HUTAN Group Date: 31 December 2014 Roundtable on Sustainable Palm Oil Unit A-33A-2, Menaga UOA Bangsar, No.5, Jalan Bangsar Utama 1, 59000 Kuala Lumpur Responding paper

Responding paper to PT.BGA & PT.ASMR by HUTAN Group, JATAN and COP

1 The plantation programme in Kumai Seberang and in Teluk Pulai by ASMR should be stopped because the company has not gained the HGU permit yet. 1-1 Argument points 1-1-1 The company submitted the application for the permit(003/ASMR-Dir/Ⅶ2012/Izin Lokasi ) to the Bupati(Head of Kotawaringin Barat) on 6 November 2012. The Bupati issued the permit（Izin Lokasi/No525/68/Ⅻ/2012 Year2012）on 18 December 2012 for the 9276.5ha area in total in Desa Sekonyer, Desa Kumai Seberang, and Desa Teluk Pulai region. According to the EIA regulation 2012(Peraturan Menteri Negara Lingkungan hidup), the Sonokeling company hired by ASMR made some research from April to May in 2013 for the EIA, then on 28 October 2013 ASMR gained the Envionmental Permit (Izin Lingkungan) with the consent of the Bupati.

1-1-2 The company, however, began the clearing operation in the forest in Kumai Seberang area on 8 June 2013;i.e, more than 4 months earlier than the Envionmental Permit(Izin Lingkungan), moreover, the company obtained the Plantation Business Permit(IUP) on 26 November 2013. Meanwhile the Plantation Business Permit(IUP) regulation(Point8 ketentuan) prohibits any operarions over the lands before the IUP permit. Therefore the clearing operation in Kumai Seberang area mentioned above was clearly against the regulation, then it goes without saying that the operations before the HGU is more seriously illegal. Consequently, ASMR has to stop their all development or operation until the HGU permit. Data: 1, [Roundtable on Sustainable Palm Oil new Planting Procedure Summary Report of EIA,SIA and HCV Assessment]P6) by

PT.ASMR(ANDALAN SUKSES MAKMUR)/

(www.rspo.org/file/summary%20Report%20of20SEIA%20and%20HC%20Assessment%20PT%20ASMR.pdf)

2,[RSPO Principle & Criteria １.1/1.2 and 2.1/2.2/2.3 and 7.1/7.2/7.4] , 3,[PT.ASMR, Bumitama-Additional Comments by HUTAN Group, JATAN, Centre for Protection (COP)/

4,26 Nov.2014 P1—[Prior to the land acquisition by ASMR in 8 July 2013,・・・] 5, photo at Kumai Seberang and Jerumbun site on 8 June 2013 by HUTAN Group

1-2 Data request 1-2-1 As far as we know, the ASMR has to save about 20% of IUP area for the villagers’ use(as well as small plantation plots, known as Plasma), and if you also save the HCV area, the rest( planned for plantation lands),it seemed, will count about 5000ha in total. We would like you to show the map of the forest area you already cleared and the whole square meters in area. Re:[RSPO new Planting Procedure Summary Report of EIA,SIA and HCV Assessment] P6

Table2. Estimation of new planting area and time-plan for new planting PT Andalan Sukses Makmur see attached

Potential Year Planting(ha)

Land 2013 2014 2015 Total

± 7,300 0 ± 3,000 ± 4,300 7,300

Data: 1. a map showing the peat land research points 2013 and results of the depth by HUTAN Group 2. a map showing the research points and results and some photos in September 2014 by HUTAN Group 3. photo at Kumai Seberang, Jerumbun site on 8 June 2013 by HUTAN Group: including [Save! N. Park] 4. photo at Kumai Seberang logging site by the buldozer in Sep 2014 by HUTAN Group

1-3 Proposal 1-3-1 HUTAN Group wants to confirm whether Jerumbun and Padang Sembiran area will be excluded in the plantation area or not. Because in these area we have forested for years under the support of Japanese citizen and governmental bodies in order to make green corridors for the endangered species such as . If you have no intension to develop these area and Beguruh area as well, we ask you some official statement about it.

2 The company has to make more precise research on the depth of peatlands and biodiversity in Kumai Seberang and in Teluk Pulai area. Development on the over 3m-depth peatlands is against the Presidential Decree No32/1990. 2-1 Argument 2-1-1 The EIA report April 2014 made by Sonokeling wrote that in the map, about 80% of the Desa Kumai Seberang and Desa Sekonyer are located on the peatlands. Meanwhile on the RSPO table ASMR or BGA didn’t mention about the information at all. As a matter of course, these companies fully recognized the information, then they have to research the area precisely and measure up the depth of the peatlands with a small mesh so as not to miss the deeper peatlands than the Presidential Decree prohibits the development. Data: 1,[KONSALTASI PUBLIK IDENTIFIKASI KAWASAN BERNILAI KONSERVASI TINGGI(High Conservation Value Area) -DI KAWASAN KEBUN KELAPA SAWIT] P3; May 2013/ by Sonokeling & PT. ANDALAN SUKSES MAKMUR (PT.ASMR_BGA GROUP.pdf) 2, [RSPO Principle & Criteria 5.1/ 5.2/ and ７.1/7.2 / 7.3 /7.4]

