The forced eviction of gardens in Lelayang Hamlet to use industrial forest plantations left local residents with deep trauma.
“Every night I couldn’t sleep. Always keep thinking,” said Andorias Boeng, a 60-year-old farmer from Lelayang Hamlet. “The land has been evicted, the hut burned. There is nothing else on us.”
Andorias was one of 58 residents whose land was forcibly evicted and 9 residents of Lelayang Hamlet whose huts were burned by the mob. The dark events happened in 2021 and 2022. Eight plots of land (one parcel estimated to be equivalent to 3 hectares) of his were gone.
In fact, on that land, he grows sour eggplant, chili and palm oil as a source of economic income. Meanwhile, in the cottage there are still 6 bags of rice, as well as various gardening utensils and household furniture.
Now the land is left about 2-3 fields. However, Andorias was worried that the remaining land would be evicted again. “Gardening is restlessly, not gardening is restlessly as well. Been afraid that gardening will run out again, “he said.
Lelayang is a hamlet located in Kualan Hilir Village, Simpang Hulu District, Ketapang Regency. The distance is about 371 km from Pontianak, the capital city of West Kalimantan Province. Besides Lelayang, there are four other hamlets in the village, namely Lelayang Batu, Setontong, Meraban and Sabar Bubu.
The majority of villagers work as farmers and are part of the indigenous Dayak Kualan community. They depend on the produce of the field and various crops in the garden, such as rice, rubber, chili, onions and various types of fruits.
In Kualan Hilir, farmers still apply a number of traditions in cultivating the land. For example, gotong royong which in local terms is called pangari. Through this practice, individually owned fields are cultivated together and take place in a circular manner in each member.
They also still apply rotational cultivation, which is carried out by rotating planting areas. Cycle from one point to another, until it returns to the original point. They believe the practice will give the ecosystem a chance to recover itself.
However, in recent years, farmers have been made restless by the presence of PT Mayawana Persada. This company holds a forest utilization business license (PBPH) for industrial plantations based on SK.732/Menhut-II/2010. With an area of 136,710 hectares, the concession stretches from Ketapang Regency to North Kayong Regency, West Kalimantan.
Kualan Hilir Village is one of the areas included in the company’s concession. Herkulianus Heri, a resident of Sabar Bubu Hamlet, said that almost all of the residents’ gardens and fields in the hamlet had entered the company’s concession. His 5-hectare estate is no exception.
“These (fields) are all in the company’s concession,” he said, pointing to the residents’ fields. “Because the concession reached Gensaok (Sabar Bubu) village.”
Since he first learned of the company’s existence, the 34-year-old immediately expressed disagreement. Heri, Herculian’s nickname, did not want the land left by his parents, which was a source of economic income, to be evicted.
“My land is my lifeblood. Without water, without fields, I can’t live. I don’t want to sell that,” he said.
PT Mayawana did conduct socialization in Kualan Hilir Village, in 2010 and 2014. However, both attempts were rejected, delaying operations for several years.
In 2019, the company held another negotiation in Pontianak City, which was attended by Village Head Officials and Patih Adat Kualan Hilir (traditional leaders at the village level). After the meeting, wrote the Civil Society Coalition, PT Mayawana seemed to gain customary legitimacy to carry out its activities.
However, some people still expressed rejection and considered the results of the negotiations did not represent public opinion. “There is no openness to society. Just play blowing, as if there is no owner,” Heri said.
The non-fulfillment of community consent is considered to have violated the principle of Free, Prior and Informed Concent (FPIC) or free, pre-coercive consent (FPIC), said Ahmad Syukri, Chairman of Link-Ar Borneo.
He said that since the company conducted socialization in 2010, the local community has not given approval to hand over the land. “Suddenly their land went into concession. It violates FPIC principles,” he said.
FPIC is a principle that allows indigenous peoples or local communities to express consent to activities, programs or policies that impact their lives. Although not binding, said Syukri, this principle has become a good standard at the international level.
“For example, in the FSC (Forest Stewardship Council or certification of forest product processing), then EUDR (EU Anti-Deforestation Law), FPIC has entered the legal aspect,” he said.
The standardization, for him, was made so that companies better respect the rights of indigenous peoples and do not act arbitrarily in carrying out their activities. Also, so that companies do not produce products by seizing indigenous people’s land.
Eviction of people’s land
Diana’s eyes filled with tears. His voice trembled. Several times his sentences were paused when telling the dark events that happened to dozens of residents of Lelayang.
At the end of 2021, the 50-year-old woman witnessed excavators tearing down various types of residents’ plants. At that location, there were several people escorting heavy equipment. Diana told them that excavators had entered people’s land without permission.
“We were never asked, they just came directly to evict,” he said when met in Lelayang Hamlet. Those Diana was referring to were people who were alleged to be representatives of PT Mayawana Persada.
Since receiving customary ‘blessing’, this company runs its operations in Lelayang. The chronological document compiled by residents said that since 2021, the company’s activities have destroyed productive lands owned by 58 households, with an area of between 3000-4000 hectares.
