal mark. The rest 21 companies were declared as not performing due to their absence in using the V-Legal Mark. The companies’ incompliance in using V-Legal Mark makes it difficult to distinguish legal and illegal timber and timber products, which may cause the increasing amount of timber circulation of unclear origin. Based on the above fact, the government shall take immediate strategic steps to
supervise the compliance of all SVLK certificate holder companies. Furthermore, the government has to enforce firm sanction to companies not undertaking their obligation and that are proven of committing violation. This is important to ensure SVLK credibility and prove Indonesia’s readiness for full VPA implementation with the EU, which is supposedly conducted by the end of 2015.
Freezing Certificate of LP PHPL and L VLK List No 1 2 3 4 5
Auditee
Location
PT Duren Mandiri Fortuna PT Mitra Awet Sejahtera PT Kilang Papan Hasil PT Indonaldini Group PT Asmon Karya Utama
Certification Body
Acreditation Number
Freezing Period
Jambi
PT BRIK
LVLK-001-IDN
16 Mar - 15 Jun 2015
Jawa Tengah
PT BRIK
LVLK-001-IDN
31 Mar - 30 Jun 2015
Sumatera Utara Jawa Tengah
PT BRIK PT BRIK
LVLK-001-IDN LVLK-001-IDN
2 Mar - 1 Jun 2015 24 Apr - 23 Jul 2015
Jawa Timur
PT Sucofindo
LVLK-002-IDN
13 Feb - 12 Mei 2015
6
PT Belgajaya Perkasa
Jawa Barat
PT Sucofindo
LVLK -002-IDN
7 8 9 10
Bali Bali Jawa Timur Jawa Tengah
PT Sucofindo PT Sucofindo PT Sucofindo PT Sucofindo
LVLK-002-IDN LVLK-002-IDN LVLK-002-IDN LVLK-002-IDN
Jawa Tengah
PT Sucofindo
LVLK-002-IDN
12 13
CV Kamibali PT Kayugaya PT Redtroindo CV Rimba Sentosa PT Wijaya Agung Lestari PT Yorimasa Company APHR Wonosobo
Jawa Timur Jawa Tengah
LVLK-002-IDN LVLK-002-IDN
14
Apikri
Yogyakarta
LVLK -003-IDN
2 Apr - 1 Jul 2015
15
PT Erlangga Bina Niaga Harmonia
Jawa Barat
LVLK-003-IDN
9 Des 2014 - 8 Mar 2015
16
PT Mebel Jati Jepara
Jawa Tengah
LVLK-003-IDN
2 Apr - 1 Jul 2015
17
CV Tita International
Jawa Tengah
PT Sucofindo PT Sucofindo PT Mutuagung Lestari PT Mutuagung Lestari PT Mutuagung Lestari PT Mutuagung Lestari
31 Dec 2014 - 30 Mar 2015 17 Mar - 16 Jun 2015 11 Apr - 10 Jul 2015 10 Apr - 9 Jul 2015 12 Feb - 11 Mei 2015 22 Des 2014 - 21 Mar 2015 14 April - 13 Jul 2015 10 Okt 2014 - 9 Jan 2015
LVLK-003-IDN
2 Apr - 1 Jul 2015
11
List of Auditee do not pass Certification No Auditee 1 PT Abadi Indorona 2 PT Funisia Perkasa CV Maju Mapan 3 Bersama 4
UD Kahayan Raya
5
CV Vina Rizki Lestari
Location Banten Banten
Certificatio Body PT BRIK PT BRIK
Certification Number LVLK-001-IDN LVLK-001-IDN
Jawa Timur
PT BRIK
LVLK-001-IDN
Kalimantan Tengah Kalimantan Timur
PT Mutuagung Lestari PT Trustindo Prima Karya
LVLK-003-IDN LVLK-010-IDN
LP PHPL dan L VLK Certificate Revocation No
Auditee
1 2
PT Hastra Pasifik Papua CV Ndet PT Bahtera Sumber Sejahtera PT Sung Sun Satria PT Kreasi Alam Indonesia PT Parindo Permai PT Marcelindo Jaya Pratama
3 4 5 6 7 8 9 10 11
PT Daya Tani Kalbar PT Riau Abadi Lestari PT SPA KTH Sinar Merawang PT Essam Timber
Location
Certificate Number
Certification Body
Announcement Date 09-Apr-14 01-Apr-15
Papua Barat Jawa Tengah
PT BRIK PT BRIK
LVLK-001-IDN LVLK-001-IDN
Jawa Tengah Jawa Timur
PT BRIK PT BRIK
LVLK-001-IDN LVLK-001-IDN
24-Mar-15 31-Mar-15
Jawa Timur Lampung
PT BRIK PT BRIK
LVLK-001-IDN LVLK-001-IDN
28-Jan-15 28-Jan-15
Jawa Tengah Kalimantan Barat Riau
PT Equality Indonesia
LVLK-006-IDN
29-Apr-15
PT Ayamaru Sertifikasi PT Ayamaru Sertifikasi
LVLK-011-IDN LVLK-011-IDN
06-Apr-15 06-Apr-15
Riau Kalimantan Timur
PT Ayamaru Sertifikasi
LVLK-011-IDN LPPHPL-001IDN
06-Apr-15
PT Ayamaru Sertifikasi
Independent Forest Monitoring Network (JPIK) Jl. Sempur Kaler No 62 Bogor INDONESIA Telp. 0251 8333308 Faks. 0251 8317926 Email: jpikmail@gmail.com www.jpik.or.id
12-Mar-15