Jayapura – Nine United Nations Special Procedure Mechanism special rapporteurs have written a letter to the Indonesian government and the company PT Global Papua Abadi, which is involved in the Merauke National Strategic Project (PSN) in South Papua.
This was conveyed by the group Merauke Solidarity on June 17. The special rapporteurs are said to have highlighted allegations and the impacts of human rights and environmental violations due to the Merauke PSN.
In addition, the special rapporteurs asked the Indonesian government to convey the human rights due diligence policies and processes that have been implemented by the company to identify, prevent, mitigate and remediate the negative human rights impacts arising from the company's work activities in the project site.
This included the steps taken by the company to ensure a meaningful consultation based on good faith with the affected communities in order to assess the impact of land acquisition by the company. A number of other points were contained in the UN special rapporteurs' letter to the Indonesian government.
On May 6, the Indonesian gave its response.
The Indonesian government stressed that the development of the Merauke PSN has been carried out in accordance with applicable laws and regulations, especially related to land use and spatial planning. This project is located in a production forest area that has been established in South Papua province, and so far there has been no request from any party to classify the area as customary land.
PT Global Abadi's land ownership is legally supported by a right to use permit (HGU). The company also obtained a plantation business license from the Papua provincial government in 2018 and an environmental permit from the Merauke regent in 2015. In addition, this company has also established a partnership agreement with local communities to jointly manage sugar cane plantations in several village areas.
Simultaneously, the Indonesian government has begun an inclusive dialogue with local communities affected by the project and has encouraged them to report any alleged intimidation or violence, which is supported by verified data or evidence, so that relevant authorities can follow this up with an appropriate investigation and measures.
Despite this, Merauke Solidarity believes that the Indonesian government's statement is not in accordance with the facts and what is occurring on the ground. Indigenous peoples also believe that the Indonesian government's statement is not in accordance with the conditions they face in South Papua.
Therefore, Merauke Solidarity, which consists of a number of organisations and indigenous peoples, believes that the Indonesian government is denying information on the alleged human rights and environmental violations that have occurred. According to the group, the government's rebuttal is not based on empirical reality because these violations are still occurring.
The Indonesian government's response seeks to avoid requests for information or clarification from UN special rapporteurs by providing answers that are not directly related to the problems that are occurring.
The government's response shows its reluctance to resolve the problems that are occurring and extent of the human rights and environmental problems that have occurred because of the PSN Merauke policy which has also reached other places outside of Merauke.
"So we have a problem with this response and it cannot be accepted, it is contrary to Indonesian constitutional law, contrary to the recommendations of the Komnas HAM [National Human Rights Commission] related to the Merauke PSN and contrary to international human rights standards", said the Merauke Solidarity team in its statement.
"We doubt the government's commitment to advancing and protecting human rights in accordance with the international human rights law framework if the PSN program continues", they continued.
Therefore, Merauke Solidarity is urging the UN Special Rapporteurs to visit and conduct direct monitoring of information on human rights and environmental violations in Merauke.
"We also ask for a mandate from the special rapporteurs to urge the Indonesian government to stop the implementation of the PSN to prevent further human rights and environmental violations in Merauke and other places."
[Translated by James Balowski. The original title of the article was "Indonesia Bantah Dugaan Pelanggaran HAM dan Lingkungan Dampak PSN Merauke".]