Press Release: ILO 111 case – State-authorised land grabs discriminate against indigenous peoples and destroy community forests in Indonesia

Since 2004, the lands and resin forests of the Toba Batak community of Ompu Ronggur have been cleared and replaced by eucalyptus plantations of PT Toba Pulp Lestari [TPL], a pulp company owned by Singapore-based Raja Garuda Mas Group.

This State-authorised land-grab and destruction of the community’s forests violates a range of international human rights instruments ratified by the Government of Indonesia, including ILO Convention 111.

Article 1(1) of ILO 111 defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.”

This case is currently lodged with the ILO.

 

“Since the time of our ancestors, we have depended on the harvesting of incense to live. I consider this incense forest to be the bones of my ancestors. The two are inseparable.” - Pariang Simanjuntak, Ompu Ronggur community member and a descendant of the Toba Batak peoples.

The Toba Batak, an indigenous peoples of North Sumatra’s highlands, have harvested benzoin incense resin from their forests for millennia.

The resin trade is ancient and a mainstay of their economy. Today, it is a major source of income for 18,000 Toba Batak households.

 

“18 years ago, we agreed, as the community of Ompu Ronggur, to reclaim this land from TPL, so that our children, and children’s children, could continue to live from the forest.”

The remaining intact forest is within the customary territories of the Toba Batak indigenous peoples. However, these customary forests have been classified as ‘State forests’, under which indigenous customary territories are parcelled and awarded to investors in the form of concessions. In this case, the investor is PT Toba Pulp Lestari. The company controls 180,000 hectares of indigenous Toba Batak customary lands.

In 1958, the International Labour Organisation adopted Convention No.111 (ILO 111) on Discrimination in the field of employment and occupation. This was ratified by the Government of Indonesia in 1999.

Article 1(1) of ILO 111 defines discrimination as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.”

Despite repeated appeals to the local, regional and national government, the community’s complaints were ignored.

With the help of the national plantation workers’ trade union, SERBUNDO, Ompu Ronggur filed a representation with ILO.

“The basis for the complaint (‘representation’) alleges discrimination against the Ompu Ronggur community,” said Emil Kleden, the Director of the Foundation for Sustainable Forest Peoples, Indonesia.

“Firstly, their rights to enjoy their traditional occupations were violated, because their land was taken by the state and handed over to investors. Secondly, the state has failed to protect people's traditional land rights. And thirdly, land grabbing was carried out without the consent of the community,” he said. 

“On this basis, in accordance with obligations under ILO Convention 111, the State has violated the Convention by failing to protect the traditional occupations of the Ompu Ronggur community, instead, choosing to prioritise the interests of companies,” said Kleden.

“However, under the Constitution, the State must prioritise the protection of its citizens. The Constitution says nothing of the State’s obligation to protect corporations. Nothing at all,” he said.

This case is emblematic of the situation of 70 million indigenous people in Indonesia.

This case is currently lodged with the ILO, and awaiting a decision imminently.

For interviews or more information, contact:

Tom Dixon, Communication and Media Manager, Forest Peoples Programme

Email: [email protected]  

Telephone: +44 1608 690760