Power Negotiation: Alternative Land Dispute Resolution from the Grass-Root
The land and forest are the main resources for local indigenous communities which represent their local wisdom of social mechanism, cultural identity, and their livelihood. Persistent conflicts with the company that has threatened their rights claim to their land can be resolved through negotiating the power with the company.
About You
Section 1: About You
First Name
Laili
Last Name
Khairnur
Website
Country
Indonesia, KB
Section 2: About Your Organization
Is your initiative connected to an established organization?
Organization Name
Lembaga Gemawan
Organization Website
Organization Phone
+62561 586891
Organization Address
Jl. Batas Pandang Kompleks Kelapa Hijau No.18 Pontianak 78117
Organization Country
Indonesia, KB
How long has this organization been operating?
More than 5 years
Is your organization a
Non‐profit/NGO/citizen sector organization
Your idea
Name your project.
Power Negotiation: Alternative Land Dispute Resolution from the Grass-Root
Describe Your Idea
The land and forest are the main resources for local indigenous communities which represent their local wisdom of social mechanism, cultural identity, and their livelihood. Persistent conflicts with the company that has threatened their rights claim to their land can be resolved through negotiating the power with the company.
Country your work focuses on
Indonesia, KB
Innovation
What makes your idea unique?
It is unprecedented that a local indigenous community from a remotest place ever had had a negotiation with a giant company, in this case with Wilmar corporations, one of the largest oil palm producers in the world. In any case, the local indigenous community has always been the victim in any conflict resolution within Indonesia law system. Aware to the fact that the government have been unable to resolve the issue of land rights dispute, the issue then being brought forward to international attention through the mechanism of Roundtable Sustainable Palm Oil (RSPO) and standard of good practice of International Finance Corporation (IFC), the member of the World Bank. Because of the IFC-WB and Wilmar Group are the member of the RSPO, they are obliged to comply with the practice of Free, Prior and Informed Consent (FPIC) in the light of the case of tenurial case of indigenous community in their respective investments. The method is excelled because the process has involved local government and NGO at local, national and international level, and has led to changes of policy within one of the biggest international monetary agency, the IFC. The process, likewise, rooted in the spirit to resolve the conflict, respecting the right of the indigenous groups and avoiding greater impact.
The case then had become worldwide international stakeholders attention and to the fact that inevitably that the World Bank admitted their misplaced investment strategy. Following this negotiation, the World Bank had issued moratorium in investment in plantation. To date, the World Bank still imposes the moratorium whilst consulting globally to design investment strategy in plantation. The experience of these advocacy, networking and negotiation pioneered by Gemawan and the local indigenous community has been used and adopted by other local and indigenous communities in Indonesia who are conflicting with plantation companies which are granted their investment from the IFC.
Do you have a patent for this idea?
Impact
This Entry is about (Issues)
Tell us about the social impact of your innovation. Please include both numbers and stories as evidence of this impact
The impact of the innovation has led to remarkably unprecedented social change that is no local communities ever have agreement with such a big plantation company like Wilmar and succeeded to reach successful agreement. This negotiation is the first in the last two years since 2006 of land rights dispute in South East Asia. Wilmar has the plantation around the world in mainly in Indonesia, Malaysia and Uganda with 570,000 ha and being the biggest producer of palm-oil in the world. Since 2007, the local community worked through a series of negotiation with Wilmar Group and reached agrrement in 2010. The restless negotiation has resulted that company are obliged to give back the land and give some compensation to Sajingan Kecil community. This incident also has caused major changes to the practice of investment and company practices in the ground to comply with practice and policy outlined in the Free, Prior and Informed Consent (FPIC). The global impact has seen the raise of local community voices in negotiating civil society power with market-driven policies. Consequently, when a company wants to invest in oil palm plantation, the company has to respect the community rights. This has also led to global-wide pressure, for example, Unilever now requisites Indonesian oil-palm producers to comply with good-company practice and respecting human righs issues, in particular land rights, livelihood and Free, Prior, Informed Consent. On the grass-root level, the community has now well organized and aware of how to fight for their right, to build network among other communities and share their experiences. The case of Sajingan Kecil community has been adopted by other local communities in Indonesia in order to tackle the same problems and negotiate the power through negotiation with the company.