“My land is 11 fields, exhausted. 1 field can be 3 hectares. So, approximately 33 hectares were evicted,” said Diana. “There I planted rubber, all the fruits were there. It has been fruitful, it can already be sold. It is indeed their brazenness. It hurts.”
Now, the land he owns is only 3 plots left. However, the dry soil conditions make it frustrating. To the extent that, in the past year the rice fields are no longer planted, even just visited. Instead, Diana chose to farm on her relatives’ land or work in people’s fields, with a salary of 60.000 Rupiah compare with 4 USD per job.
Minimal monthly income requires him to look for additional even by way of debt. “Our lives are hard now. The land has been evicted. Work let alone us. Farm can not. Debts here and there,” explained Diana. “Like there is no hope, just surrender.”
A similar condition was felt by Kiam. 15 plots of land that were supposed to be the family’s source of income were also evicted. In fact, previously, this 50 years old woman had never experienced social or economic disturbances.
“In the past, every 3 months, ginger plants worth 50.000 Rupiah compare with 3.5 USD per kilogram could be harvested up to 50 kilograms. Chili which costs around 60.000 Rupiah harvest every month. It has not been calculated income from other crops,” he said.
From the results of the garden and farm, Kiam supported his three children to complete higher education. But now, she and her husband have to rack their brains to pay for their fourth child who is going to college. Because, there are no more rubber, ginger, chili and onion that can be sold.
“If the land is not evicted, we can afford to teach our children. Now it’s hard. Want to work the land, the land has run out,” he said.
Tarsius Fendy Sesupi, the traditional Chief of Lelayang, was also one of the victims of eviction in 2021. The 40 hectares of land that had been cultivated for 14 years, disappeared without remaining. On that land he used to grow jiringa, rubber and various kinds of fruits.
“My business is only about 5 hectares that have not been productive. But, others, such as jiringa have harvested, chempedak have harvested. In fact, my rubber that can be tapped is approximately 15 hectares,” he said.
Now, Fendy has to meet the family’s living needs by tapping rubber belonging to other residents. Also, occasionally become a building porter. “It seems that this company wants to make people coolies for life, because our business has run out,” he explained.
Actually, the company has offered a compensation scheme called Tali Asih as known as Compassion Rope to residents of Kualan Hilir Village. Through this scheme, each person gets a reimbursement of 1.5 million Rupiah compare with 100 USD per hectare and a promise of a timber fee of 2,500 Rupiah compare with 0,16 USD per cubic. Again, the villagers refused the offer.
According to Fendy, the rejection was due to the incompatibility of the nominal proposed by the company with the provisions of existing regulations. In the Ketapang Regent Regulation (PerBup, red) number 86 of 2016, he explained, the basic price of planting compensation (GRTT) is based on the type, classification (young plants and productive plants), and plant units per hectare.
He gave an example, according to PerBup Ketapang, rubber plants are estimated at 400 stems per hectare. If each trunk is valued at 75.000 Rupiah compare with 5 USD, then the nominal that should be received is 30 million Rupiah compare with 2000 USD per hectare.
Meanwhile, with The Compassion Rope scheme, his 40-hectare land is only valued at 60 million Rupiah compare with 3000 USD. “Can it (60 million Rupiah, red) be for me to live and extend my child’s future?” asked Fendy. “It’s not until a year is up.”
Hendrikus Adam, Director of the West Kalimantan Forum for the Environment (Walhi), assessed that the control of community management areas by companies clearly has an impact on the life cycle of residents, especially in working on food needs.
“When the area of gardens and agricultural fields is evicted, their hope to continue to survive and access food becomes limited,” he said.
The continued impact, he said, is the weakening of the economic, psychological and traditions that have been practiced. So, in order to meet the needs of life, gradually the affected people will leave agricultural activities.
“They burned our hut”
Matius Midin, 54, showed photos from his mobile phone: a cottage engulfed in flames, as well as the rubble of charred buildings that had been razed to the ground. The photos are documentation of the burning of the huts of Lelayang Hamlet residents in September 2022.
Matius Midin was one of the witnesses and victims of the action. On the day of the burning, Kiam’s husband was picking up a sack of rice in his hut. Unexpectedly, a mob estimated at 400 people drove away the cottage owners. He suspected, the mob who came were PT Mayawana’s errands.
Midin remembered, at that time, a mass representative said that the residents of Lelayang Hamlet had been active outside the sub-district administrative boundaries. Therefore, residents were ordered to immediately pack the things contained in the cottage.
“What about our rights, our efforts?” he asked.
“We don’t want to know. This is our territory, our right,” replied the representative of the masses, as Matius Midin explained.
The presence of hundreds of people then made him reluctant to prolong the debate and decided to return home.
Not long after, the mob immediately set fire. The action had an impact, 9 huts of Lelayang Hamlet residents were burned by fire, in which there were still at least 6 tons of rice. The amount of loss has not counted household appliances and farm equipment.
