Commodities

Papuan Tribe and Palm Oil Companies Clash Over Land Rights in Indonesian Supreme Court, Reports Reuters

By Kate Lamb and Bernadette Christina

JAKARTA – In a secluded area of Papua, Indonesia, the Awyu tribe is anxiously awaiting a Supreme Court decision that could lead to the clearing of thousands of hectares of rainforest for a large palm oil concession, threatening their ancestral graves.

“Birds of paradise, cassowaries… sacred places, and the paths of our ancestors are there,” stated Awyu member Hendrikus ‘Franky’ Woro. “If the graves of our ancestors are removed, we will be committing a sin against them.”

The court is considering three cases that will affect nearly 115,000 hectares of forest, forming part of the largest collective palm oil bloc in Indonesia, which is the world’s leading exporter of this commodity. The 270,000-hectare area in Boven Digoel is divided into seven concessions, three of which are the subject of legal disputes.

The ruling, expected later this month, is significant as it could set a crucial precedent in a nation that has promised to protect its $30 billion palm oil industry while tackling issues of governance, deforestation, and human rights abuses.

“This is the first case where a clear connection between indigenous rights and climate impact is being presented,” remarked Difa Shafira from the Indonesian Center for Environmental Law. The implications of land clearing could result in the emission of approximately 23 million tonnes of harmful carbon dioxide.

Franky, representing the Woro clan, which asserts customary ownership of the land, is opposing the concession granted to PT Indo Asiana Lestari (IAL) over 36,000 hectares, an area larger than half of Jakarta. A lower court’s decision on this case was rejected, and it now lies with the Supreme Court.

IAL stated that it has secured all necessary permits and agreements from 12 indigenous clans in the region, claiming that the Woro clan does not represent the interests of clans supporting the company.

In addition to the IAL case, other Awyu members are also seeking to annul permits granted to two other palm oil companies, PT Kartika Cipta Pratama and PT Megakarya Jaya Raya, involved within the same bloc. The legal representatives of these companies contend that they obtained their permits lawfully.

While no specific date has been provided for the verdict, the court is anticipated to rule on all cases simultaneously.

Home to a third of the world’s rainforests, Indonesia implemented a moratorium on forest clearances for palm oil and logging in 2011. Though this policy has been extended, illegal clearing persists due to ineffective oversight and inconsistent regulations.

Palm oil, which is used in an array of products from food to cosmetics, is the world’s most prevalent vegetable oil, with around 60% coming from Indonesia. The detrimental connection between palm oil production and deforestation has been a key factor behind recent European Union regulations that ban products linked to such environmental damage.

The disputed forest area was categorized as “other use” by the environment ministry in 2012, allowing for palm oil cultivation. However, recent statements from the environment minister indicated a shift in policy, emphasizing that primary forests cannot be cleared and are being reclassified as customary forests for indigenous communities.

Carrying a symbolic piece of land with him, Franky asserts that the impending decision will shape the future of his tribe. “We can live without mining, without palm oil,” he expressed, “But if we don’t have customary forests, we can’t live.”

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