Problem
Although industry proponents try to counter the decline of the palm oil industry’s image in the marketplace, there is an ongoing worldwide debate on the sustainability of oil palm expansion. In a joint report, published by Gemawan, Milieudefensie and Kontak Rakyat Borneo published in Amsterdam in in July 2007, three Wilmar plantations in Sambas District West Kalimantan had been found to be involved in land right conflicts, working without approved environmental impact assessments, lacking due consultation with local communities and being involved in deforestation and forest fires. This report had presented a complete review of the environmental, social and legal policies and actual practices of the three oil palm plantation companies related to the Wilmar Group, a member of RSPO. Based on the report, the international collaboration had exposed the findings to the related parties of palm oil production chains, the buyers and the financers. Concerning grievances of affected communities in Sambas, several high level processes, such as the IFC CAO process, the RSPO complaints procedure and Wilmar's CSR policy had been have started and presently offered the affected communities.
Actions
After having caused a major stir at the international level that sensitized the largest palm oil company in the world - Wilmar International - local communities and local NGOs, such as Gemawan, find it hard to efficiently deal with the opportunities that have now arisen: the achieved result was not expected (so quickly) and the result offers many more opportunities that presently can be accommodated by the affected community. In particular, there is insufficient capacity to regularly facilitate and support the affected local communities to exchange knowledge, information, lessons learned and formulate common positions and inputs into the negotiation processes. If the opportunities presently offered are not capitalized on, there is a significant chance that communities will fall back into sub-optimal options, such as accepting cash compensation for land lost to the company, adoption of oil palm smallholding schemes that are not likely to benefit them and to become internally divided. Being aware at the very process, Gemawan had set up team of facilitator to assist the affected local communities to exchange experiences, information, views, visions and solution.
Results
Scheme of conflict resolution as the result of the negotiation is aimed at to enhance local communities’ livelihood and economic improvement. From the land which the local community has successfully claimed, 403 ha will be allocated for community’s own plantation for 230 of household in the areas with each of the family manage to 1,75 ha. The local communities will earn IDR 4,375,000 which will improve their income very drastically. The communities then are able to fulfill their basic rights in education and health.
The next three years to come the strategic planning of Gemawan has also accommodated the effort of local community of Sajingan Kecil and other groups in area where Gemawan has been working with to design economic development through Credit Union, Micro Entrepreneur and Community Education. The effort is in synergy of advocacy and networking of Gemawan in national, regional and international level. These will be achieved sustainably in the phase of preparation in Year 1 (2010) though Year 3 (2013).
How many people will your project serve annually?
1001‐10,000
What is the average monthly household income in your target community, in US Dollars?
$50 - 100
Does your project seek to have an impact on public policy?
Yes
If so, how?
At international level, there has been also significant to investment policy in oil palm plantation by the World Bank. The World Bank has postponed all of investment in oil palm plantation at the moment, and launched moratorium. The moratorium guarantees the improvement in credit mechanism, system and performance standard of International Finance Corporation. The local government of Sambas District has inevitably being more aware to issue a permit in any oil palm plantation to respond and avoid conflict. Head of District letter number 500/408/SDA/2010 dated 2 September 2010 ordered that all company to settle all dispute with local communities and meanwhile to stop all the activities. Meanwhile the local house representative and district police of Sambas have urged the local government to evaluate the permit issued to oil palm plantation companies because the companies tend to raise conflict.
Sustainability
What stage is your project in?
Operating for 1‐5 years
Does your organization have a board of directors or an advisory board?
