|Member||Golden Agri-Resources Ltd (GAR) / PT Kartika Prima Cipta|
|Date Filed||13 October 2014|
|Category||Oil Palm Growers|
Forest People Programme and TUK
Golden Agri-Resources Ltd’s subsidiary PT Kartika Prima Cipta is alleged to have the breached the RSPO Principles and Criteria on :
i.Free Prior Informed Consent
ii. Failure to do a proper HCV assessment prior to development.
iii.non-compliance with national laws of Indonesia.
|Status||Box E - Reviewing Response|
GAR”s subsidiary PT Kartika Prima Cipta (KPC) is alleged to have acquired land from local Dayak and Malay communities without Free Prior Informed Consent.
That PT KPC has not done a HCV study prior to developing the land.
GAR had been taking over community lands without first doing land tenure studies, without participatory mapping and without providing adequate information to the communities about the implications of land surrenders.
PT KPC has been going about setting aside land for HCV areas has resulted in a reduction in the land holding of the communities.Eighteen of GAR subsidiaries are operating without the appropriate Hak Guna Usaha in breach of the legal requirements to operate an oil palm plantation in Indonesia.
Points raised :
1. PT KPC is in persistent violation of the RSPO P&C pertaining HCV assessment, the recognition of customary land right and free, prior, and informed consent (FPIC). lack of FPIC of the local Dayak and Malay people in the process of acquiring land.
2. Land take over was done without land tenure study and participatory mapping.
3. LHCV assessments were done late and final consultation was on May 2014.
4. Dissatisfaction among smallholders and resentment because of reduced plot size after being set aside for HCV rather than being included in the plasma scheme (20%).
5. Set aside land as HCS area that made no provision for customary land uses and tenure and local people's livelihood.
6. GAR as the parent company of all 18 subsidiaries listed, is acting in violation of the New Planting Procedure (NPP) by submitting information which it knows is false. No HGU in sixteen (16) of the eighteen (18) concessions where NPP was submitted.
7. The assessors who endorsed GAR’s HCV assessment, ESIAs and social engagement actions, are in violation of their responsibility to provide impartial assessment of the company's compliance with RSPO Principles & Criteria.
GAR has requested to withdraw all its New Planting Procedure submissions but the Secretariat has decided that they shall remain on the RSPO website pending the resolution of the complaint.
8 November 2014
RSPO had conference call meeting with GAR.
9 December 2014
RSPO requested GAR :
- To provide Action Plan with timeline that addresses the issues raised in the FPP complaint by 16 December 2014. The deadline had been revised into18 December 2014.
- To advice RSPO the date that land preparation has been halted in all PTs with new planting.
13 January 2015
RSPO Secretariat met GAR and encouraged them to seek resolutions via bilateral negotiations. They have agreed on the course of action and will update RSPO by early February 2015.
6 February 2015
Formal letter has sent to FPP on clarification of complaint.
9 February 2015
FPP reply on clarification of complaint.
4 March 2015
RSPO Secretariat sent a letter to GAR on Complaints Panel's preliminary decision and request GAR to response on 15 March 2015.
11 March 2015
GAR sent a letter to request an extension for additional ten days to respond RSPO letter.
25 March 2015
GAR sent a letter to respond RSPO letter dated 4 March 2015
1 April 2015
On 31 March 2015 FPP has sent letter to respond GAR's letter
6 May 2015
RSPO has sent a letter to GAR on Complaints Panel's preliminary decision.
29 May 2015
GAR sent a letter to respond RSPO Complaints Panel's preliminary decision, listing out their actions taken to address the complaints.
19 June 2015
FPP responded to the GAR letter, listing out the non-compliances and asking the RSPO to make a decision.
24 August 2015
RSPO has sent letter to GAR on Complaints Panel decision
15 April 2016
GAR has sent their progress report
26 May 2016
GAR sent their progress update.
28 June 2016
GAR sends it second quarterly progress report
5 November 2016
GAR has sent the letter from Plasma Cooperative dated 26 October 2016.
16 November 2016
FPP has sent letters and document related concerning claims from the community members of Nanga Suhaid (Abdul Rasyid & 37 community members).
23 November 2016
The company has sent their response to FPP's letter, informing that the claim from Abdul Rasyid is an individual complaint. The dispute/claims are being processed by the company's internal grievance procedure.
12 January 2017
Secretariat to continue to monitor the communication process between parties regarding claims from the community members of Nanga Suhaid.
1 February 2017
Regarding the Nanga Suhaid case, Secretariat is waiting for further information from both parties.
21 March 2017
The company has sent their progress review. Secretariat to continue reviewing the report.
19 April 2017
The company and FPP are in a process scheduling a meeting. RSPO Secretariat to wait for updates from both parties on the meeting outcome.
31 May 2017
Secretariat continues monitoring the case.
29 June 2017
The company has sent their Progress Report. Secretariat to continue reviewing the report.
25 July 2017 (CP meeting)
Secretariat to wait for the company to provide more documents and evidence and to follow up with FPP
31 July 2017
FPP has sent their update document to the Secretariat.
24 August 2017 (CP meeting)
Secretariat has reviewed the due diligence reports and waiting for the Company to revert with their response
26 September 2017 (CP Meeting)
Secretariat to follow up with the Company.
14 October 2017
An email was sent by FPP requesting a response from the CP.
23 October 2017
Secretariat to continue monitoring the case
13 November 2017
An email was received from FPP requesting for response from the Complaints Panel, including in addressing the alleged continued violations by the Company.
14 November 2017
A letter was sent to the Company seeking further clarification on their Progress Report and their response to FPP’s letters.
|CP's Letter to Respondent||15 November 2017|
|Letter from the Complainant||31 July 2017|
|GAR Progress Report April - June 2017||7 August 2017|
|GAR Progress Report Jan - March 2017||21 March 2017|
|Letter from Koperasi Plasma||5 November 2016|
|2016-11-03-gar-response-to-fpp-letter-30-oct-2016.pdf||4 November 2016|
|letter-to-gar-and-rspo-cp-30-october-2016.pdf||31 October 2016|
|GAR complaint progress report 2016 - Sept||3 October 2016|
|GAR March Progress Report 2016||26 March 2016|
|gar-complaint-progress-report-q2-2016.pdf||28 June 2016|
|2016-05-25-gar-complaint-progress-report.pdf||26 May 2016|
|GAR Progress Report April 2016||15 April 2016|
|Letter to GAR on Complaints Panel decision||24 August 2015|
|20150529-letter-to-rspo.pdf||29 May 2015|
|Letter-6May-2015-pt-kcp-gar-final-dec.pdf||6 May 2015|
|fpp-letter-to-rspo-complaints-panel-31-march-2015.pdf||1 April 2015|
|20150325-gar-issues-comprehensive-response-to-rspo-complaints-panel-25-mar-2015.pdf||25 March 2015|
|20150325-gar-response-to-4-march-2015-rspo-cp-letter-signed.pdf||25 March 2015|
|20150311-gar-response-to-4-march-2015-rspo-cp-letter-final-1.pdf||11 March 2015|
|Letter to GAR - Complaints Panel Decision||4 March 2015|
|Response from FPP||9 February 2015|
|Letter RSPO to FPP||6 February 2015|
|FPP response to the letter from GAR||26 January 2015|
|GAR letter-to-RSPO.pdf||18 December 2014|
We will get back to you as soon as possible.