2-1-2 HUTAN Group made own research twice on the area. The first one was made on 18 June 2013 at 10 points about every 100m from Kumai Seberang to Desa Sekonyer, and found that the 4 out of 10 were covered by more than 3m depth of peatlands. The second was made on 28 September 2014 in the different 7 points at the downstream area of the Sekonyer river which are some hundreds meters away from the first research site, and found that the 4 out of 7 were covered by more than 3m depth. Our research shows that nearly half of the research points are the area prohibited to develop by the Decree. Meanwhile, the report by Aksenta researched only 1 point in the Kumai Seberang area and concluded that in the area there is 3.49ha of HCV area. How does the figure come from through only 1 point research? Data: 1, [Report-Review and VerIfication of PT Andalan Sukses Makmur of Bumitama Agri Ltd. Compliance with the RSPO Principle5-High Conservation Value(HCV) and Principle 7-New Planting Procedure(NPP)] p26 by Aksenta p25:Feb.2014 2. our Report, [Save! Tanjung Puting National Park] for ITTO and RSPO /3 Nov.2014 by HUTAN Group & COP

2-1-3 As mentioned before, our researchs were made at the points of nearly every 100m. Therefore, ASMR and BGA should make their research choosing the points every 100m at least from Kumai Seberang to Jerumbun along the river Sekonyer, inside of the village area, and neighbouring area with Kumai Seberang village as well in order to confirm the depth of peatlands. The report ‘Progress report for ASMR June2014’ mentioned about peatlands in Teluk Pulai(see,15p), but no mention about the peatlands in the area from Kumai Seberang to Sekonyer village. Data: 1, [Roundtable on Sustainable Palm Oil new Planting Procedure Summary Report of EIA,SIA and HCV Assessment] P26

/(www.rspo.org/file/summary%20Report%20of20SEIA%20and%20HC%20Assessment%20PT%20ASMR.pdf) 2, [Progress Report for ASMR_June 2014.pdf] 4 June 2014 3, [Progress Report for ASMR_August 2014.pdf] 16 Sep.2014

4, RSPO [Principles and Criteria 7.1/ 7.3/]

2-1-4 Accordingly, the EIA submitted by ASMR for the IUP permit was clearly insufficient as to the research of the peatland, then ASMR and BGA should submit an additional research report on the table of RSPO. 2-2 Insufficiency of the flora and fauna in the EIA 2-2-1 The EIA doesn’t mention at all about Bornean white-bearded /Hylobates agilis unko： endangered in the fauna, or Ironwood/ (Eusideroxylon zwageri)/Ulin: endangered in the flora. Moreover it doesn’t specify the research area of the flora and fauna. Data: 1,[Roundtable on Sustainable Palm Oil new Planting Procedure Summary Report of EIA,SIA and HCV Assessment] p24 2,Bornean white-bearded Gibbon at our photo by Nishioka: 2008 near Pondok Tangi, Tanjung Puting N.P During our research made on 29 September 2014, we confirmed 20 nests of orangutan in the area from Kumai Seberang to Desa Sekonyer. We found they were flown from Kumai Seberang area where a large number of proboscis monkeys inhabit. Data: [Save! Tanjung Putting National Park]/for ITTO & RSPO/3 Nov.2014/by HUTAN Group & COP

2-2-2 Page 13 of Progress report for ASMR June 2014, writes that they confirmed some orangutans in the northeast of Kumai Seberang village. In page 3 for progress as of 30 June2014, writes that they found 2 females and a baby of orangutan moving into the buffer zone near the river Sekonyer where they will be safe. BGA has professed they have concerned about protection of orangutan, if so we want to know how seriously they made their research over habitats of orangutan in these area and what sorts of measures they have taken for the endangered species before their clearing forest operations in large scale. Data: 1,[Progress report for ASMR_June 2014.pdf] p3 This wrote—“Our team sighted 3 orangutans(2 females and 1baby), near Desa Kumai Hilir (refer to Appendix 4). The orangutans could be moving along the Sekonyer River buffer zone which still has good land cover. The team will continue to monitor, patrol and report on progress.” 2, [Progress report for ASMR_August 2014.pdf] :this wrote- only “done” or “completed”, not detail

2-2-3 According to ‘Recommendation of Orangutan Land Trust Scientific Advisory Board Concerning Proposed Riparian Buffer Zone Adjacent to Tanjung Puting National Park’, 15 scientists or researchers wrote that about 100 orangutans inhabit in the planed forest area to be cleared, and they also commented that 5000ha of the forest will be needed for their survival and 500m from the river are needed for the buffer zone. Attached data:

1, [peatland research report 2014] by HUTAN Group and JATAN 2, Mapping of the nests of orangutan /29 Sep,2014 by HUTAN Group and COP 3, Mapping of proboscis monkey’s inhabit /27 Sep.2014 by HUTAN Group and COP 4, Photos of Bornean white-bearded gibbon, Borneo Ironwood, and nests of orangutan

5, [Recommendation of Orangutan Land Trust Scientific Advisory Board Concerning Proposed Riparian Buffer Zone Adjacent to Tanjung Putting National Park]

2-2-4 Questions In the page 29 of [BUMITAMA AGRI LTD. ANNUAL REPORT 2013], you wrote about the protection of environment, HUTAN Group would like you to answer our several questions as below, 2-2-4-1 Who research habits of orangutan in the area? 2-2-4-2 The contents of your reforestation programme in the area for the protection of endangered species such as orangutans. 2-2-4-3 You gathered 40,000 seeds for the reforestation. What kinds of seeds did you get and where did you pant them and how is the plan going so far? Data:[Progress report for ASMR_June 2014.pdf], and [Progress report for ASMR_August 2014.pdf]

2-3 Proposals/Requirement 2-3-1 On 12 September 2014 BGA announced that regardless of the depth of peatlands, the company won’t develop any peatlands which any farmers or NGOs claim them as ‘High Carbon Stock Area ’. Let us know the map on which such HCSA are shown.

2-3-2 As you wrote in your ‘ANNUAL REPORT 2013’, in order to avoid the conflict between orangutan and workers of oil plantation or farmers, you should make some overall research as to the inhabits of orangutans in Kumai Seberang, Desa Sekonyer, Jerumbun and Teluk Pulai.

2-3-3 As we argued before, the EIA of ASMR is clearly insufficient about the research for the flora and fauna. For example, Bornean white-bearded gibbon: are endangered and very nervous against forest destruction, and were luckily observed by us at the opposite side forests of the Sekonyer village, near Pongok Tangi and the Camp Leakey. If you develop these area or neighbouring area, you should also research inhabits of such endangered animal species as well as orangutans. Further you should research endangered flora such as Bornean Iron trees. After all such researches, you can make layered maps with the whole information on them. Such layered maps have to be contained in the EIA in real meaning.

3 The ASMR is responsible for the fires happened in September 2014 in the opposite side of Kumai Seberang 3-1 Argument 3-1-1 According to the research by HUTAN Group, not only in the opposite side of Kumai Seberang but also in Jurumbun, these fires happened at the logging sites. The logging or clearing operation were ordered by ASMR, then the company has to be careful and has to keep watching on these areas to prevent such fire from occurring. Data: 1, [RSPO Principle & Criteria 5.5/Use of fire for preparing land or replanting is avoided, /5.7 pollution and emissions including GHG /7.7 No use of fire in the preparation of new plantings other than in specific situations, /7.8 New plantation developments are designed to minimise net greenhouse gas emissions ] 2, [Progress report for ASMR_June 2014.pdf], and [Progress report for ASMR_August 2014.pdf] p3 :That says “Training on proper fire prevention -Completed”

3-1-2 ASMR/ BGA argued that they have no legal power for the land they haven’t bought. However as long as the company ordered the logging operation, they will be responsible for the risk of the fire. ASMR/ BGA have to research the cause of the fire and prevent such fires from happening again. Actually, the page 30 of 「BUMITAMA AGRI LTD. ANNUAL REPORT 2013」 says that “The Group has a “zero-burning policy” implemented across its operations, allowing for an environmentally friendly land-clearing method that minimizes air pollution and Greenhouse Gas emission. This ‘zero-burning policy’ is in accordance with RSPO[Principles and Criteria for the Production of Sustainable Palm Oil 2013 」 Principles and Criteria No5.5/Indicators ASEAN Policy on Zero Burning’2003’ or comparable guidelines in other regions(P31). Moreover in the ‘Oil Palm Magazine’ dated 26 September 2014, BGA committed not to burn and minimize the fire. Therefore, the ASMR/BGA’s argument is not only against the RSPO’s Principles and Criteria but also their own policy mentioned above. Attached data: ‘Oil Palm Magazine’ dated 26 September 2014

3-1-3 ASMR/BGA claimed that they provided a fire watching tower, but additionally they have to check the hot spots of fires and have to provide some professionals and materials such as fire engines and fire fighters for use.

Faithfully yours, Yoshio Nishioka 西岡良夫/ President of HUTAN Group/ Osaka/ Japan Akira Harada / Director of JATAN(Japan Tropical Action Network)/ Tokyo/ Japan Hardi Baktiantoro /Principal Centre for Orangutan Protection