Yes
Does your organization have any non monetary partnerships with NGOs?
Yes
Does your organization have any non monetary partnerships with businesses?
Does your organization have any non monetary partnerships with government?
Yes
Please tell us more about how partnerships could be critical to the success of your innovation.
We find that that multi stakeholder involvement in the land rights disputed as well as in the process of the negotiation have excelled and have been networked properly. Each stakeholder played its role respectively, attached to a system that the processes take its course from local, national and international level. In the process of the negotiation, for example, Gemawan has involved as part of the party who negotiated, whilst local and international NGO have participated as the observers. In the process of agreement and comply of complaint implementation, Gemawan, local NGO, Commission of Ombudsman (CAO) of IFC, and local government have become part of the Monitoring Team.
We would like to learn more about how your initiative is financially supported. Please explain your business plan/revenue model
The initiative has not in particular to be designed or aimed at to be funded or to burden the local indigenous community to bear the cost. Nevertheless, the initiative was fully supported by Gemawan in building the capacity of the community. The initiative also has been fully supported by Sawit Watch Association and Forest Peoples Programme (FPP). The process was fully facilitated by Commission of Ombudsman (CAO) of IFC.
The Story
What was the defining moment that led you to this innovation?
The complain of the local indigenous community of Sajingan Kecil in Sambas District, West Borneo whom Gemawan have been working for the last six years have triggered the initiation. Sajingan Kecil is a small village in the most northern part of Sambas District, West Borneo, Indonesia, inhabited by 1,110 people as reported in 2010. The Sajingan Kecil community is attached culturally to their land as as their hope and source of livelihood. They have keep the forest sustainably for generations. Gemawan then investigated the case and with Milieudefensie (Friends of The Earth, Nederlands), and Kontak Rakyat Borneo, launched a report in Amsterdam in respond to the practice of Wilmar in Sambas.
There are 1,493 ha of land in the concession granted to a subsidiary company of WIlmar Group. The local community of Sajingan Kecil has cultivated the land including forest of 327 for years whilst the company, without proper permit has cultivated the land. The community filed their complaint to Commission of Ombudsman (CAO) of International Finance Corporation (IFC), a member of the World Bank. This case, triggered by what was seen as an unfair policy and practice of the company that was not based on Free, Prior and Informed Consent (FPIC). The company should acknowledge the process of consultation before starting the cultivation as it is an obligation for their investment.
Tell us about the social innovator—the person—behind this idea.
The social innovator of the idea is basically the community who should be recognized for all their ideas on how the community should come together to encounter the marginalization who deny their rights on their land. To name a few is impossible of who should get the credit, the innovation then proposed to Gemawan and then supported by Sawit watch and Forest Peoples Programme (FPP). Gemawan then from there have become the leading organization to assist the community and build their capacity to negotiate.
How did you first hear about Changemakers?
Personal contact at Changemakers
If through another source, please provide the information.
Approximately 50 words left (400 characters).
Additional
Which (if any) of the following strategies apply to your organization or company (check as many as apply)
Policy advocacy to strengthen property rights or increase security of tenure, Legal education and awareness, Other.
Please explain how your work furthers one or many of the above strategies (if you selected “other”, please explain your strategy)
The work has been significantly contributed to the progress of our organization strategies achievement, especially policy advocacy and legal education and awareness. It has driven up the level of achievement and networking of policy advocacy of Gemawan and well accommodated in the 2010-2015 Strategic Planning.
| Attachment | Size |
|---|---|
| Aggreement_Signed.jpg | 94.64 KB |
| Initial_Meeting_Facilitated_by_CAO.JPG | 600.31 KB |
| Process_of_Negotiation.jpg | 74.62 KB |
 | 133 weeks ago Laili Khairnur updated this Competition Entry. |
| 133 weeks ago Laili Khairnur updated this Competition Entry. |
| 133 weeks ago Laili Khairnur submitted this idea. |