When met by the Depati Project team, Midin comfirmed that he could not justify the claim that the people of Lelayang Hamlet had planted beyond the sub-district administrative boundary. Because historically, he said, the location of the cottage and garden was once the area of Simpang Hulu District.
“By rights, this is our right. Administratively, we return it to them,” he explained. “But they took our rights.”
Lelayang residents were originally residents of Entakai District, Sanggau Regency. In 1978, they decided to move to Simpang Hulu District, Ketapang Regency. Since arriving in Lelayang, they have received acceptance and registered themselves in the population administration.
At that time, said Tarsius Fendy Sesupi, residents opened gardens and fields which he said were still in the Lelayang Hamlet, Kualan Hilir Village. “We still hold the map of the village boundary point in 1978, which was signed by Regent Suhanadi (Regent of Ketapang at that time,red),” he said.
Twenty-five years later, in 2003, Simpang Dua District was split from Simpang Hulu District. At that time, according to Fendy, the residents of Lelayang Hamlet were still doing their activities without interruption, until the burning of the hut in 2022.
The historical sequence, he continued, shows the existence of the activities of the residents of Lelayang Hamlet for a long time. Thus, the expansion of administrative areas should not eliminate the rights of the community to their managed areas.
“Rights remain rights. Simpang Dua sub-district bloomed in 2003, while community businesses have been around for a long time,” said Fendy.
However, he does not want to blame his fellow villagers. Because, before the company was present, such a conflict he called never happened. Thus, customary responsibility for the incident is entirely borne by PT Mayawana.
“I don’t want to know who burned it. I only know it’s a company. Because after they existed, there was burning. So they have to take responsibility,” he stressed.
PT Mayawana was indeed sanctioned by sanksi adat as know as customary sanction on September 10, 2022. The company was required to pay 230 reals, kind of traditional money converted to Rupiah valued 4 million per reals so total amount is 920 milllion Rupiah compare with 58.000 USD, 20 tajau , kind of Dayakâs ceramic gucci, and 1 gong, kind of percussion instrument, because it was considered not respecting the letter of the Ketapang Regional Secretary requesting a halt to land clearing in the Simpang Dua and Simpang Hulu sub-districts. In addition, PT Mayawana is also accused of pitting people in boundary areas that are still problematic.
Fransiska Sopang, Head of Lelayang Hamlet, said that the meeting of the parties in September 2022 also resulted in a number of agreements. Among them, the completion of the boundary arrangement which was fully handed over to the Ketapang Regency Government.
He added that during the meeting, the District Regional Secretary also asked the company to compensate the community. “According to the company, they must be measured first, and then they change it. If they don’t measure it, they don ‘t know the extent,” he explained when met in Lelayang Hamlet.
Later, said Fransiska, the Ketapang Regency Government has published the boundary planning of Simpang Dua and Simpang Hilir Districts. “It turns out that the community (Lelayang) has been gardening outside the administrative boundaries of the village,” he added.
In an effort to avoid ongoing conflicts, the Ministry of Environment and Forestry (MoEF) appealed to companies to implement partnership mechanisms in concession areas.
Risno Murti Candra, Head of Sub-Directorate of Business Performance Evaluation, Directorate General of Sustainable Forest Management of the Ministry of Environment and Forestry said that the partnership concept was contained in the Decree of the Minister of Environment and Forestry (Kepmen, red) number 285 of 2024 year.
“The context is to manage the region. It can be indigenous people, local communities. PBPH holders are the off-takers,” Risno said when met at the KLHK Office, Jakarta.
The partnership, he added, stipulates a number of provisions, for example, the subjects involved in the cooperation are people who do live around the concession. “We don’t look at the entity or not, but the people who are really there,” Risno said.
In addition, the commodities developed in the cooperation must be in accordance with the type of forestry plant. “Palm oil can’t be there,” he said.
The Depati Project Coverage Collaboration Team has attempted to confirm with PT Mayawana Persada. On April 27, 2024, a list of questions was sent to Ardian Santoso, Public Relations of PT Mayawana in Pontianak.
Starting from April 30, May 1 and May 3, 2024, collaboration team members asked Ardian for a confirmation answer, but there was no response.
On May 4, 2024, team members met Ardian and asked again about confirmation. At that time, he asked for time until May 6, 2024. On the promised date, the team confirmed again, but until this article was published, there was no reply from PT Mayawana Persada.
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Now, Acasia plantation owned by PT Mayawana Persada has grown in a number of points in Kualan Hilir Village. Some reports say, the company has opened job opportunities for local people. Also, assisting development programs around its concession area.
Among the atmosphere, there were also farmers in Lelayang Hamlet who were victims of eviction and burning of huts. Farmers in this hamlet, who have not been electrified and must use boats to reach them, are living days in uncertainty after losing their source of livelihood.
As Andorias Boeng feels, “Every night I can’t sleep. Always keep thinking. There is nothing else on us.”
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This report is a collaborative report conducted by Ekuatorial.com, Betahita.id, Jaring.id, Mongabay.id, CNN TV, Pontianak Post, supported by Depati Project and The Society of Indonesian Environmental Journalist (SIEJ)