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|Member||IOI - IOI Pelita Sdn Bhd|
|Date Filed||15 March 2010|
|Category||Palm Oil Processors and/or Traders|
Infringement of P&C 2.2 the right to land use disputed
IOI Group's certification process for new certifications suspended in 1/4/11. Both parties have agreed for mediation. Mediator has been engaged through the RSPO Dispute Settlement Facility. Mediation process Stage 1 began in September 2011 and is on-going.(Note: Stage 1 is about Conflict assessment and Agreement to Participate in a Mediation. This stage would map the dispute through identifying the parties who should participate in the mediation and establish a primary agenda of issues that require resolution. It would also seek the commitment of the key parties to enter into a mediation, and establish their agreement to the mediation team).
Updates of this case can be found in DSF list of disputes.
25 July 2014
1. RSPO met with IOI, JOAS, on 9 Jan to find out JOAS's willingness to help facilitate the LTK communities in finding solution to the dispute between the LTK communities and IOI.
2. JOAS agreed to facilitate and draft Terms of Reference was prepared.
3. On 12 Feb 2014, IOI sent an email to RSPO & JOAS indicating that following the Court of Appeal decision in IOI's favour, it is unwilling to comply with the FPIC principles. An extract of the letter is as follows:
As it is established that “The community has failed to get recognition of their claim to these lands in the courts” i.e. no NCR status in the 2 leases, why is it necessary to by-pass the country’s legal outcome to include NCR status of Berawan into the mediation process? Moreover, IOI-Pelita has no intention to widen the scope to include Long Jegah community into the scope of this mediation as stated in our earlier email.
As IOI-Pelita is a 70:30 joint venture and Pelita being a state agency, the direction of TOR with participatory mapping is construed as indirect recognition of NCR status over the 2 leases and Company will not be a party to the process. The FPIC process of participatory mapping is in direct conflict with the legal court’s decision of the land in this instance. Company has no intention of breaking the country’s law in compliance with FPIC.
4. Following that, on 20 Feb 2014, JOAS sent a letter to RSPO withdrawing its offer to facilitate the resolution of the conflict through DSF because of IOI's rejection of the volunatry standards of the RSPO which goes beyond national legislation. JOAS had requested that the matter be sent back to the Complaints Panel. Please see letter attached.
5. On 7 May 2014, the Complaints Panel sent a letter to IOI stating its disappointment and instructed IOI to state its stand and immediate plan of action towards the resolution of the dispute.
6. On 20 May 2014, the Complaints Panel sent a letter to IOI reminding that the suspension of IOI was lifted because of IOI's earlier commitment to resolving the LTK dispute. The CP also asked IOI to honour its commitment as an RSPO member.
7. IOI replied on 21 May 2014 stating its willingness and readiness to resolve the dispute via DSF.
8. On 18 July, Complaints Panel informed DSF that the matter is now handed over for resolution of the conflicts between the parties.
All the relevant letters are attached.
4 Feb 2013
The Dispute Settlement Facility (DSF) has been requested to step-up pre-mediation works with the parties, with a view to bringing the parties to the table by July 2013, for further mediated negotiations to resolve the conflict.
The Complaint Panel (formerly known as the Grievance Panel) have met up in November 2012 to review the status of the IOI-LTK case. The Panel recognizes the efforts and challenges faced by both parties in moving towards resolving the case.
Meanwhile, the Complaint Panel have agreed to lift the suspensions of new certifications by IOI with the exception of IOI-Pelita Plantation (Sarawak), which will not be certifiable until this dispute is being resolved.
8 Oct 2012
The hearing of the appeal by the state government has been postponed to a future date.
The scheduled LTK meeting at village level has been fixed for late October 2012.
9 Aug 2012
DSF arranged a meeting with the parties on 24 July 2012 in Miri, Sarawak.
Key decisions made at the meeting:
a. All parties (IOI, LTK and LCDA) reiterate their commitment to go for mediated process.
b. LTK will conduct a meeting at village level, on 13th of August 2012, to select their leader who will represent them in the mediation process. Both IOI and LCDA were given the option to attend the meeting.
18 August 2016
Update on the state-led mediation efforts are posted.
25 April 2017
Joint letter received from IOI and Grassroots on their agreed actions.
26 May 2017
complaints Panel's response to IOI and Grassroots' joint letter.
24 August 2017
The company to submit an action plan to RSPO Secretariat.
26 September 2017 (CP Meeting)
The company has submitted their action plan. Secretariat is in the process reviewing the action plan.
23 October 2017 (CP Meeting)
Secretariat to complete review of the action plan and Complaints Panel to draft recommendations to IOI.
21 November 2017 (CP Meeting)
Letter on action plan to be drafted.
21 December 2017 (CP Meeting)
Complaints Panel to review the Action Plan and revert with recommendations
24 January 2018 (CP Meeting)
Secretariat to proceed with a meeting with the Company and Grassroots to discuss the revision to the Action Plan.
21 February 2018
CP to grant extension until end of March for the revised timeline. CP to also respond to the queries from the Parties.
28 March 2018
Secretariat to continue following up with the Company on the action plan.
25 April 2018
CP to draft a response to the Company's plans.
15 May 2018
|Statement from RSPO / Progress Update||Published on|
|Grassroots Withdrawal Letter||22 June 2018|
|RSPO Letter to IOI and Grassroots(1)||12 June 2018|
|Grassroot's response to CP Letter||25 May 2018|
|RSPO Letter to IOI and Grassroots||15 May 2018|
|letter-to-ioi-and-grassroot_26-may-2017.pdf||26 May 2017|
|joint-letter-grassroots-ioi-to-rspo.pdf||25 April 2017|
|2016-08-18-update-ioi-ltk.pdf||18 August 2016|
|mediation-by-the-sarawak-state-government.pdf||1 January 2016|
|131015-response-to-rspo-cp-on-ltk.pdf||13 October 2015|
|response-to-rspo-letter.pdf||15 August 2015|
|RSPO's Complaints Panel letter to Dispute Settlement Facilities||18 July 2014|
|IOI's letter to RSPO's Complaints Panel||19 June 2014|
|IOI's letter to RSPO's Complaints Panel||21 May 2014|
|RSPO's Complaints Panel letter to IOI||7 May 2014|
|JOAS's reply to RSPO||20 February 2014|
|Progress Update on IOI Corporation Berhad (IOI) and the Long Teran Kanan community in Sarawak||8 May, 2012|
|RSPO Statement on The Status of The Mediation Between IOI Corporation Berhad (IOI) and The Long Teran Kanan Community In Sarawak||22 April, 2012|
|Announcement on IOI by RSPO Grievance Panel: Breach of RSPO Code of Conduct 2.3 & Certification Systems 4.2.4 (c)||7 March, 2012|
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